Generally revise laws related to determination and restoration of fitness in criminal proceedings

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AN ACT GENERALLY REVISING LAWS RELATED TO DETERMINATION AND RESTORATION OF FITNESS
IN CRIMINAL PROCEEDINGS; REVISING WHAT ACTS OR OMISSIONS MAY BE CONTEMPT; PROVIDING
COMMITMENT PROCEDURES FOR EXAMINATION; PROVIDING PROCEDURES FOR THE INVOLUNTARY
ADMINISTRATION OF MEDICATION; REVISING PROVISIONS FOR PAYMENT OF COMMITMENT
EXPENSES; PROVIDING RULEMAKING AUTHORITY; AMENDING SECTIONS 3-1-501, 3-5-901, 3-10-402,
3-11-303, 46-14-202, 46-14-206, AND 46-14-221, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE
DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 3-1-501, MCA, is amended to read:
"3-1-501. What acts or omissions are contempts -- civil and criminal contempt. (1) The following
acts or omissions in respect to a court of justice or proceedings in a court of justice are contempts of the
authority of the court:
(a) disorderly, contemptuous, or insolent behavior toward the judge while holding the court tending
to interrupt the due course of a trial or other judicial proceeding;
(b) a breach of the peace, boisterous conduct, or violent disturbance tending to interrupt the due
course of a trial or other judicial proceeding;
(c) misbehavior in office or other willful neglect or violation of duty by an attorney, counsel, clerk,
sheriff, coroner, or other person appointed or elected to perform a judicial or ministerial service;
(d) deceit or abuse of the process or proceedings of the court by a party to an action or special
proceeding;
(e) disobedience of any lawful judgment, order, or process of the court;
(f) assuming to be an officer, attorney, or counsel of a court and acting as that individual without
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authority;
(g) rescuing any person or property in the custody of an officer by virtue of an order or process of
the court;
(h) unlawfully detaining a witness or party to an action while going to, remaining at, or returning
from the court where the action is on the calendar for trial;
(i) any other unlawful interference with the process or proceedings of a court;
(j) disobedience of a subpoena duly served or refusing to be sworn or answer as a witness;
(k) when summoned as a juror in a court, neglecting to attend or serve as a juror or improperly
conversing with a party to an action to be tried at the court or with any other person in relation to the merits of
the action or receiving a communication from a party or other person in respect to it without immediately
disclosing the communication to the court;
(l) disobedience by a lower tribunal, magistrate, or officer of the lawful judgment, order, or process
of a superior court or proceeding in an action or special proceeding contrary to law after the action or special
proceeding is removed from the jurisdiction of the lower tribunal, magistrate, or officer.
(2) Disobedience of the lawful orders or process of a judicial officer is also a contempt of the
authority of the officer.
(3) Refusal or inability to admit a defendant, respondent, patient, or person who has been ordered
to be committed, transferred, transported, or sentenced to or directed to be detained at the Montana state
hospital or the custody of the director of the department of public health and human services related to a civil or
criminal proceeding is not contempt if:
(a) a bed is not available for the defendant, respondent, patient, or person;
(b) admission of the defendant, respondent, patient, or person will cause the census at the hospital
to exceed its licensed capacity; or
(c) the information and records requested by the department or hospital are not received,
including:
(i) physical and psychiatric health information sufficient to:
(A) evaluate the immediate treatment needs and appropriate placement of the defendant,
respondent, patient, or person, including the availability of less restrictive medically appropriate facilities; and
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(B) coordinate care with the professional person, county attorney, court, or the person or entity
transporting the respondent during the admission process;
(ii) documentation of legal authority to admit the respondent or patient; and
(iii) other information and records as required by administrative rule.
