{"id":297784,"date":"2025-11-17T21:12:08","date_gmt":"2025-11-17T21:12:08","guid":{"rendered":"https:\/\/www.newsbeep.com\/us\/297784\/"},"modified":"2025-11-17T21:12:08","modified_gmt":"2025-11-17T21:12:08","slug":"a-revolving-door-flathead-beacon","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/us\/297784\/","title":{"rendered":"‘A Revolving Door’ – Flathead Beacon"},"content":{"rendered":"

On Feb. 7, a 32-year-old man was arrested at the intersection of North Main Street and West Center Street in Kalispell after he was seen charging passing cars. He yelled at pedestrians on the sidewalk and threw a glass bottle into the road before he was arrested by Kalispell Police Department officers. According to charging documents, he spit in the back of the patrol vehicle on the way to the Flathead County Detention Center, where he was booked on a misdemeanor disorderly conduct charge.\u00a0<\/p>\n

A month later, on March 28, he was arrested again for disorderly conduct, resisting arrest and obstructing a peace officer just before 7 a.m. But this time, he stayed in jail for the next six months where he \u201cdecompensated\u201d and became more aggressive. Kalispell Municipal Judge Alison Howard on Sept. 25 dismissed his misdemeanor charges without prejudice and ordered detention staff to transport the defendant to Logan Health for a mental health evaluation.\u00a0\u00a0\u00a0<\/p>\n

In the six months the individual sat in the detention center, Jail Commander Jenny Root said he was one of the facility\u2019s most violent inmates. He regularly assaulted officers, Root said, and required three staff members to move him.\u00a0\u00a0<\/p>\n

\u201cHe sat here longer than he would have if he was convicted of the charges,\u201d Root said.\u00a0\u00a0<\/p>\n

Following Judge Howard\u2019s order, Root said the inmate refused a mental health evaluation, while the mental health professional\u00a0assigned to him determined that he didn\u2019t meet criteria for an involuntary commitment at the Montana State Hospital. He was discharged from Logan Health and released back into the community with no mental health treatment and no connection to resources.\u00a0\u00a0<\/p>\n

A family friend and non-biological uncle of the individual, Eric Frederick, said his nephew suffers from bipolar disorder, has been off his medications for the last year and has been to the state hospital in Warm Springs once before. As a friend of his late father\u2019s, Frederick said he had been his closest support system since his death.\u00a0\u00a0<\/p>\n

\u201cHis dad passed, and that\u2019s when his life fell apart,\u201d Frederick said.\u00a0\u00a0<\/p>\n

Frederick said his nephew and his father were \u201chooked at the hip\u201d when he was alive, and they both took medications for the mental disorder they shared.\u00a0\u00a0<\/p>\n

But after his father\u2019s death, Frederick said his nephew stopped taking his medication and moved around frequently, at one point living in Libby with his brother. During this itinerant period, he was not receiving any mental healthcare, even as his criminal record grew.\u00a0<\/p>\n

In Libby, he was arrested on misdemeanor charges. While in custody, he incurred additional charges for assaulting a detention officer. Those charges were eventually dropped, and he was committed to the state hospital, according to Frederick.\u00a0\u00a0<\/p>\n

But after he was released, he wound up in Kalispell where he slipped back into his old habits and was again arrested. He sat in jail for six months before Logan Health turned him away, then returned to a community setting ill-equipped to accommodate his mounting needs.\u00a0<\/p>\n

\u201cHe needed further treatment,\u201d Frederick said. \u201cYou don\u2019t just lock somebody up for six months and throw him out into society. Basically, they turned a guy that could be dangerous right out onto the street.\u201d\u00a0\u00a0<\/p>\n

Frederick said his nephew\u2019s brother has since swung through Kalispell to pick him up. Now, his nephew is living in Oregon at a homeless shelter.\u00a0<\/p>\n

\u201cHe\u2019s damaged,\u201d Frederick said.\u00a0\u00a0<\/p>\n

\u201cHe just needs a group home that he can stay at,\u201d he added. \u201cHe\u2019s got a lot of troubles.\u201d\u00a0<\/p>\n

\"\"Flathead County Jail Commander Jennifer Root pictured in the Flathead County Detention Center in Kalispell on Oct. 28, 2024. Hunter D\u2019Antuono | Flathead Beacon<\/p>\n

