Read the full stored bill text
- 2025
69th Legislature 2025 SB 430
- 1 - Authorized Print Version – SB 430
ENROLLED BILL
AN ACT GENERALLY REVISING LAWS RELATED TO THE CIVIL COMMITMENT AND EMERGENCY
DETENTION OF MENTALLY ILL PERSONS; ESTABLISHING CONDITIONS THAT MUST BE MET BEFORE
TRANSPORTING OR TRANSFERRING A PERSON TO THE MONTANA STATE HOSPITAL; REVISING
WHAT ACTIONS OR OMISSIONS ARE CONTEMPT; SUPERSEDING THE UNFUNDED MANDATE LAWS;
AMENDING SECTIONS 3-1-501, 3-10-402, 3-11-303, 53-21-102, 53-21-126, 53-21-127, 53-21-129, 53-21-
181, AND 53-21-193, 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
authority;
- 2025
69th Legislature 2025 SB 430
- 2 - Authorized Print Version – SB 430
ENROLLED BILL
(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
(B) coordinate care with the professional person, county attorney, court, or the person or entity
- 2025
69th Legislature 2025 SB 430
- 3 - Authorized Print Version – SB 430
ENROLLED BILL
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 3-10-402, 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 3. Section 3-11-303, MCA, is amended to read:
"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;
- 2025
69th Legislature 2025 SB 430
- 4 - Authorized Print Version – SB 430
ENROLLED BILL
(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 4. Section 53-21-102, MCA, is amended to read:
"53-21-102. Definitions. As used in this chapter, the following definitions apply:
(1) "Abuse" means any willful, negligent, or reckless mental, physical, sexual, or verbal
mistreatment or maltreatment or misappropriation of personal property of any person receiving treatment in a
mental health facility that insults the psychosocial, physical, or sexual integrity of any person receiving
treatment in a mental health facility.
(2) "Behavioral health inpatient facility" means a facility or a distinct part of a facility of 16 beds or
less licensed by the department that is capable of providing secure, inpatient psychiatric services, including
services to persons with mental illness and co-occurring chemical dependency.
(3) "Board" or "mental disabilities board of visitors" means the mental disabilities board of visitors
created by 2-15-211.
(4) "Commitment" means an order by a court requiring an individual to receive treatment for a
mental disorder.
(5) "Community facility" means a facility that provides psychiatric or chemical dependency
evaluation, treatment, and short-term habilitation of persons with a mental illness or disorder in a community
setting and that provides any of the following:
(a) case management services;
(b) medication;
(c) stabilizing treatment;
(d) short-term inpatient treatment;
- 2025
69th Legislature 2025 SB 430
- 5 - Authorized Print Version – SB 430
ENROLLED BILL
(e) chemical dependency treatment; or
(f) assertive community treatment.
(5)(6) "Court" means any district court of the state of Montana.
(6)(7) "Department" means the department of public health and human services provided for in 2-15-
2201.
(7)(8) "Emergency situation" means:
(a) a situation in which any person is in imminent danger of death or bodily harm from the activity
of a person who appears to be suffering from a mental disorder and appears to require commitment appears:
(i) to be, due to a mental disorder and due to the person's conduct, in imminent danger of death or
harm to the person's self or another; and
(ii) to require commitment; or
(b) a situation in which any person who appears to be suffering from a mental disorder and
appears to require commitment is substantially unable to provide for the person's own basic needs of food,
clothing, shelter, health, or safety and:
(i) the situation presents a danger of death or bodily injury to the person's self or another; or
(ii) the situation reflects a consistent and pervasive history of being unable to provide for the
person's own basic needs of food, clothing, shelter, health, or safety; or
(c) a situation in which a person's criminal charges have been dismissed and the person must be
involuntarily committed due to having been found unfit to proceed and determined to be incapable of being
restored to fitness within the reasonably foreseeable future.
(8)(9) "Friend of respondent" means any person willing and able to assist a person suffering from a
mental disorder and requiring commitment or a person alleged to be suffering from a mental disorder and
requiring commitment in dealing with legal proceedings, including consultation with legal counsel and others.
(9)(10) (a) "Mental disorder" or "mental illness" means any organic, mental, or emotional impairment
that has substantial adverse effects on an individual's cognitive or volitional functions.