(3)(4) A contempt may be either civil or criminal. A contempt is civil if the sanction imposed seeks to
force the contemnor's compliance with a court order. A contempt is criminal if the court's purpose in imposing
the penalty is to punish the contemnor for a specific act and to vindicate the authority of the court. If the penalty
imposed is incarceration, a fine, or both, the contempt is civil if the contemnor can end the incarceration or
avoid the fine by complying with a court order and is criminal if the contemnor cannot end the incarceration or
avoid the fine by complying with a court order. If the court's purpose in imposing the sanction is to attempt to
compel the contemnor's performance of an act, the court shall impose the sanction under 3-1-520 and may not
impose a sanction under 45-7-309.
(4)(5) A person may be found guilty of and penalized for criminal contempt by proof beyond a
reasonable doubt. The procedures provided in Title 46 apply to criminal contempt prosecutions, except those
under 3-1-511."
Section 2. Section 3-5-901, MCA, is amended to read:
"3-5-901. State assumption of district court expenses. (1) There is a state-funded district court
program under the judicial branch. Under this program, the office of court administrator shall fund all district
court costs, except as provided in subsection (3). These costs include but are not limited to the following:
(a) salaries and benefits for:
(i) district court judges;
(ii) law clerks;
(iii) court reporters, as provided in 3-5-601;
(iv) juvenile probation officers, youth division offices staff, and assessment officers of the youth
court;
(v) standing masters; and
(vi) other employees of the district court;
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(b) in criminal cases:
(i) fees for transcripts of proceedings, as provided in 3-5-604;
(ii) witness fees and necessary expenses, as provided in 46-15-116;
(iii) juror fees and necessary expenses;
(iv) for a psychiatric examination under 46-14-202, the cost of the examination and other
associated expenses, as provided in 46-14-202(4) 46-14-202(5); and
(v) for commitment under 46-14-221, the cost of transporting the defendant to the custody of the
director of the department of public health and human services to be placed in an appropriate facility of the
department of public health and human services and of transporting the defendant back for any proceedings, as
costs provided in 46-14-221(5) 46-14-221(5);
(c) except as provided in 47-1-119, the district court expenses in all postconviction proceedings
held pursuant to Title 46, chapter 21, and in all habeas corpus proceedings held pursuant to Title 46, chapter
22, and appeals from those proceedings;
(d) except as provided in 47-1-119, the following expenses incurred by the state in federal habeas
corpus cases that challenge the validity of a conviction or of a sentence:
(i) transcript fees;
(ii) witness fees; and
(iii) expenses for psychiatric examinations;
(e) except as provided in 47-1-119, the following expenses incurred by the state in a proceeding
held pursuant to Title 41, chapter 3, part 4 or 6, that seeks temporary investigative authority of a youth,
temporary legal custody of a youth, or termination of the parent-child legal relationship and permanent custody:
(i) transcript fees;
(ii) witness fees;
(iii) expenses for medical and psychological evaluation of a youth or the youth's parent, guardian,
or other person having physical or legal custody of the youth except for expenses for services that a person is
eligible to receive under a public program that provides medical or psychological evaluation;
(iv) expenses associated with appointment of a guardian ad litem or child advocate for the youth;
and
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(v) expenses associated with court-ordered alternative dispute resolution;
(f) except as provided in 47-1-119, costs of juror and witness fees and witness expenses before a
grand jury;
(g) costs of the court-sanctioned educational program concerning the effects of dissolution of
marriage on children, as required in 40-4-226, and expenses of education when ordered for the investigation
and preparation of a report concerning parenting arrangements, as provided in 40-4-215(2)(a);
(h) except as provided in 47-1-119, all district court expenses associated with civil jury trials if
similar expenses were paid out of the district court fund or the county general fund in any previous year;
(i) all other costs associated with the operation and maintenance of the district court, including
contract costs for court reporters who are independent contractors; and
(j) costs associated with the operation and maintenance of the youth court and youth court
division operations pursuant to 41-5-111 and subsection (1)(a) of this section, except for those costs paid by
other entities identified in Title 41, chapter 5.