Root, the jail commander, said the man\u2019s story serves as just one example of a population of inmates she deals with regularly at the Flathead County Detention Center. Individuals with varying degrees of mental illness \u2014 often undiagnosed \u2014 are arrested on misdemeanor charges like trespassing or disorderly conduct, and they sit in jail until their case is dismissed. She attempts to direct them to mental health care through an involuntary commitment to the state hospital. But Root said mental health professionals aren\u2019t granting referrals, which she attributed to a lack of statewide resources and a backlogged system.\u00a0\u00a0<\/p>\n

\u201cFor the majority of my mental health inmates \u2014 we take them for involuntary commitment, and they don\u2019t meet criteria,\u201d Root said. \u201cMy struggle is we had all this documentation that he was clearly a threat to others.\u201d\u00a0<\/p>\n

Jason Bryan, an attorney at the Office of the Public Defender (OPD) in Kalispell, was representing Frederick\u2019s nephew at the time and said the court\u2019s dismissal was contingent on a transport to the hospital. But despite the court\u2019s efforts to direct mentally ill defendants to obtain involuntary mental health care, the\u202fpopulation continues to cycle through the justice system without receiving treatment.\u00a0\u00a0<\/p>\n

\u201cI worry about my clients being out on the streets,\u201d Bryan said. \u201cIt\u2019s better than jail for them to be out there and typically what they\u2019re going to jail for is petty ass property crimes. They\u2019re going to Super 1, they\u2019re hungry and they\u2019re stealing a little of this or a little of that, and they wind up going to jail.\u201d\u00a0<\/p>\n

With few community-based behavioral and mental health resources locally and statewide, Logan Health is the last option to send an individual experiencing a mental health crisis. For involuntary commitments to the state hospital, it is the only such facility in the Flathead Valley where mental health professionals can make a referral.\u00a0\u00a0<\/p>\n

Mentally ill inmates who are released from the Flathead County Detention Center are usually ordered by a judge to be transported to Logan Health for a mental health evaluation. But if the evaluator determines they don\u2019t meet criteria, they are discharged.\u00a0\u00a0<\/p>\n

Logan Health spokesperson Chris Leopold said in an email to the Beacon that hospital staff follow state law when determining criteria, which restricts a healthcare provider\u2019s ability to \u201chold\u201d a patient against their will unless there is an \u201cemergency situation.\u201d\u00a0<\/p>\n

According to state law, an emergency situation can\u202finvolve someone who is in \u201cimminent danger of death or bodily harm\u201d and \u201cappears to require treatment,\u201d as well as someone who is \u201csubstantially unable to provide for the person\u2019s own basic needs of food, clothing, shelter, health, or safety.\u201d\u00a0<\/p>\n

Patients who arrive at the emergency department and are not in police custody have the right to refuse treatment and cannot be held against their will by a healthcare provider, Leopold said. While law enforcement has the authority to detain an individual until an emergency evaluation can be completed, healthcare providers do not.\u00a0\u00a0<\/p>\n

Leopold also noted that the Logan Health Behavioral Health unit is a psychiatric acute care facility that operates under specific admission criteria; in most cases, patients voluntarily check themselves in for \u201cshort-term stabilization,\u201d or a period of about three to five days.\u00a0<\/p>\n

But disagreements between hospital staff and local authorities have frustrated law enforcement officers, detention staff and OPD attorneys, who say the pattern continues to worsen as the system clogs up.\u00a0<\/p>\n

\u201cThe problem is way worse than it appears, because as a result of this dynamic where hospitals are closing their doors to people that \u2014 I believe \u2014 clearly meet criteria, [law enforcement] aren\u2019t even taking people that meet criteria to the hospital, because they know the hospital is not going to accept them,\u201d Kalispell OPD Manager Nick Aemisegger said. \u201cSo, you\u2019ve got police officers who, before, would have readily taken somebody who\u2019s in a mental health crisis to the hospital and they\u2019re not even doing that now because they\u2019ve had negative experiences. So, law enforcement is stuck holding somebody who\u2019s dysregulated and decompensating and out of control. And so now \u2014 what is the officer going to do with this guy?\u201d\u00a0\u00a0<\/p>\n

