Today marks day 78 of the 2025 Montana legislative session. As we move closer to sine die, or the final day of this legislative session, our team remains resolute in our work to stop bills that trample on the civil rights and liberties of Montanans— with a focus this week on House Bill 642.
To that end, the ACLU of Montana rises in opposition to HB 642, a bill that targets the most vulnerable amongst us, our unhoused neighbors. Rather than addressing the root causes of people experiencing homelessness such as lack of access to affordable housing or mental health care, this legislation pushes individuals further into the margins of society.
HB 642 provides no provisions for funding shelters, mental health support, or substance abuse treatment. It only penalizes people and exacerbates cycles of poverty. Those convicted for “public nuisance” under HB 642 will not only accumulate fines they cannot afford to pay, but also criminal records, making it harder for unhoused individuals to find jobs or housing.
Criminalizing unhoused people is cruel, inhumane, and does nothing to address the underlying issues that lead to people being unhoused. Such laws erode public trust in local government and law enforcement.
Evidence shows that punitive approaches to housing instability only further pushes people into the margins of society and places them at grave risk. We cannot keep criminalizing poverty and then expect better outcomes. HB 642 effectively punishes people for being unhoused, while also lacking clear criteria for what constitutes “camping,” which opens the door to arbitrary or discriminatory enforcement.
Currently, this harmful bill has passed both chambers of the legislature and now awaits signature from Governor Gianforte. For these reasons, we encourage you to send a message to our Governor and tell him not to sign HB 642 into law. We need solutions for our neighbors, not criminalization.
Unfortunately, HB 642 isn’t our only focus this week regarding repeated efforts to criminalize poverty.
Senate Bill 19 unnecessarily undoes the evidence-based and bi-partisan supported legislation previously enacted as a step towards meaningful sentencing reform. Instead, SB 19 takes us several steps back by eliminating minimum thresholds and other fair considerations such as past criminal convictions, so that crimes that would have previously resulted in probation or a deferred sentence will now carry the risk of incarceration and excessive fines. For instance, under SB 19 someone with no previous criminal convictions who is found guilty of stealing a five-dollar sandwich could now face jail time. The truth of the matter is the vast majority of individuals who engage in such petty theft do so out of desperation and we should not be criminalizing people because they are experiencing financial hardships.
Research shows that harsh sentencing does not reduce crime nor dissuade individuals from engaging in prohibited activity, especially when that activity is born out of poverty. SB 19 is an overly punitive bill that will come at great cost to local communities across Montana, with no benefit to public safety. In fact, SB 19 is estimated to carry a cost of nearly $3,000,000 to local communities over the next few years.
Montana does not need this ineffective and costly bill that creates further systemic inequalities for our already marginalized neighbors. Montanans deserve fair laws that use our fiscal resources responsibly and actually keep our communities safe. SB 19 recently passed both chambers of the legislature. We urge all of you to reach out to Governor Gianforte and tell him to OPPOSE SB 19.
HB 578 is a misguided bill that creates more problems than it solves. HB 578 creates a system where restitution is imposed without considering the financial circumstances of an individual convicted of a crime, which can lead to a cycle of debt and incarceration, while increasing the likelihood that restitution will never be paid.
Ignoring a person’s ability to pay sets them up for failure, leading to unpayable debt, prolonged court supervision, and even incarceration for nonpayment. Additionally, when an individual is incarcerated due to failing to pay restitution, they are removed from the workforce entirely, which paradoxically renders them completely unable to make their restitution payments. This bill entangles individuals in a loop of poverty and punishment, making it harder for them to reintegrate, find employment and support their families.
This bill would ensnare individuals into an endless fines and fees cycle, where those who cannot afford restitution payments face additional penalties, late fees, and collection costs that make repayment even more difficult, if not impossible. Many end up trapped in a system where they are continuously penalized for lacking resources, leading to wage garnishments, extended probation, and even incarceration— not because they refuse to pay but because they simply cannot.
A system that sets impossible financial obligations undermines rehabilitation efforts and burdens taxpayers with costly enforcement measures. Fairness in sentencing requires setting restitution at a level that individuals can realistically pay while still meeting their basic needs.
HB 578 recently passed both chambers of the legislature and awaits signature into law by Governor Gianforte. We encourage you to let our Governor know that he should OPPOSE HB 578. Let’s look for solutions, not endless criminalization because of poverty.
As the last vestiges of the Legislative session continue to play out, remember things move quickly. Please stay up to date with information on the bills we are tracking by visiting our website for details on our Legislative Advocacy page. Additionally, you’ll find resources to engage in the legislative process and add your voice to support civil liberties at our state legislature.
And as always, the work of advancing civil liberties, and preventing civil rights from being trampled on, is not easy—but keep speaking up because your action on key bills makes a difference. Together, we can continue to work towards a more just and caring Montana for all to enjoy. For this, we at the ACLU of Montana extend our gratitude to you for working alongside us. We couldn’t do it without you!