(b) The term does not include:
(i) addiction to drugs or alcohol;
(ii) drug or alcohol intoxication;
- 2025
69th Legislature 2025 SB 430
- 6 - Authorized Print Version – SB 430
ENROLLED BILL
(iii) intellectual disability; or
(iv) epilepsy.
(c) A mental disorder may co-occur with addiction or chemical dependency.
(10)(11)"Mental health facility" or "facility" means the state hospital, the Montana mental health nursing
care center, or a hospital, a behavioral health inpatient facility, a community facility, a category D assisted living
facility, a community program, an appropriate course of inpatient treatment, a mental health center, a residential
treatment facility, or a residential treatment center licensed or certified by the department that provides
treatment to children or adults with a mental disorder. A correctional institution or facility or jail is not a mental
health facility within the meaning of this part.
(11)(12)"Mental health professional" means:
(a) a certified professional person;
(b) a physician licensed under Title 37, chapter 3;
(c) a clinical professional counselor licensed under Title 37, chapter 39;
(d) a psychologist licensed under Title 37, chapter 17;
(e) a clinical social worker licensed under Title 37, chapter 39;
(f) an advanced practice registered nurse, as provided for in 37-8-202, with a clinical specialty in
psychiatric mental health nursing;
(g) a physician assistant licensed under Title 37, chapter 20, with a clinical specialty in psychiatric
mental health; or
(h) a marriage and family therapist licensed under Title 37, chapter 39.
(12)(13)(a) "Neglect" means failure to provide for the biological and psychosocial needs of any person
receiving treatment in a mental health facility, failure to report abuse, or failure to exercise supervisory
responsibilities to protect patients from abuse and neglect.
(b) The term includes but is not limited to:
(i) deprivation of food, shelter, appropriate clothing, nursing care, or other services;
(ii) failure to follow a prescribed plan of care and treatment; or
(iii) failure to respond to a person in an emergency situation by indifference, carelessness, or
intention.
- 2025
69th Legislature 2025 SB 430
- 7 - Authorized Print Version – SB 430
ENROLLED BILL
(13)(14)"Next of kin" includes but is not limited to the spouse, parents, adult children, and adult brothers
and sisters of a person.
(14)(15)"Patient" means a person civilly committed by the court for treatment for any period of time or
who is voluntarily admitted for treatment for any period of time.
(15)(16)"Peace officer" means any sheriff, deputy sheriff, marshal, police officer, or other peace officer.
(16)(17)"Professional person" means:
(a) a medical doctor;
(b) an advanced practice registered nurse, as provided for in 37-8-202, with a clinical specialty in
psychiatric mental health nursing;
(c) a licensed psychologist;
(d) a physician assistant licensed under Title 37, chapter 20, with a clinical specialty in psychiatric
mental health; or
(e) a person who has been certified, as provided for in 53-21-106, by the department.
(17)(18)"Reasonable medical certainty" means reasonable certainty as judged by the standards of a
professional person.
(18)(19)"Respondent" means a person alleged in a petition filed pursuant to this part to be suffering
from a mental disorder and requiring commitment.
(20) "Short term" means a period of not more than 6 months.
(19)(21)"State hospital" means the Montana state hospital."
Section 5. Section 53-21-126, MCA, is amended to read:
"53-21-126. (Temporary) Trial or hearing on petition. (1) The respondent must be present unless
the respondent's presence has been waived as provided in 53-21-119(2), and the respondent must be
represented by counsel at all stages of the trial. The trial must be limited to the determination of whether or not
the respondent is suffering from a mental disorder and requires commitment. At the trial, the court shall
consider all the facts relevant to the issues of whether the respondent is suffering from a mental disorder. If the
court determines that the respondent is suffering from a mental disorder, the court shall then determine whether
the respondent requires commitment. In determining whether the respondent requires commitment and the
- 2025
69th Legislature 2025 SB 430
- 8 - Authorized Print Version – SB 430
ENROLLED BILL
appropriate disposition under 53-21-127, the court shall consider the following:
(a) whether the respondent, because of a mental disorder, is substantially unable to provide for the
respondent's own basic needs of food, clothing, shelter, health, or safety;
(b) whether the respondent has recently, because of a mental disorder and through an act or an
omission, caused self-injury or injury to others;
(c) whether, because of a mental disorder, there is an imminent threat of injury to the respondent
or to others because of the respondent's acts or omissions; and
(d) whether the respondent's mental disorder, as demonstrated by the respondent's recent acts or
omissions, will, if untreated, predictably result in deterioration of the respondent's mental condition to the point
at which the respondent will become a danger to self or to others or will be unable to provide for the
respondent's own basic needs of food, clothing, shelter, health, or safety. Predictability may be established by
the respondent's relevant medical history.