(2) If a cost is not paid directly by the office of court administrator, the county shall pay the cost
and the office of court administrator shall reimburse the county within 30 days of receipt of a claim.
(3) For the purposes of subsection (1), district court costs paid by the office of court administrator
do not include:
(a) costs for clerks of district court and employees and expenses of the offices of the clerks of
district court;
(b) costs of providing and maintaining district court office space; or
(c) charges incurred against a county by virtue of any provision of Title 7 or 46."
Section 3. Section 3-10-402, MCA, is amended to read:
"3-10-402. Proceedings. When a contempt is committed, whether or not it is in the immediate view
and presence of the justice, the procedures contained in 3-1-501(3) 3-1-501(4) and (4) (5), 3-1-511 through 3-
1-518, and 3-1-520 through 3-1-523 apply."
Section 4. Section 3-11-303, MCA, is amended to read:
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"3-11-303. Contempts city judge may punish for -- procedure. (1) A city judge may punish for
contempt persons guilty of only the following acts:
(a) disorderly, contemptuous, or insolent behavior toward the judge while holding the court tending
to interrupt the due course of a trial or other judicial proceeding;
(b) a breach of the peace, boisterous conduct, or violent disturbance in the presence of the judge
or in the immediate vicinity of the court held by the judge tending to interrupt the due course of a trial or other
judicial proceeding;
(c) disobedience or resistance to the execution of a lawful order or process made or issued by the
judge;
(d) disobedience to a subpoena served or refusal to be sworn or to answer as a witness;
(e) rescuing any person or property in the custody of an officer by virtue of an order or process of
the court.
(2) The procedures contained in 3-1-501(3) 3-1-501(4) and (4) (5), 3-1-511 through 3-1-518, and
3-1-520 through 3-1-523 apply."
Section 5. Section 46-14-202, MCA, is amended to read:
"46-14-202. Examination of defendant -- commitment procedures for examination of fitness --
expenses. (1) If the defendant or the defendant's counsel files a written motion requesting an examination or if
the issue of the a defendant's fitness to proceed is raised by the court, the prosecution, or the defendant, or if
defense counsel files a written motion requesting an examination of the defendant, the court shall appoint at
least one qualified psychiatrist, licensed clinical psychologist, or advanced practice registered nurse or shall
request the superintendent of the Montana state hospital to designate at least one qualified psychiatrist,
licensed clinical psychologist, or advanced practice registered nurse, who may be or include the
superintendent, to examine and report upon the defendant's mental condition.
(2) (a) The Except as provided in subsection (6), a court may order the defendant to be committed
to a hospital or, other another suitable facility, or the Montana state hospital for the purpose of the examination
for a period not exceeding 60 days or a longer period that the court determines to be necessary for the purpose
and may direct that a qualified psychiatrist, licensed clinical psychologist, or advanced practice registered nurse
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retained by the defendant be permitted to witness and participate in the examination.
(b) On commitment to the Montana state hospital, the superintendent of the hospital shall
designate at least one qualified psychiatrist, licensed clinical psychologist, or advanced practice registered
nurse, who may be or may include the superintendent, to report on the defendant's mental condition.
(3) Except as provided in 46-14-206(2), a court ordering an examination of a defendant under this
section may not require that a report of examination include:
(a) an opinion as to the capacity of the defendant to have a particular state of mind that is an
element of the offense charged; or
(b) an opinion as to the capacity of the defendant, because of a mental disease or disorder or
development disability, to appreciate the criminality of the defendant's behavior or to conform the defendant's
behavior to the requirement of the law.
(3)(4) In the examination, any method may be employed that is accepted by the medical or
psychological profession for the examination of those alleged to be suffering from mental disease or disorder.
