House Bill No. [insert bill number] seeks to revise voting laws and legal definitions related to individuals deemed to be of unsound mind, particularly in the context of mental health and legal confinement. The bill introduces new definitions for "penal institution" and "unsound mind," while also updating the definition of "mental health facility." It amends several sections of the Montana Code Annotated (MCA), including 13-1-101, 46-14-312, 53-21-102, 53-21-127, 53-21-181, and 53-21-197, to ensure clarity and consistency in the legal framework surrounding voting rights for individuals with mental health issues. Notably, the bill requires courts to determine if a defendant is of unsound mind and specifies that individuals released from the Department of Public Health and Human Services are no longer considered to be of unsound mind.

Additionally, the bill revises the process for sentencing individuals with mental disorders, emphasizing the need for the court to consider the least restrictive alternatives for treatment. It removes outdated provisions regarding posttrial disposition and establishes criteria for discharging respondents found not to have a mental disorder or who meet specific commitment criteria. The bill mandates that a posttrial disposition hearing occurs within five days for those requiring commitment, allowing for further evaluation and treatment. It also introduces provisions for the discharge of patients and the conditions under which they may be considered of unsound mind, ensuring that individuals' rights are respected while enhancing the treatment process within the judicial system.

Statutes affected:
LC Text: 13-1-101, 46-14-312, 53-21-102, 53-21-127, 53-21-181, 53-21-197
HB0395_1(1): 13-1-101, 46-14-312, 53-21-102, 53-21-127, 53-21-181, 53-21-197
HB0395_1(2): 13-1-101, 46-14-312, 53-21-102, 53-21-127, 53-21-181, 53-21-197
HB0395_1(3): 13-1-101, 46-14-312, 53-21-102, 53-21-127, 53-21-181, 53-21-197
HB0395_1(4): 13-1-101, 46-14-312, 53-21-102, 53-21-127, 53-21-181, 53-21-197
HB0395_1(5): 13-1-101, 46-14-312, 53-21-102, 53-21-127, 53-21-181, 53-21-197
HB0395_1: 13-1-101, 46-14-312, 53-21-102, 53-21-127, 53-21-181, 53-21-197