The bill revises laws related to the determination and restoration of fitness in criminal proceedings, particularly focusing on contempt actions, commitment procedures for examinations, and the involuntary administration of medication. Key amendments clarify that refusal or inability to admit individuals for commitment to the Montana state hospital is not considered contempt under certain conditions, such as lack of available beds or necessary documentation. The bill also establishes procedures for examining defendants, requiring confirmation of bed availability and necessary medical information before transportation to the hospital.

Additionally, the bill amends the Montana Code Annotated to streamline the payment of commitment expenses, mandating that costs associated with examinations and treatment for defendants deemed unfit be covered by the office of the court administrator, regardless of the facility used. This replaces previous provisions that assigned payment responsibilities based on who requested the examination. The bill also clarifies the court's role in evaluating a defendant's fitness, introduces new requirements for confirming bed availability before transfers, and establishes protocols for involuntary medication administration, ensuring that defendants' rights are protected throughout the process. Notably, it removes a provision that previously prohibited charging the office of the court administrator for care and treatment costs at state-funded facilities.

Statutes affected:
LC Text: 3-1-501, 3-5-901, 3-10-402, 3-11-303, 46-14-202, 46-14-206, 46-14-221