(4) (a) The costs incurred for an examination ordered under subsection (2) must be paid as
follows:
(i) if the issue of the defendant's fitness to proceed was raised by the court or the examination
was requested by the prosecution, the cost of the examination and other associated expenses must be paid by
the court or, in district court proceedings, by the office of court administrator, except as provided in subsection
(4)(a)(iv);
(ii) if the examination was requested by the defendant or the defendant's counsel, the cost of the
examination and other associated expenses must be paid by the defendant or, if the defendant was
represented by an attorney pursuant to the Montana Public Defender Act, Title 47, chapter 1, by the office of
state public defender, except as provided by subsection (4)(a)(iv);
(iii) if the examination was jointly requested by the prosecution and defense counsel or the need
for the examination was jointly agreed to by the prosecution and defense, the cost of the examination and other
associated expenses must be divided and paid equally by the court or, in district court proceedings, by the
office of court administrator, and the defendant or, if the defendant was represented by an attorney assigned
pursuant to the Montana Public Defender Act, Title 47, chapter 1, by the office of state public defender, except
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as provided in subsection (4)(a)(iv);
(iv) any costs for an examination performed by an employee of the department of public health and
human services, any other associated expenses at a facility of the department of public health and human
services, and any other associated expenses for which the legislature has made a general fund appropriation to
the department of public health and human services may not be charged to the office of court administrator or
the office of state public defender.
(b) For purposes of this subsection (4), "other associated expenses" means the following costs
incurred in association with the commitment to a hospital or other suitable facility for the purpose of
examination, regardless of whether the examination is done at the Montana state hospital or any other facility:
(i) the expenses of transporting the defendant from the place of detention to the place where the
examination is performed and returning the defendant to detention, including personnel costs of the law
enforcement agency by whom the defendant is detained;
(ii) housing expenses of the facility where the examination is performed; and
(iii) medical costs, including medical and dental care, including costs of medication.
(5) (a) The costs incurred for an examination ordered under subsection (2) must be paid as
follows:
(i) if the issue of the defendant's fitness to proceed was raised by the court or the examination
was requested by the prosecution, the cost of the examination and other associated expenses must be paid by
the court or, in district court proceedings, by the office of court administrator, except as provided in subsection
(5)(a)(iv);
(ii) if the examination was requested by the defendant or the defendant's counsel, the cost of the
examination and other associated expenses must be paid by the defendant or, if the defendant was
represented by an attorney pursuant to the Montana Public Defender Act, Title 47, chapter 1, by the office of
state public defender, except as provided by subsection (5)(a)(iv);
(iii) if the examination was jointly requested by the prosecution and defense counsel or the need
for the examination was jointly agreed to by the prosecution and defense, the cost of the examination and other
associated expenses must be divided and paid equally by the court or, in district court proceedings, by the
office of court administrator, and the defendant or, if the defendant was represented by an attorney assigned
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pursuant to the Montana Public Defender Act, Title 47, chapter 1, by the office of state public defender, except
as provided in subsection (5)(a)(iv);
(iv) any costs for an examination performed by an employee of the department of public health and
human services, any other associated expenses at a facility of the department of public health and human
services, and any other associated expenses for which the legislature has made a general fund appropriation to
the department of public health and human services may not be charged to the office of court administrator or
the office of state public defender.
(b) For purposes of this subsection (5), "other associated expenses" means the following costs
incurred in association with the commitment to a hospital or other suitable facility for the purpose of
examination, regardless of whether the examination is done at the Montana state hospital or any other facility:
(i) the expenses of transporting the defendant from the place of detention to the place where the
examination is performed and returning the defendant to detention, including personnel costs of the law
enforcement agency by whom the defendant is detained;
(ii) housing expenses of the facility where the examination is performed; and
(iii) medical costs, including medical and dental care, including costs of medication.
(6) A court may not order the superintendent of the Montana state hospital to designate a qualified
psychiatrist, licensed clinical psychologist, or advanced practice registered nurse to examine or report on the
defendant's mental condition unless there is no person located within the county of venue of the committing
court who is willing, able, or available to perform an examination."
