Montana State Prison

Representative John N. Rodgers introduced HB Memorial 7 in December 1866 that sought federal funds for a territorial penitentiary in Montana. In January 1867 funding was approved and the penitentiary opened in Deer Lodge in July 1871. It was relinquished to Montana Territory in 1873, and taken over by the federal government once again in 1874. The penitentiary became a state institution in 1889, when Montana achieved statehood.

The state contracted with former prison guard Frank Conley and Colonel Thomas McTague to operate the penitentiary from 1890 to 1908, with Conley as warden. In 1909 the state hired Conley as warden, a position he held until 1921. Conley instituted an extensive trusty program in which many prisoners worked outside the prison walls. Prison work crews built roads in western Montana and constructed buildings at the Montana State Hospital for the Insane and the Montana State Tuberculosis Sanitarium, as well as making many improvements to the prison itself. In 1921 Governor Joseph Dixon initiated an investigation of Conley's alleged use of state monies for personal gain; this investigation led to Conley's dismissal.

Conditions at the prison deteriorated in the decades that followed Conley's dismissal. The trusty program was largely abandoned due to the depressed economy and the concomitant protest by free labor against prisoners working outside the prison. Additionally, few industries had been developed within the prison, leaving many inmates idle. Overcrowding and the decay of the physical plant contributed to poor living conditions at the prison.

In 1957 an investigation of prison conditions conducted by Kenyon J. Scudder reported appalling and potentially explosive conditions at the prison. Later that year a "disturbance" did occur during which hostages were taken. A large scale riot occurred in 1959. The prison was made part of the Department of Institutions in 1963. A new prison was constructed in 1979 outside of Deer Lodge.

The Board of Territorial Prison Commissioners (later the Board of Prison Commissioners) was established in 1867, consisting of three elected members holding office for two years. The commissioners had "full and exclusive control over all the territorial prison grounds, buildings, prisoners, prison labor, prison property and all other things belonging or pertaining to said prison," and established "rules, regulations and by-laws" to govern the prison. The commissioners met every three months. An 1893 law removed prisoners from the commissioners' control, empowered the Board to appoint the warden, and established the Board as consisting of the governor, the secretary of state, and the attorney general, with two members constituting a quorum. In 1907 the Board was given the power to approve or disapprove parole for prisoners recommended by the governor. In 1913 the governor was given the power to appoint the warden, and the Board was given jurisdiction over persons receiving suspended sentences. In 1955 the Board's jurisdiction over paroles and suspended sentences was delegated to the State Board of Pardons. Legislation establishing the Board of State Prison Commissioners was not included in the 1972 constitution; the Board was formally abolished in 1974.

The State Board of Pardons was established in 1891, consisting of the secretary of state, the attorney general, and the state auditor. The Board was required to convene if the governor granted a pardon, remitted a fine or forfeiture, or commuted a punishment. The Board would then cause a notice of a hearing concerning the case to be published in a newspaper in the county in which the crime was committed and notify the concerned county attorney, district judge, and sheriff. Subsequent to the hearing the Board would file its decision with the secretary of state. In 1955 the Board membership was changed to three members appointed by the governor to terms of six years. The appointees were given the responsibility of administering the executive clemency, probation, and parole system. The Board was made part of the Department of Institutions in 1971.