\"\"Kalispell Office of the Public Defender Manager Nick Aemisegger. Beacon file photo<\/p>\n

In the years since more than $50 million was cut from the Department of Health and Human Services (DPHHS) during the 2017 special session at the state legislature<\/a>, community-based behavioral and mental health funding has slowly dried up, leaving a dearth of resources for the most vulnerable population of individuals with mental illness.\u00a0\u00a0<\/p>\n

Services like the Case Management for Adults and Children program, crisis stabilization centers and other facilities across the state have gradually shuttered their doors in the aftermath. Some efforts have been made to reopen community-based services, like Western Montana Mental Health Center (WMMHC) officials did when the organization merged with AWARE to open the five-bed in-patient Glacier House. But experts say this barely scratches the surface in terms of meeting demand.\u00a0\u00a0\u00a0<\/p>\n

Prior to the budget cuts, individuals experiencing a mental health crisis received treatment within the community. But without those resources, Logan Health is their only option, followed by a trip to the Montana State Hospital in Warm Springs for those who meet criteria for involuntary commitment.\u00a0\u00a0<\/p>\n

Unlike the forensic unit of the state hospital, where individuals involved in the criminal justice system are put on a waitlist that can take a year for \u201cfitness to proceed\u201d evaluations<\/a> to be completed, the civil side has historically had space to accept individuals who are involuntarily committed.\u00a0\u00a0<\/p>\n

In an email to the Beacon, DPHHS Communications Officer Holly Matkin said there have not been issues surrounding a civil waitlist in the past; however, Matkin did not answer questions about whether a waitlist exists currently. She also said there has \u201cnot been an overall increase in the demand for civil beds.\u201d\u00a0<\/p>\n

But locally, officials familiar with the system have noticed significant wait times, including Root, the Flathead County jail commander, who said the delay once officials submit a petition for involuntary commitment is typically a month.\u00a0\u00a0<\/p>\n

\u201cThere\u2019s a waitlist for involuntary commitment proceedings, which is absurd because this is the process for dealing with people in a mental health crisis on an emergency basis. It\u2019s like calling 911 and being put on hold.<\/p>\n

Nick Aemisegger, manager of the Kalispell Office of the Public Defender<\/p>\n

\u201cThere\u2019s a waitlist for involuntary commitment proceedings, which is absurd because this is the process for dealing with people in a mental health crisis on an emergency basis,\u201d Aemisegger said. \u201cIt\u2019s like calling 911 and being put on hold. Even when the court finds they need to go to the state hospital to receive much-needed services, there\u2019s a waitlist, and all that contributes to the reality that I think [Logan Health] is now facing. If they let everybody in that technically meets criteria, it\u2019s going to be overrun, and people are going to be left languishing here. It\u2019s like the hot potato that nobody really wants to deal with.\u201d\u00a0<\/p>\n

Aemisegger said in his experience at the OPD, he\u2019s noticing clients who would have historically been accepted at Logan Health are now getting turned away due to the system\u2019s backlog.\u00a0\u00a0<\/p>\n

\u201cAnd that\u2019s why people end up at jail,\u201d Aemisegger said. \u201cBecause doors are closed literally every place else.\u201d\u00a0<\/p>\n

But even as a Montana State Hospital waitlist persists, there have been far fewer mental health professional referrals for involuntary commitments in recent years.\u00a0<\/p>\n

According to an involuntary commitment filings analysis prepared by Flathead County District Court Judge Amy Eddy, there were six Montana State Hospital filings in 2025 as of Oct. 3, but only half were committed. The remaining half either no longer met criteria because they became stabilized before their transport, or they were committed to the state hospital voluntarily. Last year, there were nine filings and only three were involuntarily committed.\u00a0\u00a0<\/p>\n

By comparison, Judge Eddy said there were 51 involuntary commitment filings in 2019 and 55 in 2020.\u00a0\u00a0<\/p>\n

Flathead County Attorney Travis Ahner, too, said his office has not seen as many referrals to the state hospital in recent years.\u00a0\u00a0<\/p>\n

