Disability rights

Landmark settlement in disability rights Montana case

News from ACLU Montana

HELENA — Recently, the ACLU of Montana and Foley & Lardner LLP, on behalf of their client Disability Rights Montana (DRM), reached a settlement agreement with the Montana State Prison (MSP) and the Montana Department of Corrections (DOC), locking in significant reforms regarding how MSP houses and treats individuals with severe mental illness.

The settlement represents an important step forward in addressing the issues raised in DRM’s complaint filed in the United States District Court for the District of Montana in 2015, including inadequate mental health services and the inhumane practice of punishing incarcerated individuals for behavior caused by their mental illness. Prior to the settlement, incarcerated people with mental illness were routinely subjected to extended periods of solitary confinement and “behavior modification plans” that deprived them of clothing, working toilets, bedding, and proper food. These conditions worsened the individuals’ illness. Disability Rights Montana’s complaint alleged cruel and unusual punishment in violation of the Eighth Amendment to the U.S. Constitution.

In the intervening years, thanks to the lawsuit and actions by the Montana Legislature, officials at DOC and MSP, the treatment, housing and care of incarcerated individuals with severe mental illness gradually began to improve. Nevertheless, during litigation at least 12 people with severe mental illness at MSP died by suicide.

“This settlement represents huge gains for the humane treatment of inmates with severe mental illness,” said Bernadette Franks-Ongoy, Executive Director of Disability Rights Montana. “Inmates with severe mental illness will now be provided appropriate care, treatment, and housing not to mention access to mental health experts, and most importantly restricts the use of solitary confinement.”

Disability Rights Montana is the federally mandated protection and advocacy system for Montana and has the authority to monitor and investigate MSP and other facilities where people with disabilities are served or reside. The settlement requires an independent monitor be appointed to ensure MSP and DOC comply with the settlement terms.

Among other terms, the settlement agreement requires every individual housed in the “Secure Adjustment Unit,” the housing unit where most prisoners diagnosed with severe mental illness reside, is guaranteed a minimum of four hours out-of-cell time per day. It guarantees all mental health treatment will be provided by qualified mental health professionals. It mandates the elimination of behavior modification plans for incarcerated individuals with severe mental illness. It replaces subhuman “safe cells” — which required persons with disabilities to use a hole in the floor as a toilet — with cells that must, at a minimum, have toilets, sinks, and platform beds. The agreement also makes clear these isolation cells are for limited emergency use only.

“While I am under no illusions that these reforms will be implemented overnight as a result of the settlement, I believe this represents a huge step forward,” said Caitlin Borgmann, ACLU of Montana, Executive Director. “We still have a long way to go to reinstate the dignity of incarcerated individuals in Montana, but it can no longer be said that solitary confinement exists for mentally ill individuals at the Montana State Prison.”

MATT ROSENDALE IS FIGHTING FOR MONTANA

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McGinnis and Steve Dupuis.

A one-year slot has only one candidate, Joanna Browning, who will finish out the rest of a term vacated in 2021 by Caroline McDonald. Hewankorn was appointed last July to finish McDonald’s term, but has opted to run for a full three years.

Dana Hewankorn, a Kootenai tribal member, has lived in the Elmo/Dayton area since 1996 and has had children in the Polson School District for decades. She is currently raising four grandchildren who attend Linderman Elementary and Polson Middle School. Hewankorn holds associate and bachelor’s degrees in Tribal Historic Preservation and an associate degree in Native American Studies, all from Salish Kootenai College. She earned a master’s in Tribal Administration and Governance from the University of Minnesota, Duluth. She has worked for the Confederated Salish and Kootenai Tribes since 1993, including positions with the Tribal Education Department and The People’s Center. In 2018, she took a position with Tribal Health’s Reason to Live Native Suicide Prevention Program, then returned to Tribal Education this February as the Project Aware program manager.

“Schools are often the common denominator in bringing communities together,” she says. “I am running for a position on the board so that I can further serve the community and our most treasured resource, the children.” Hewankorn notes that during her 30-year career she has focused on forging meaningful relations between education partners, the local community and the Tribes. The candidate also points out that the school district is located on the homelands of the Salish, Kootenai and Pend d Orielle people. “It’s incredibly important that the original people to this place are represented at the board level.”

Devon Cox was born in St. Ignatius, raised in Dixon, and attended grade school and high school in Charlo. He earned a bachelor’s and master’s in Business Administration from Eastern Washington University and now owns Massini Group, a small business specializing in data analytics and business-to-business marketing.

Cox and his wife live in Polson with their six children, ranging from 2 to 12 years old. He’s worked with kids through Mission Valley Flag Football, the Boys and Girls Club, and coaching Polson High School football.

“When you know the children in our community you want to help give them the opportunities they deserve,” he writes. If elected, he hopes to “help build an environment to develop valuable skill sets and experience to prepare our students for careers and lives.” He also believes “we all have an obligation to pour ourselves into service as we have the opportunity.”

Nathaniel Netzer, the third candidate for the two positions, was born in Mandan, ND, and has lived in Polson for 10 years. He attended Bismarck State College and North Dakota State University, earning a degree in Instrumentation and Control which he has deployed working in the oil fields for eight years and currently as a technician at the Weyerhaeuser Columbia Falls manufacturing facility. “I believe my insight into blue-collar work can help facilitate the continued growth of our technology, trades, and alternative education programs,” he writes. “By broadening educational options, students who graduate from the Polson School District would have the opportunity to be competitive anywhere in the country.”

Netzer, the son of a public-school teacher, says education has been an important part of his life, its value “engrained into my foundation – something I am strongly thankful for looking back.” As a father of four boys, he wants to instill those values in his sons and make sure they have “the best educational opportunities.” He’s been impressed with the Polson School District and if elected hopes to serve as “an advocate for the children, for the community and the teachers.”

