Predecessor Agencies: Montana Department of Institutions, Montana Department of Corrections and Human Services

Montana State Prison

In 1866, Representative John N. Rodgers introduced HB Memorial 7, which 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. In 1889, the penitentiary became a state institution, the Montana State Prison, 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.

During the Great Depression, state appropriations for the prison decreased, while the facility itself continued to deteriorate – especially the originally constructed 1896 cellblock. Prison conditions also continued to deteriorate. The prison had no indoor plumbing, poor electrical wiring, an outdated library, and inmates were often forced to remain idle in their cells for the majority of the day.

Faye O. Burrell was warden of the prison from 1953 to 1958. During this time, although appropriated thousands of dollars to improve the prison, Burrell spent very little of this money. The legislature appropriated $105,000 for a new minimum security building; Burrell spent approximately $125 of those dollars of the project. During this time, prison population swelled to over 600, well above the previous average of 543 inmates. According to a visiting official, Montana State Prison suffered from “the lowest employee morale he had ever encountered in a penal institution.” Prison guard salaries were also amongst the lowest in the nation, and very little training was offered to staff.

In 1957, an investigation of prison conditions conducted by Kenyon J. Scudder reported appalling and potentially explosive conditions at the prison. In July 1957, some prisoners took guards hostage and made several demands, including better food, better hospitalization, abolishing the “silence system” at meals, better lighting in cells, yard privileges, and a federal investigation of the prison as a whole. Following this, Governor Aronson agreed to hire a professional warden, and in the fall of 1957 the state hired Floyd Powell as warden and Theodore Rothe as deputy warden. Powell and Rothe worked to implement changes, such as education programs, a prison classification system (to separate inmates with different degrees of crime committed), increased quality and quantity of prison food, and better recreation.

In 1959, inmates Jerry Myles, Lee Smart, and George Alton, attempted to escape the prison. In their attempt, Rothe was killed and Powell was taken hostage. While they planned to kill Powell, another prisoner, Walter Trotchie, – tasked as executioner of Powell – broke down and let Powell escape via the front gate. Inside, Myles continued to take hostages. Myles also convinced the other inmates that a prison riot could bring about greater change within the prison – though most saw “no pressing need to riot.” (Edgerton, 66) Eventually, most inmates voluntarily returned to their cells. Sensing their escape plan would be a failure, Myles shot Smart in the head, before shooting himself. This riot brought prison reform to the spotlight, and plans for a new facility were drawn up in the mid-1960s. In 1963, the prison was made part of the Department of Institutions. A new prison was constructed in 1979 outside of Deer Lodge.

As of 2025, the Montana State Prison operates within the Department of Corrections.

Sources: Newspapers.com, Keith Edgerton, “‘A Tough Place to Live’: The 1959 Montana State Prison Riot,” Montana The Magazine of Western History, Winter 1992.

Galen State Hospital

The Montana State Tuberculosis Sanitarium (renamed Galen State Hospital in 1965) was created by Chapter 125, Laws of 1911 and was located in Deer Lodge, Montana. The bill was introduced by Jim McNally, whose brother died of “miner’s lung” the year before. The facilities were constructed in 1912, and the first patient, a 22-year-old woman from Missoula, was admitted in 1913. Galen was originally created to treat patients with tuberculosis. Prior to antibiotics, common treatments for tuberculosis included rest, high altitude, and dry air.

In 1953, 100 additional beds were added for Native Americans with tuberculosis, along with an additional 72 beds. The total capacity at that time was 340 patients. By 1960, tuberculosis rates began to decline. Children from the Boulder Training School (later named the Montana Development Center) were transferred to Galen as a result of overcrowding at the Training School. Galen began treating patients with other chest diseases, such as silicosis, as well as drug use, mental disabilities, and aging seniors. The hospital was also responsible for operating an alcoholism services center, which was moved from Warm Springs to Galen in 1974. In 1981, legislation passed combining the Montana State Hospital and Galen under one administration. In both 1991 and 1992, the Stan Stephens administration attempted to close the hospital. In 1993, legislation passed to close Galen. The 80 acre, 28 building campus was sold to Anaconda-Deer Lodge County in 1998.

Board of Pardons and Board of Prison Commissioners

Article VII, Section 9 of the 1889 Montana Constitution established the State Board of Pardons, which was to be composed of the Secretary of State, the Attorney General, and State Auditor. This article permitted the Governor to “grant pardons, remit fines and forfeitures, and commute punishments subject to the approval” of the Board of Pardons (State Board of Pardons Annual Report, 1994). This Board had no parole responsibilities.

