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Montana Legislature Considers Bill to Enhance Penalties for Abuse in Caregiver Facilities

Missoula, Mont. — A new bill making its way through the Montana Legislature seeks to increase penalties for offenses committed against vulnerable individuals in caregiver facilities. Senate Bill 296, if passed, would be known as Alan’s Law, named after Alan Wright, a Billings man who tragically died after being beaten by a group home worker in February 2024.

The bill, introduced by State Senator Mike Yakawich (R-Billings), aims to close gaps in the state’s legal system that currently allow offenders to move from one facility to another without any permanent criminal record. The legislation is a direct response to the incident involving Wright, who had the cognitive abilities of a 2-year-old and was nonverbal, leaving him unable to cry for help when he was attacked by 19-year-old worker Dante Garriot.

Alan’s Law would ensure that individuals with a history of violent offenses in caregiver settings would face more serious charges, making it harder for them to be hired again in similar roles. Yakawich, who sponsors the bill, worked with Calvin Calton, the executive director of Residential Support Services (RSS), to develop the proposed legislation.

“We have a responsibility to protect vulnerable people,” Yakawich said. “This bill is about holding people accountable for their actions, especially those who take advantage of their position in caregiving settings.”

Calton, who oversees the care of individuals with disabilities, voiced concerns about how inadequate background checks have allowed abusive workers to slip through the cracks. He explained that current laws do not always reveal past offenses, especially when perpetrators are able to plead down to misdemeanor charges.

“Without this law, someone could abuse someone and then go to court, plead it down as a misdemeanor, be released, and move on to another facility with no felony record,” Calton said. “That’s what happened with Alan Wright, and it’s something that needs to change.”

The bill has garnered support from other advocacy groups who have highlighted a broader issue within the nation’s caregiver industry. Recently, Timothy Westervelt, a worker at the Yellowstone Boys and Girls Ranch, was charged with felony and misdemeanor offenses related to child sexual assault. Kasodie West, managing partner of AVA Law Group, who represents clients who have experienced abuse at similar facilities, argued that while Alan’s Law is a step in the right direction, it will not address the full scope of the problem.

“Abuse in group homes is a nationwide issue,” West said. “It’s not just about the individuals who commit these acts; it’s about the management and the facilities that allow it to happen. We need accountability at every level.”

West also pointed out that the bill may only solve part of the problem, but that addressing the root causes of abuse would require systemic change.

“Ultimately, what will solve this issue is a fundamental shift in how we care for vulnerable people in this country,” said Calton. “We need to create a culture where people genuinely care for one another, and that starts with stronger policies and greater oversight.”

As Alan’s Law moves forward, it has the potential to make a significant impact on how caregivers are vetted and held accountable. While many agree it is an important first step, advocates continue to call for further reforms to ensure that people in care facilities are protected and treated with the dignity they deserve.

Written by Denise Malone

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