Section 6. Section 46-14-206, MCA, is amended to read:
"46-14-206. Report of examination. (1) A report of the examination ordered under 46-14-202 must
include the following:
(a) a description of the nature of the examination;
(b) a diagnosis of the mental condition of the defendant, including an opinion as to whether the
defendant suffers from a mental disorder, as defined in 53-21-102, and may require commitment or is seriously
developmentally disabled, as defined in 53-20-102; and
(c) if the defendant suffers from a mental disease or disorder or developmental disability, an
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opinion as to the defendant's capacity to understand the proceedings against the defendant and to assist in the
defendant's own defense;
(d) when directed by the court, an opinion as to the capacity of the defendant to have a particular
state of mind that is an element of the offense charged; and
(e) when directed by the court, an opinion as to the capacity of the defendant, because of a mental
disease or disorder or developmental disability, to appreciate the criminality of the defendant's behavior or to
conform the defendant's behavior to the requirement of the law.
(2) A court may direct that a report of examination include:
(a) an opinion as to the capacity of the defendant to have a particular state of mind that is an
element of the offense charged; and
(b) an opinion as to the capacity of the defendant, because of a mental disease or disorder or
developmental disability, to appreciate the criminality of the defendant's behavior or to conform the defendant's
behavior to the requirement of law, when:
(i) the parties, having received an opinion that a defendant lacks fitness to proceed, stipulate to
the defendant's lack of fitness;
(ii) necessary for psychiatric or psychological testimony at trial;
(iii) a defendant raises a defense of mental disease or disorder or developmental disability under
the circumstances described in 46-14-311(1); or
(iv) necessary for consideration of mental disease or disorder or developmental disability at
sentencing.
(2)(3) If the examination cannot be conducted by reason of the unwillingness of the defendant to
participate in the examination, the report must state that fact and must include, if possible, an opinion as to
whether the unwillingness of the defendant was the result of the mental disease or disorder or developmental
disability."
Section 7. Section 46-14-221, MCA, is amended to read:
"46-14-221. Determination of fitness to proceed -- effect of procedure on finding of unfitness --
expenses -- involuntary treatment -- rulemaking authority. (1) (a)The When the issue of the defendant's
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fitness to proceed may be raised by the court, by the defendant or the defendant's counsel, or by the
prosecutor. When the issue is raised, and an examination of the defendant has been completed under 46-14-
202, it the defendant's fitness must be determined by the court.
(b) If neither the prosecutor nor the defendant's counsel contests the finding of the report filed
under 46-14-206, the court may make the determination on the basis of the report.
(c) If the finding is contested, the court shall hold a hearing on the issue. If the report is received in
evidence upon the hearing, the parties have the right to subpoena and cross-examine the psychiatrists or
licensed clinical psychologists who joined in the report and to offer evidence upon the issue.
(d) Except as provided in 46-14-206(2), in determining whether a defendant lacks fitness to
proceed, the court shall restrict its analysis of the issues to:
(i) whether the defendant suffers from a mental disorder, as defined in 53-21-102, or is seriously
developmentally disabled, as defined in 53-20-102;
(ii) whether the defendant may require commitment; and
(iii) if the defendant suffers from a mental disease or disorder or developmental disability, whether
the defendant has the capacity to understand the proceedings against the defendant and to assist in the
defendant's own defense.
(2) (a) If the court determines that the defendant lacks fitness to proceed, the proceeding against
the defendant must be suspended, except as provided in subsection (4) (4), and the court shall commit the
defendant to the custody of the director of the department of public health and human services to be placed in
an appropriate mental health facility, as defined in 53-21-102, or residential facility, as defined in 53-20-102, or
to the custody of the director of the department of public health and human services for so long as the unfitness
endures or until disposition of the defendant is made pursuant to this section, whichever occurs first.
(b) The court may not commit the defendant to a private mental health facility or hospital without
the express consent of the facility or hospital.