In 1907, the Montana Legislature established the State Board of Prison Commissioners, consisting of the Governor, Secretary of State and Attorney General, for purposes of parole. And inmate could be offered parole with the following exceptions: if they were previously convicted of a felony, if they had not yet served half their term or 12 and a half years, or (if they had a life sentence) they had not yet served 25 years. In 1955, the Board of Pardons and Board of Prison Commissioners merged into the reconstituted Board of Pardons. Later, following the 1971 Executive Reorganization, the Board of Pardons was transferred to the Department of Institutions (now Department of Corrections) for administrative purposes.

Montana Mental Health Advisory Council

The Montana Mental Health Advisory Council was established under the Governor's Office in 1974 by House Joint Resolution 66. This Council sought to improve the Montana mental health system. In 1977, the Council was transferred to the Department of Institutions by executive order. During that year, the Council produced a report which contained 68 recommendations from a 28-month long evaluation of the Montana mental health system. Between 1977 and 1979, the Council analyzed information from the Department of Institutions, Warm Springs (Montana State Hospital), Galen State Hospital, as well as other health centers. The Council also regularly consulted with the Department of Institutions to review the State Mental Health Plan. The Council ceased to exist on July 1, 1979.

To learn more, you can read the 1977 and 1979 Report of the Mental Health Advisory Council online.

Montana Prison Appraisal Committee

In July 1908, the Montana State Board of Prison Commissioners took over the management of the Montana State Prison, with Frank Conley appointed as warden. Conley, in partnership with Thomas McTague as Conley & McTague, had operated the prison as contractor since 1890. The state rented the property belonging to Conley & McTague even after the institution became a state facility. In his message to the 11th Montana Legislative Assembly, Governor Edwin L. Norris called for the state to purchase the "personal property necessary for conducting the prison, " including, "the water supply, the material used in the supply and distributing system, [and] nearly all the personal property used in conducting the prison...." from Conley & McTague.

As a result of the recommendations of a special committee appointed by the 11th Montana Legislative Assembly to examine the possibility of the state's purchasing the assets of the partnership, the Prison Appraisal Committee was created. The members, appointed by the Board of Prison Commissioners, were charged with appraising the property belonging to Conley & McTague. The Prison Appraisal Committee included William Lindsay, Glendive; J.C. McNamara, Helena; Martin Maginnis, Helena; George Stanton, Great Falls; and Thomas Lockman, Missoula. McNamara and Stanton were both unable to serve on the Committee and were replaced by Louis Heitman of White Sulphur Springs, and Herbert Strain of Great Falls. The Committee first met on June 16, 1909, and adjourned on October 1, 1909.

Department of Institutions (later named Department of Corrections and Human Services)

The 1963 Montana Legislature established the Department of Institutions to provide greater efficiency in state institution operations and create centralized state control. It was directed by Maurice A. Harmon for 15 months before he retired in August 1965, stating that he was resigning in “protest,” citing administrative and staffing difficulties. In 1971, following the Executive Reorganization, the Department of Institutions was re-established. Additionally, the Montana State Board of Public Institutions was established in 1963 as the official administrator of nine Montana state institutions providing care and rehabilitation to state residents requiring institutional care. This Board was terminated in 1979.

The Montana Department of Institutions functioned as the administrator of Montana state institutions, including: the Montana Children's Center, the State Soldier's Home (Montana Veterans Home), the Warm Springs State Hospital (Montana State Hospital), the State Training School and Hospital (Boulder River School and Hospital), the State Industrial School for Boys (Pine Hills School), the State Vocational School for Girls (Mountain View School), Montana State Tuberculosis Sanitarium (Galen State Hospital), the Montana State Prison, the Eastmont Training Center (Eastmont Human Services Center), the Division of Mental Hygiene, the Swan River Youth Forest Camp, and the Montana Center for the Aged.

In 1992, the Department was renamed the Department of Corrections and Human Services. In 1995, the Department split into the Department of Corrections and the Department of Public Health and Human Services (DPHHS). The oversight of the Montana State Hospital (Warm Springs) and Eastmont Human Services Center was transferred to DPHHS, while the Department of Corrections retained oversight of the Montana State Prison, Montana Women's Prison, and Pine Hills Correctional Facility.

As 2025, the Department of Corrections has the following Divisions: Director’s Office, Centralized Services Division, Public Safety Division (which oversees Montana State Prison, Montana Women’s Prison, and Pine Hills Correctional Facility), and Rehabilitation and Programs Division. The Montana Board of Pardons and Parole is administratively attached to the Department. To see a current list of Divisions and staff, please visit the Montana Department of Corrections directory.