Settlement Ends Gender Discrimination of Montana Prisoners

The Montana Department of Corrections (MDOC) agreed to a settlement in litigation brought by the American Civil Liberties Union of Montana alleging gender discrimination. The settlement ends forced participation in a “treatment” program entitled “Right Living Community” and will give female prisoners the opportunity to attend boot camp, an intensive program that provides male prisoners with educational and training opportunities and the chance for a reduced sentence.

Female prisoners could participate in boot camp until 2006, if sentenced to by a court or by application and acceptance for entry. Boot camp is designed to restructure criminal thinking and provide life skills.

“The “Right Living Community” was touted as a substitute for boot camp, but was discriminatory, rather than rehabilitative,” said ACLU of Montana Staff Attorney Ann Conley. “Not only did it not give the same opportunities for training and sentence reductions provided by boot camp, but it gave female prisoners power over other prisoners, and forced female prisoners to engage in degrading activities such as children’s song and games.”

Male MDOC prisoners continued to have boot camp available to them, but women were forced into “therapeutic” communities that based privileges upon meeting participation and homework. Prisoners were ranked, and those with higher ranking could pull privileges of those ranked lower than them. Refusal to participate in the “Right Living Community” resulted in solitary confinement placement.

Not only was it mandatory, instead of voluntary, but such programs are designed for drug treatment specifically; they are not a “one size fits all” model for all prisoners,” said cooperating attorney Ron Waterman. “Furthermore, such programs are only intended to last a few months, not years. The program at Montana Women’s Prison likely did more harm than good. “

What is certain about the harm is longer imprisonment for women. A female prisoner sentenced at the same time as her male co-defendant in the same incident, on average, served two years longer in prison. While the male could go to boot camp and receive probation upon his completion, the female was denied the opportunity by MDOC’s policy.

The settlement provides that as of November 1, 2013, MDOC had to provide a boot camp for women at the Treasure State Correction Training Center. A cash settlement of $1,800 was paid to plaintiffs Raylonda Wagner, Teri Wetzel, Angela Roman Nose, Nicole Lance, Tasha Rainey, Nicole Moose, and Susan Fish. The MDOC also agreed to pay the ACLU of Montana $50,000 in attorneys’ fees and costs.

See: Fish v. Acton, U.S.D.C. (D. Mont.), Case No. 1:11-cv-00099.

Related legal case