(b) The facility shall develop an individualized treatment plan to assist the defendant to gain fitness
to proceed. The treatment plan may include a physician's prescription of reasonable and appropriate
medication that is consistent with accepted medical standards. If the defendant refuses to comply with the
treatment plan, the facility may petition the court for an order requiring compliance. The defendant has a right to
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a hearing on the petition. The court shall enter into the record a detailed statement of the facts upon which an
order is made, and if compliance with the individualized treatment plan is ordered, the court shall also enter into
the record specific findings that the state has proved an overriding justification for the order and that the
treatment being ordered is medically appropriate.
(3)(3) (a) The committing court shall, after receiving notice from the department of public health and
human services to the court, the defendant or the defendant's counsel, and county attorney that a defendant
committed to the Montana state hospital for a fitness evaluation under 46-14-202 or restoration to fitness under
46-14-221 has been determined to be fit or restored to fitness, order the defendant to be returned to the
committing county and set the matter for trial. The committing court shall also, for any incarcerated defendant,
within 90 days of ordering commitment, review the defendant's fitness to proceedstatus related to a
commitment ordered under subsection (2). If the court finds that the defendant has not been admitted to an
appropriate mental health facility, residential facility, or to the custody of the director of the department of public
health and human services under subsection (2) and is still unfit to proceed and that it does not appear that the
defendant will become fit to proceed within the reasonably foreseeable future, because the defendant has a
mental disorder or mental illness, the court shall assess whether the proceeding against the defendant must be
dismissed, except as provided in subsection (4) or whether alternatives to incarceration, if applicable, or to
commitment are appropriate under the circumstances, including whether the involuntary administration of
medication is necessary.
(b) If the court determines that the defendant lacks fitness to proceed because the defendant has
a mental disorder, the proceeding against the defendant must be dismissed and the prosecutor shall petition
the court in the manner provided in Title 53, chapter 21, to determine the disposition of the defendant pursuant
to those provisions.
(b) (i) If, on review of the defendant’s custodial status related to any commitment ordered pursuant
to subsection (2), it is determined that an incarcerated defendant requires treatment, including administration of
medication, the county attorney may petition the court for an order requiring compliance with treatment,
including involuntary administration of medication.
(ii) The defendant has a right to a hearing on the petition. The judge shall appoint a professional
person and set a date and hold the hearing on the petition without undue delay. The court shall enter into the
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record a detailed statement of the facts upon which an order is made, and if involuntary administration of
medication or other treatment is ordered, the court shall also enter into the record the specific findings that the
state has proved an overriding justification for the order and that the treatment being ordered is medically
appropriate. The court may authorize the chief medical officer of a facility or a physician, or the chief medical
officer of the department of public health and human services or a physician or advanced practice registered
nurse who is under the supervision of or employed by the department of public health and human services, to
be designated by the court to administer appropriate medication involuntarily. The department may contract
with qualified providers to facilitate treatment within an incarcerative or custodial setting.
(c) (i) On admission to an appropriate mental health facility, residential facility, or to the custody of
the director of the department of public health and human services under subsection (2), the facility shall
evaluate the defendant and develop an individualized treatment plan to assist the defendant to gain or regain
fitness to proceed. The treatment plan may include a physician's prescription of reasonable and appropriate
medication that is consistent with accepted medical standards.
(ii) If the defendant refuses to comply with the treatment plan, the facility may involuntarily
administer medications to treat a defendant pursuant to the determination of the facility’s treatment review
committee and involuntary medication review board, if the following criteria are met:
(A) the defendant suffers from a mental illness or mental disorder;
(B) the defendant has been determined to lack fitness to proceed;
(C) the involuntary administration of medication is in the best medical interests of the defendant;
(D) the defendant is either gravely disabled or poses a likelihood of serious harm to self or others;
(E) the facility has established a treatment review committee and an involuntary medication review
board for the involuntary administration of psychotropic medications; and
(F) the policies and procedures relating to the involuntary medication review board require
provision to the defendant of a notice of rights and notice of an involuntary medication hearing, an involuntary
medication hearing, and an appeal process.