(2) The standard of proof in a hearing held pursuant to this section is proof beyond a reasonable
doubt with respect to any physical facts or evidence and clear and convincing evidence as to all other matters.
However, the respondent's mental disorder must be proved to a reasonable medical certainty. Imminent threat
of self-inflicted injury or injury to others must be proved by overt acts or omissions, sufficiently recent in time as
to be material and relevant as to the respondent's present condition.
(3) The professional person appointed by the court must be present for the trial and subject to
cross-examination. The professional person's presence may be accomplished by the use of two-way electronic
audio-video communication. The trial is governed by the Montana Rules of Civil Procedure. However, if the
issues are tried by a jury, at least two-thirds of the jurors shall concur on a finding that the respondent is
suffering from a mental disorder and requires commitment. The written report of the professional person that
indicates the professional person's diagnosis may be attached to the petition, but any matter otherwise
inadmissible, such as hearsay matter, is not admissible merely because it is contained in the report. The court
may order the trial closed to the public for the protection of the respondent.
(4) The professional person may testify as to the ultimate issue of whether the respondent is
suffering from a mental disorder and requires commitment. This testimony is insufficient unless accompanied
by evidence from the professional person or others that:
- 2025
69th Legislature 2025 SB 430
- 9 - Authorized Print Version – SB 430
ENROLLED BILL
(a) the respondent, because of a mental disorder, is substantially unable to provide for the
respondent's own basic needs of food, clothing, shelter, health, or safety;
(b) the respondent has recently, because of a mental disorder and through an act or an omission,
caused self-injury or injury to others;
(c) because of a mental disorder, there is an imminent threat danger of injury to the respondent or
to others because of the respondent's acts or omissions; or
(d) (i) the respondent's mental disorder:
(A) has resulted in recent acts, omissions, or behaviors that create difficulty in protecting the
respondent's life or health;
(B) is treatable, with a reasonable prospect of success;
(C) has resulted in the respondent's refusing or being unable to consent to voluntary admission for
treatment; and
(ii) will, if untreated, predictably result in deterioration of the respondent's mental condition to the
point at which the respondent will become a danger to self or to others or will be unable to provide for the
respondent's own basic needs of food, clothing, shelter, health, or safety. Predictability may be established by
the respondent's relevant medical history; or
(e) whether an emergency situation as defined in 53-21-102 exists.
(5) The court, upon the showing of good cause and when it is in the best interests of the
respondent, may order a change of venue.
(6) An individual with a primary diagnosis of a mental disorder who also has a co-occurring
diagnosis of chemical dependency may satisfy criteria for commitment under this part.
53-21-126. (Effective July 1, 2025) Trial or hearing on petition. (1) The respondent must be
present unless the respondent's presence has been waived as provided in 53-21-119(2), and the respondent
must be represented by counsel at all stages of the trial. The trial must be limited to the determination of
whether or not the respondent is suffering from a mental disorder and requires commitment. At the trial, the
court shall consider all the facts relevant to the issues of whether the respondent is suffering from a mental
disorder. If the court determines that the respondent is suffering from a mental disorder, the court shall then
determine whether the respondent requires commitment. In determining whether the respondent requires
- 2025
69th Legislature 2025 SB 430
- 10 - Authorized Print Version – SB 430
ENROLLED BILL
commitment and the appropriate disposition under 53-21-127, the court shall consider the following:
(a) whether the respondent, because of a mental disorder, is substantially unable to provide for the
respondent's own basic needs of food, clothing, shelter, health, or safety;
(b) whether the respondent has recently, because of a mental disorder and through an act or an
omission, caused self-injury or injury to others;
(c) whether, because of a mental disorder, there is an imminent threat danger of injury to the
respondent or to others because of the respondent's acts or omissions; and
(d) (i) whether the respondent's mental disorder, as demonstrated by the respondent's recent acts
or omissions, will, if untreated, predictably result in deterioration of the respondent's mental condition to the
point at which the respondent will:
(A) become a danger to self or to others; or
(B) be unable to provide for the respondent's own basic needs of food, clothing, shelter, health, or
safety.
