AMENDED RESOLUTION NO.

21-______

Whereas, the World Health Organization has declared the worldwide outbreak of
COVID-19 Novel Corona virus a pandemic;

Whereas, COVID-19, is a respiratory disease that can result in serious illness or death
and can spread easily from person-to-person;

Whereas on March 18, 2020, the Missoula County Commissioners adopted Resolution
No. 2020-030 proclaiming and emergency regarding COVID-19 and state and federal
declarations of emergency have been declared and continue to exist;

Whereas, as of January 28, 2021 there have been 7,595 confirmed cases of COVID-19 in
Missoula County, 78 COVID-related deaths in Missoula County, 92,934 confirmed cases of
COVID-19 in Montana, and 1,210 COVID-related deaths in Montana and health authorities
anticipate additional cases;

Whereas, the detention center includes 224 beds in the county-side of its facility that
holds pre-trial inmates and inmates sentenced for felonies to the Montana Department of
Corrections who have not yet been transported from the detention center by the Montana
Department of Corrections;

Whereas, congregate settings such as detention centers have seen significant outbreaks
of COVID-19 throughout the duration of this pandemic;

Whereas, it is likely that the Montana Department of Corrections will continue to

transfer sentenced inmates at a slower pace for the next few months and as a result, the
detention center will see overcrowding, which is especially detrimental to attempts to slow the
spread of COVID-19;

Whereas, taking fewer inmates into the detention center may reduce chance of the
spread of COVID-19 in the detention center and help to protect inmates and detention center
staff;

Whereas, pursuant to Mont. Code Ann. 7-32-2242 conditions on use of the detention
center may be imposed by the governing body responsible for the detention center;

Whereas, the Missoula County Commissioners have delegated operation of the

detention center to the Missoula County Sheriff;

Whereas, the Missoula County Sheriff is the chief law enforcement officer for Missoula
County elected to handle matters of public safety;
 Whereas, on March 18, 2020, the Missoula County Commissioners and Missoula County
Sheriff passed and approved Resolution 2020-29 limiting individuals accepted into the
Detention Center and intend to now amend that Resolution;

Whereas, the Missoula County Detention Facility staff, Missoula County Justices of the
Peace and the Missoula Municipal Court Judge have agreed to meet weekly to discuss space
and safety issues at the detention center;

THEREFORE NOW BE IT RESOLVED:

Effective immediately, the Missoula County detention center will continue not to accept
individuals into the detention center who have been charged, but not convicted of non-violent
misdemeanor offenses under state laws and/or city ordinances other than Resisting Arrest, DUI
2nd, DUI 3rd, or when exigent circumstances exist upon request by law enforcement.

The Missoula County detention center will continue not to accept individuals into the
detention center who have been arrested based on a warrant related to non-violent
misdemeanor offenses under state laws and/or city ordinances in amounts less than $2,000
other than Warrants related to DUI 2nd, DUI 3rd, or when exigent circumstances exist upon
request by courts or law enforcement.

Effective immediately, however the Missoula County detention center will accept
individuals into the detention center who have been arrested based on a warrant in the
amount for $2,000.00 or greater that has been issued by a Court within Missoula County.

Missoula County detention center will continue not to accept individuals into the
detention center who have been arrested based on a warrant related to non-violent
misdemeanor offenses under state laws and/or city ordinances of any amount from courts
outside Missoula County other than DUI 2nd, DUI 3rd, or when exigent circumstances exist
upon request by courts or law enforcement.

The Sheriff and Commission agree to revisit this Resolution no later than July 1, 2021.

The Sheriff has discretion to exercise his authority to make determinations relating to
public safety and operation of the detention center, and provide notice of those determinations
to affected law enforcement agencies and the community.

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 PASSED AND APPROVED by the Board of County Commissioners of Missoula County,
Montana, this ____ day of February, 2021.

Missoula County Sheriff Missoula County Commissioners:

_______________________________ _______________________________
TJ McDermott Josh Slotnick, Chair

_______________________________
Juanita Vero

_______________________________
David Strohmaier