MontanaHB 83369th Legislature, Regular Session (2025)House

Provide funding to increase correctional capacity

Sponsored By: John Fitzpatrick (Republican)

Became Law

CorrectionsAppropriationsPublic Contracts

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 2 benefits, 0 costs, 2 mixed.

$246 million for prison construction

The law moves $246 million from the general fund into the state’s capital building account by June 30, 2027. On the law’s effective date, $246 million is appropriated to the Department of Administration. The money pays to build new state prisons, renovate existing ones, or buy a building to convert for prison use.

New fund and options to add prisons

The law creates a Future of Corrections Fund run by the Department of Corrections. The fund can pay to build, lease, buy, or contract with private prisons, and it follows DOC rules with a state finance exemption. If the Budget Director finds state-led construction or purchase is not in the state’s best interest, $246 million must shift into this fund; the earlier capital appropriation then becomes void. The Budget Director must consider local workforce needed for rehabilitation and reentry programs. Funding from the fund lasts until construction is done and any leases end; any remaining money returns to the general fund. Because lease-to-own deals need a two‑thirds vote in each house, if that vote is not met, the fund cannot use lease-to-own and can still use build-to-lease and private facility contracts.

Planning money and oversight for prisons

The law gives $4 million from the general fund to the Department of Corrections. The money covers system assessment, planning, transition costs, security technology, and related contracts, and is available through the biennium starting July 1, 2025. It also gives $3.5 million for the 2025–27 biennium for program expansion and operations and maintenance tied to the new setting, with the intent to add it to the 2027–29 base budget. Until a new facility gets a certificate of occupancy, any year‑end balance returns to the fund it came from. The Department of Administration can start planning and design early and use interentity loans to cover those costs. The Department of Corrections must report spending and obligations each quarter to three legislative committees until construction is complete.

New prisons must include operating money

The law blocks approval of a new prison facility unless the same authorization also funds program expansion and ongoing operations and maintenance. This ties building plans to the money needed to run the prison.

Sponsors & Cosponsors

Sponsor

  • John Fitzpatrick

    Republican • House

Cosponsors

  • John Esp

    Republican • Senate

  • Llew Jones

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 264 • No: 33

House vote 4/23/2025

Do Concur

Yes: 46 • No: 4

House vote 4/22/2025

Do Concur

Yes: 42 • No: 8

House vote 4/5/2025

Do Pass

Yes: 86 • No: 12

House vote 4/3/2025

Do Pass

Yes: 90 • No: 9

Actions Timeline

  1. Chapter Number Assigned

    5/19/2025House
  2. Signed by Governor

    5/13/2025House
  3. Transmitted to Governor

    5/7/2025House
  4. Signed by President

    5/6/2025Senate
  5. Signed by Speaker

    5/2/2025House
  6. Returned from Enrolling

    4/28/2025House
  7. Sent to Enrolling

    4/23/2025House
  8. 3rd Reading Concurred

    4/23/2025Senate
  9. 2nd Reading Concurred

    4/22/2025Senate
  10. Committee Report--Bill Concurred

    4/17/2025Senate
  11. Committee Executive Action--Bill Concurred

    4/16/2025Senate
  12. Hearing

    4/14/2025Senate
  13. Referred to Committee

    4/7/2025Senate
  14. First Reading

    4/7/2025Senate
  15. Transmitted to Senate

    4/5/2025House
  16. 3rd Reading Passed

    4/5/2025House
  17. 2nd Reading Passed

    4/3/2025House
  18. Revised Fiscal Note Printed

    4/3/2025House
  19. Revised Fiscal Note Signed

    4/3/2025House
  20. Revised Fiscal Note Received

    4/2/2025House
  21. Revised Fiscal Note Requested

    3/31/2025House
  22. Committee Report--Bill Passed as Amended

    3/29/2025House
  23. Fiscal Note Printed

    3/28/2025House
  24. Fiscal Note Signed

    3/28/2025House
  25. Fiscal Note Received

    3/28/2025House

Bill Text

  • Enrolled

    4/24/2025

  • As Amended (Version 2)

    3/31/2025

  • Introduced

    3/17/2025

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