(d) The department of public health and human services shall adopt rules governing treatment
review and involuntary administration of medication by a mental health facility, as defined in 53-21-102, a
residential facility, as defined in 53-20-102, or the Montana state hospital.
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(e) After the initial review of the defendant’s custodial status under subsection (3)(a), the court
shall review the defendant’s custodial status every 30 days or at an interval the court determines appropriate
under the circumstances. If on subsequent review the defendant is still unfit, it does not appear that the
defendant will become fit within the reasonably foreseeable future, and that alternatives to forensic commitment
are not appropriate under the circumstances, the court shall order the proceeding against the defendant
dismissed without prejudice and the prosecutor may petition the court in the manner provided in Title 53,
chapter 21, to determine the disposition of the defendant pursuant to those provisions.
(c)(f) If the court determines that the defendant lacks fitness to proceed because the defendant has
a developmental disability as defined in 53-20-102, the proceeding against the defendant must be dismissed
and the prosecutor shall petition the court in the manner provided in Title 53, chapter 20, to determine the
disposition of the defendant pursuant to those provisions.
(4)(4) The fact that the defendant is unfit to proceed does not preclude any legal objection to the
prosecution that is susceptible to fair determination prior to trial and that is made without the personal
participation of the defendant.
(5) Except as provided in subsection (6), the expenses of transporting the defendant to the
custody of the director of the department of public health and human services to be placed in an appropriate
facility of the department of public health and human services, of the care, custody, and treatment of the
defendant at the facility, and of transporting the defendant back are payable by the court or, in district court
proceedings, by the office of court administrator.
(6) The cost of care, custody, and treatment at a facility for which the legislature has made a
general fund appropriation to the department of public health and human services may not be charged to the
office of court administrator.
(5) Except as provided in subsection (6), the expenses of transporting the defendant to the
custody of the director of the department of public health and human services to be placed in an appropriate
facility of the department of public health and human services, of the care, custody, and treatment of the
defendant at the facility, and of transporting the defendant back are payable by the court or, in district court
proceedings, by the office of court administrator.
(6) The cost of care, custody, and treatment at a facility for which the legislature has made a
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general fund appropriation to the department of public health and human services may not be charged to the
office of court administrator."
Section 8. Prioritization of admissions. The Montana state hospital shall prioritize admissions for
evaluations and treatment as follows:
(1) first priority shall be given to a pretrial defendant who has been ordered committed to be
evaluated and treated under 46-14-221;
(2) second priority shall be given to a pretrial defendant charged with a crime of violence, as
defined in 46-18-104, with an order of transport to the Montana state hospital; and
(3) as otherwise established by the department by administrative rule.
Section 9. Saving clause. [This act] does not affect rights and duties that matured, penalties that
were incurred, or proceedings that were begun before [the effective date of this act].
Section 10. Effective date. [This act] is effective on passage and approval.
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I hereby certify that the within bill,
SB 429, originated in the Senate.
___________________________________________
Secretary of the Senate
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
SENATE BILL NO. 429
INTRODUCED BY J. ESP
AN ACT GENERALLY REVISING LAWS RELATED TO DETERMINATION AND RESTORATION OF FITNESS
IN CRIMINAL PROCEEDINGS; REVISING WHAT ACTS OR OMISSIONS MAY BE CONTEMPT; PROVIDING
COMMITMENT PROCEDURES FOR EXAMINATION; PROVIDING PROCEDURES FOR THE INVOLUNTARY
ADMINISTRATION OF MEDICATION; REVISING PROVISIONS FOR PAYMENT OF COMMITMENT
EXPENSES; PROVIDING RULEMAKING AUTHORITY; AMENDING SECTIONS 3-1-501, 3-5-901, 3-10-402, 3-
11-303, 46-14-202, 46-14-206, AND 46-14-221, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.