\u201cThat would seem to be surprising, given that we\u2019re seeing a significant jump in criminal cases,\u201d Ahner said. \u201cWe have had issues where we\u2019ve gotten the referral, we filed for the commit and the court says yes, but the state hospital says we\u2019re not taking them yet. There\u2019s a delay in accepting patients. We have not had that in the past.\u201d\u00a0<\/p>\n

Encountering waitlists at the state hospital on the criminal side is not a new phenomenon, but that\u2019s primarily because defendants are waiting for a fitness-to-proceed evaluation to ensure they understand the criminal charges against them, which is necessary to uphold their constitutional right to a fair trial. But a lack of evaluators and space on the forensic side has caused a dramatic backlog.\u00a0<\/p>\n

\u201cIn the criminal realm, it wasn\u2019t uncommon,\u201d Ahner said. \u201cBut civil commits\u00a0\u2014 that was unheard of.\u201d\u00a0<\/p>\n

For example, when 25-year-old Zain Glass pleaded guilty last year to negligent homicide<\/a> in the death of his sister\u2019s boyfriend, Flathead District Judge Robert Allison committed him to the custody of DPHHS to serve a 20-year sentence at the state hospital. That was in October 2024.\u00a0<\/p>\n

As of Nov. 14, Glass remained in the Flathead County Detention Center where he has waited for more than a year since his sentencing hearing. Prior to his plea deal, the defendant was in Warm Springs for almost a year-and-a-half following the incident where he received involuntary treatment and waited for a fitness-to-proceed evaluation. After he was determined fit to proceed, he was transported back to the county jail.\u00a0\u00a0<\/p>\n

\u201cHe was sentenced on October 17, 2024,\u201d Ahner said. \u201cOver a year ago, the court said, \u2018I sentence you to DPHHS on the criminal side of Warm Springs. That\u2019s where you need to begin serving your sentence.\u2019 Over a year later, he\u2019s still in Flathead County Detention Center.\u201d\u00a0\u00a0<\/p>\n

\"\"Flathead County Attorney Travis Ahner appears in Flathead County District Court in Kalispell for a hearing for Zain Glass on July 19, 2023. Glass is charged with a felony count of deliberate homicide after a fatal stabbing in Columbia Falls on Sept. 20, 2022. Hunter D\u2019Antuono | Flathead Beacon<\/p>\n

While year-long delays on the criminal side of Warm Springs are expected, Ahner said civil commitments have historically been a swift process. From the time an individual enters a mental health crisis to the time they are committed to the state hospital, Ahner said the process should only take about a week.\u00a0\u00a0<\/p>\n

Scenarios usually start with a call to law enforcement about an individual with suicidal ideations, or someone who is decompensating in public. The person is transferred to the Logan Health emergency department and if the evaluator determines they meet criteria, they are committed to the inpatient behavioral health unit at the hospital, formerly known as Pathways.\u00a0\u00a0<\/p>\n

At this point, the county attorney\u2019s office files a petition for a civil commitment in district court and \u201calmost always the exact same day,\u201d the patient gets a referral to Warm Springs.\u00a0<\/p>\n

Within a few days, the respondent appears for an initial district court hearing \u2014 usually by Zoom \u2014\u00a0with their public defender\u00a0who explains their rights. A second hearing typically occurs that same week and Ahner said usually one of three things happens: the patient is involuntarily transported to Warm Springs; they are voluntarily transported to Warm Springs; or they become stabilized at Logan Health, no longer meet criteria for the state hospital and are discharged.\u00a0<\/p>\n

\u201cIf they still meet criteria and they do not want to voluntarily go, we have no other option\u00a0\u2014 the state hospital is the only option available,\u201d Ahner said. \u201cThe hearing tends to last one to three hours and at the end of the hearing, if the court says this person suffers from a mental disease and are without treatment, that they are a likely danger to themselves or others, that the state hospital is the least restrictive option and the only option available, then they are ordered to be committed that day.\u201d\u00a0<\/p>\n

\u201cIt\u2019s a very fast process,\u201d Ahner added.\u00a0<\/p>\n

In some cases, Ahner said Logan Health doesn\u2019t have the resources to hold some patients and they are transported to the state hospital where they are held but not committed.\u00a0\u00a0<\/p>\n

