The bill revises the laws governing the civil commitment and emergency detention of mentally ill individuals in Montana, introducing specific conditions for transporting or transferring individuals to the Montana State Hospital. Key provisions include the requirement for bed availability, hospital capacity, and necessary medical information before admission. The bill clarifies that refusal or inability to admit a person under certain circumstances does not constitute contempt of court. It also broadens the definition of "community facility" to include various treatment options and stipulates that a court cannot commit a respondent to a private mental health facility without the facility's consent.
Additionally, the legislation mandates that courts provide detailed findings regarding a respondent's mental health status and treatment alternatives considered before ordering commitment. It emphasizes the importance of the least restrictive treatment options and outlines conditions for emergency detention, ensuring that individuals cannot be placed in the Montana State Hospital without confirmed bed availability. The bill also establishes that the hospital will only accept transfers after all necessary documentation is received, and it addresses the superseding of unfunded mandate laws while protecting rights and duties that existed prior to the bill's effective date.
Statutes affected: LC Text: 3-1-501, 3-10-402, 3-11-303, 53-21-102, 53-21-127, 53-21-129, 53-21-181, 53-21-193