House Bill No. [insert bill number] seeks to revise voting laws related to individuals classified as being of unsound mind. The bill introduces new definitions for "penal institution" and "unsound mind," while also updating the definition of "mental health facility." The term "penal institution" is now defined to encompass facilities for the mentally ill or mentally defective where individuals may be confined due to felony convictions, thereby clarifying the voting rights of those in such institutions. The bill also amends several sections of the Montana Code Annotated (MCA) to ensure consistency and clarity in voting laws, particularly concerning individuals with mental health issues.

In addition to the new definitions, the bill mandates that courts determine whether a defendant is of "unsound mind" as defined in section 53-21-102 and specifies that individuals released from the custody of the Department of Public Health and Human Services are no longer considered to be of unsound mind. The bill streamlines legal language regarding posttrial dispositions for individuals with mental disorders, removing specific procedural requirements for commitment hearings. It establishes that a respondent must be discharged if found not to have a mental disorder or if they meet certain criteria related to Alzheimer's disease, dementia, or traumatic brain injury. The bill emphasizes the importance of the least restrictive treatment options and the rights of patients throughout the commitment and discharge processes.

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: 13-1-101, 46-14-312, 53-21-102, 53-21-127, 53-21-181, 53-21-197