\u201cThey are not committed. They\u2019re just being held there because we don\u2019t want to hold them in jail. We want them to be in a mental health facility and local mental health is not an option. We have to run people down to the state hospital.\u201d\u00a0<\/p>\n

But even when involuntary commitments in Warm Springs are processed, there\u2019s usually no warm handoff to a local mental healthcare provider after a patient is discharged and returns to the Flathead Valley.\u00a0<\/p>\n

This was the case for a Flathead County man (his name was redacted from court records for privacy reasons) who was admitted to the state hospital for a 90-day involuntary commitment on March 25, 2025. According to his treatment plan, the patient refused to take his medications, which contributed to \u201cphysical and verbal aggression.\u201d Intervention goals on the treatment plan included \u201clearning new coping skills.\u201d\u00a0<\/p>\n

The patient was discharged on April 15 with an aftercare plan that stated he was to be transported back to jail with recommendations to continue taking psychiatric medications. Notes in the plan stated that \u201cno additional [mental health] appointments in the community have been established and he will be followed for [mental health] and medication management through the Flathead County Detention Center until released from custody.\u201d\u00a0\u00a0<\/p>\n

At the Flathead County Detention Center, Root said her staff can\u2019t force the inmates to take medication. Upon release, they are usually on their own.\u00a0<\/p>\n

\u201cWe have multiple inmates who have been to the state hospital numerous times, they get stabilized and they are released into the community, and they are back to their old selves and not taking meds,\u201d Root said.\u00a0\u00a0<\/p>\n

From there, law enforcement officers, social workers and attorneys say the cycle repeats itself.\u00a0\u00a0<\/p>\n

Inmates who have been to the state hospital return to the community untreated. They decompensate in public where they are often arrested on misdemeanor charges, and they are booked back into jail during a psychotic episode.\u00a0<\/p>\n

\u201cA lot of times, we can\u2019t get booking completed because they\u2019re so uncooperative,\u201d Root said. \u201cThey are in an isolated cell, urinating on the floor, there\u2019s feces on the wall, and they sit here for six months. Their attorneys file for a fitness to proceed, but it\u2019s over a year wait at the state hospital. There\u2019s nowhere for them to go outside of here. They sit here longer than they would have if they were convicted. You can\u2019t just hold people forever. They have rights.\u201d\u00a0<\/p>\n

Without community-based mental health resources, local authorities say jail has become the de facto crisis center.\u00a0\u00a0<\/p>\n

Flathead County voters this November passed a $105 million jail bond that will upgrade the medical wing from four beds to 30 to house mentally ill inmates, who make up 10% of the facility\u2019s population. Currently, mentally ill inmates take up two to three beds while they\u2019re in custody, and while Root said she hates to see this population decompensate while they\u2019re in jail, she says there are no other options for them.\u00a0\u00a0<\/p>\n

\u201cWe have to protect our community,\u201d Root said.\u00a0\u00a0<\/p>\n

But at the public defender\u2019s office, Aemisegger said, as a taxpayer, he adamantly opposes the new jail and would rather see that funding be used for mental health resources.\u00a0<\/p>\n

\u201cI get worked up over the whole notion of having in our community\u00a0\u2014 available at our disposal\u00a0\u2014 $100 million to cage people when we know that the biggest problem in this community is a lack of behavioral health services,\u201d Aemisegger said.\u00a0\u00a0<\/p>\n

Since local resources have shrunk over the last decade, elected officials and social workers have increasingly relied on the state for solutions.\u00a0\u00a0<\/p>\n

During the 2023 Legislature, DPHHS was allocated $300 million toward mental health and behavioral services, $75 million of which is being funneled toward \u201cacquiring new or remodeling existing infrastructure,\u201d according to a DPHHS spokesperson.\u00a0<\/p>\n

Matkin, with the DPHHS communications office, said \u201cprojects associated with the Behavioral Health Systems for Future Generations House Bill 872 are currently being assessed, and no final decisions have been made.\u201d Of the 10 funded recommendations, which includes implementing a care transitions program and expanding and sustaining certified community behavioral health clinics, DPHHS aims to \u201creduce reliance on state-operated facilities.\u201d\u00a0<\/p>\n

At the Flathead City-County Health Department, Behavioral Health Supervisor James Pyke would like to see funding used toward local wraparound services that help move people through the system more efficiently.\u00a0<\/p>\n