Joanna Browning, the sole candidate on the ballot for a one-year term, grew up in Polson and graduated from Polson High. She earned a bachelor’s in sociology and environmental education from Western Washington University. After serving more than two years in the Peace Corps in Cameroon, West Africa, she earned a bachelor’s of science in nursing from Salish Kootenai College and now works at St. Luke Community Healthcare, as does her husband, who is also a registered nurse. “I look forward to serving the community as a member of the Polson district school board,” she writes.

Polson voters will also see two bond measures on the ballot: one would raise $32.1 million to expand and renovate Cherry Valley, Linderman and Polson Middle School; and the second would raise $17.76 million to expand and remodel the high school. Both measures would also increase safety and security at all four schools. Visit www.polson.k12.mt.us for more information.

Ronan School District

The Ronan School District has incumbents Kevin Detwiler and Diana Luke running for their seats against Matthew Connally.

Matthew W. Connally, or “Pastor Matthew,” serves as the pastor of the Pablo Church of the Nazarene and the satellite campus, Movement, in Polson. He has served as a substitute teacher in the Ronan School District since 2016 and thoroughly enjoys building relationships and interacting with the kids. He especially enjoys conducting the middle and high school bands when the opportunity arises. Connally and his family are involved with Pablo Elementary where his two children attend, and his wife works as a paraprofessional. He says he has a deep love for the community, loves to build relationships with people, and will bring a conservative and common-sense viewpoint to the position.

Kevin Detwiler is a veterinarian at Mission Valley Veterinary Clinic, the owner since 1994. He and his wife have been active in the school district with kids participating in many sports and activities, including Show Choir and Jazz Band for more than 10 years. Over the years, Detwiler has talked to students at K. William Harvey Elementary as well as Ronan middle and high schools during lunch and learn sessions and career days about careers in veterinary medicine. He has also been a participant in science night at K. William Harvey Elementary. Detwiler has served on the board of trustees for six years. During that time, he has served on the negotiations and calendar committees. He says he has found the time spent serving the community as a school board trustee to be very interesting and rewarding. He says he was glad to be a part of the district’s successful, common-sense approach to dealing with the COVID-19 pandemic. As a business owner for over 30 years, Detwiler says he will continue to bring a realistic and common-sense attitude to his duties as a school board trustee in Montana.

Diana Luke is running for her second term on the board of trustees. A Ronan High School graduate, she graduated from Montana State University with a Bachelor of Science in agriculture. After moving back to the area, she began working with Lake County Environmental Health as a registered sanitarian and is now the director. Her three stepdaughters all graduated from Ronan High School and she has one child attending Ronan Middle School. Active in Lake County 4-H and the Polson Presbyterian Church, Luke says she joined the board because she was interested in the health and welfare of students and staff. She has served on the building/ground and transportation committee, and has learned there are many aspects to serving on the board that she wasn’t fully aware of as a member of the public. Luke said she would like to continue to serve school district no. 30 residents.

St. Ignatius School District

Two candidates are vying to replace retiring trustee Stan Delaney in St. Ignatius.

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Tony Incashola Jr. introduces himself in Salish: Xest sxlxalt pesyáʔ (my name is Tony Incashola Jr.). An enrolled member of the Confederated Salish and Kootenai Tribes, he was born, raised and educated in St. Ignatius. He and his wife have three children, and the oldest two attend elementary and middle school there. He earned a bachelor’s in science degree in forestry from Salish and Kootenai College, has worked for the CSKT Forestry program for two decades and currently heads that department.

He’s running for school board in order to “do my part of providing the best learning environment possible to promote community success for current and future generations.”

“I want to see our school provide a variety of learning experiences for all students’ possible future paths – not only through traditional education, but also career-oriented trades and cultural awareness,” he writes.

Darren Orr has also spent most of his life in the Mission Valley and is a graduate of St. Ignatius High School. He worked at the Cenex in St. Ignatius for many years, including a stint as store manager, and earned an online bachelor’s degree in business management. Orr is now employed at Tribal Health, where he works in medical records. He and his wife have three children; his two daughters are in high school and his son graduated from St. Ignatius High. He’s been active in the local chamber of commerce, helping out with annual community events including the Easter Egg Hunt, Good Ol’ Days and the Christmas Carnival, was a Cub Scout leader, and worked with businesses across Lake County as a trainer for the state’s Serving Alcohol Safe program. He and his wife are also active in the Bulldog booster program.

If elected, he would consider it “a privilege” to work with the board and staff. “It’s a big responsibility and I look forward to the challenge,” he writes. “I have the schools’ best interests at heart and understand that what’s best might not be what’s the most popular … It’s about doing what is right, what’s best for the school and students and staff.”

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Elk Management Citizen Advisory Group to meet April 28

News from MT Fish, Wildlife & Parks

HELENA — The Elk Management Citizen Advisory Group will meet via Zoom on April 28 from 8 a.m. to noon. The meeting will be streamed on the Montana Fish, Wildlife & Parks website.

Anyone interested in offering comment during the public comment portion of the meeting must register on the FWP website by April 27 at noon.

The group is interested in the public commentors addressing this specific question: “What key factors should be considered to develop recommendations that balance hunter and landowner interests in elk management?”

The group is composed of 12 citizens, selected by FWP, who represent a broad range of viewpoints and experience. The group is tasked with developing a set of recommendations to address elk management issues and improve relationships among stakeholders.

The group’s recommendations will be presented to FWP Director Hank Worsech by July 31.

For more information about the advisory group and to watch the April 28 meeting, go to fwp.mt.gov.

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