\u201cIt would essentially be this care coordination team,\u201d Pyke said. \u201cSo, here\u2019s a complex case of someone in a crisis and here are the necessary entities at the table \u2014\u00a0we have our mobile team, law enforcement, the ER, Pathways \u2014 so where does this person go? I think then you have to do community-based care. The system is not good enough in Montana to institutionalize people or put people in residential or inpatient care. Everyone needs wraparound services.\u201d\u00a0<\/p>\n

Instead of relying on the state hospital, Pyke said collaboration between local providers and officials within the justice system is essential.\u00a0<\/p>\n

\u201cThose conversations just bring more clarity and with those more open discussions you can learn more about what gaps exist in the system for these individuals,\u201d Pyke said.\u00a0\u00a0<\/p>\n

\"\"A cell at the Flathead County Detention Center in Kalispell on Oct. 28, 2024. Hunter D\u2019Antuono | Flathead Beacon<\/p>\n

When the Montana State Hospital began deinstitutionalizing as part of the federal Mental Health Act of 1963 and Montana\u2019s Mental Commitment and Treatment Act of 1975, community-based treatment options were established as patients left Warm Springs.\u00a0<\/p>\n

Western Montana Mental Health Center, an organization that continues to provide care today, was established in 1971 while beds in Warm Springs were reserved for the severely mentally ill population.\u00a0\u00a0\u00a0<\/p>\n

\u201cThey got rid of these insane asylums,\u201d Aemisegger said. \u201cThe whole idea was to make money available for resources that we could house people in the community and so there was all of this federal grant funding for bricks and mortar to build infrastructure.\u201d\u00a0<\/p>\n

But public defenders say there\u2019s a segment of the mentally ill population that won\u2019t willingly obtain care. Some of their clients need involuntary, long-term, inpatient treatment, which comes with complicated ethical issues surrounding humane models of care and treatment.\u00a0<\/p>\n

\u201cThat\u2019s the problem with what we did when we got rid of the old model,\u201d Bryan said. \u201cWe just got rid of it and we didn\u2019t see happy mediums. We didn\u2019t see that there\u2019s this giant chasm of difference from the people that need institutionalization long-term and those that don\u2019t.\u201d\u00a0<\/p>\n

With no long-term solution in place for this population of noncompliant patients, they are cycled from the streets to jail to the hospital and back to the streets, where they are visibly decompensating in public.\u00a0\u00a0<\/p>\n

\u201cThe reason it\u2019s more visible is not because we necessarily have more homeless people, but a higher percentage of those homeless people are unmedicated, dysregulated, mentally ill people and they\u2019re decompensating on the corner,\u201d Aemisegger said. \u201cThey\u2019re acting crazy. They\u2019re doing odd things. And people are seeing them at a much higher percentage than we saw them before.\u201d\u00a0\u00a0<\/p>\n

As this population grows, Aemisegger calls the waitlist for involuntary commitments at Warm Springs unprecedented. In his two decades at the OPD, he has never seen a waitlist.\u00a0\u00a0<\/p>\n

At the county attorney\u2019s office, Ahner said he\u2019s noticed the civil waitlist stacking up over the last six months.\u00a0<\/p>\n

\u201cWe never had issues with wait times for civil cases \u2014 even when things were really bad on the criminal side,\u201d Ahner said.\u00a0\u00a0<\/p>\n

When wait times for the state hospital become unrealistic for inmates who are languishing in jail, judges are left with no choice but to dismiss their cases and the inmate is released.\u00a0\u00a0\u00a0<\/p>\n

\u201cDismissal is the last remedy,\u201d Kalispell Municipal Judge Alison Howard said. \u201cIf they motion to dismiss, we haven\u2019t done anything for these folks. We\u2019ve gotten them no assistance. It\u2019s literally a revolving door.\u201d\u00a0<\/p>\n

While Howard recognizes the criminal justice system is not helping the mentally ill population, she said there are sometimes no other options.\u00a0\u00a0<\/p>\n

\u201cI have to do a balancing act,\u201d Howard said. \u201cI have to keep our community safe, and sometimes that\u2019s incarceration.\u201d\u00a0\u00a0<\/p>\n

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