(ii) Predictability may be established by the respondent's relevant medical history; and
(e) whether an emergency situation as defined in 53-21-102 exists.
(2) The standard of proof in a hearing held pursuant to this section is proof beyond a reasonable
doubt with respect to any physical facts or evidence and clear and convincing evidence as to all other matters.
However, the respondent's mental disorder must be proved to a reasonable medical certainty. Imminent threat
of self-inflicted injury or injury to others must be proved by overt acts or omissions, sufficiently recent in time as
to be material and relevant as to the respondent's present condition.
(3) The professional person appointed by the court must be present for the trial and subject to
cross-examination. The professional person's presence may be accomplished by the use of two-way electronic
audio-video communication. The trial is governed by the Montana Rules of Civil Procedure. However, if the
issues are tried by a jury, at least two-thirds of the jurors shall concur on a finding that the respondent is
suffering from a mental disorder and requires commitment. The written report of the professional person that
indicates the professional person's diagnosis may be attached to the petition, but any matter otherwise
inadmissible, such as hearsay matter, is not admissible merely because it is contained in the report. The court
may order the trial closed to the public for the protection of the respondent.
- 2025
69th Legislature 2025 SB 430
- 11 - Authorized Print Version – SB 430
ENROLLED BILL
(4) The professional person may testify as to the ultimate issue of whether the respondent is
suffering from a mental disorder and requires commitment. This testimony is insufficient unless accompanied
by evidence from the professional person or others that:
(a) the respondent, because of a mental disorder, is substantially unable to provide for the
respondent's own basic needs of food, clothing, shelter, health, or safety;
(b) the respondent has recently, because of a mental disorder and through an act or an omission,
caused self-injury or injury to others;
(c) because of a mental disorder, there is an imminent threat danger of injury to the respondent or
to others because of the respondent's acts or omissions; or
(d) (i) the respondent's mental disorder:
(A) has resulted in recent acts, omissions, or behaviors that create difficulty in protecting the
respondent's life or health;
(B) is treatable, with a reasonable prospect of success;
(C) has resulted in the respondent's refusing or being unable to consent to voluntary admission for
treatment; and
(ii) will, if untreated, predictably result in deterioration of the respondent's mental condition to the
point at which the respondent will become a danger to self or to others or will be unable to provide for the
respondent's own basic needs of food, clothing, shelter, health, or safety. Predictability may be established by
the respondent's relevant medical history; or
(e) whether an emergency situation as defined in 53-21-102 exists.
(5) The court, upon the showing of good cause and when it is in the best interests of the
respondent, may order a change of venue.
(6) An individual with a primary diagnosis of a mental disorder who also has a co-occurring
diagnosis of chemical dependency may satisfy criteria for commitment under this part.
(7) An individual with a primary diagnosis of Alzheimer's disease, other forms of dementia, or
traumatic brain injury may be committed under this part only if the person meets the criteria outlined in
subsection (1)(b), (1)(c), or (1)(d)(i)(A)."
- 2025
69th Legislature 2025 SB 430
- 12 - Authorized Print Version – SB 430
ENROLLED BILL
Section 6. Section 53-21-127, MCA, is amended to read:
"53-21-127. (Temporary) Posttrial disposition. (1) If, upon trial, it is determined that the respondent
is not suffering from a mental disorder or does not require commitment within the meaning of this part, the
respondent must be discharged and the petition dismissed.
(2) If it is determined that the respondent is suffering from a mental disorder and requires
commitment within the meaning of this part, the court shall hold a posttrial disposition hearing. The disposition
hearing must be held within 5 days (including Saturdays, Sundays, and holidays unless the fifth day falls on a
Saturday, Sunday, or holiday), during which time the court may order further evaluation and treatment of the
respondent.
(3) (a) At the conclusion of the disposition hearing and pursuant to the provisions in subsection (7),
the court shall:
(a)(i) subject to the provisions of 53-21-193, commit the respondent to the state hospital or to a
behavioral health inpatient facility for a period of not more than 3 months;
(b)(ii) commit the respondent to a community facility, which may include a category D assisted living
facility, or a community program or to any appropriate course of treatment, which may include housing or
residential requirements or conditions as provided in 53-21-149, for a period of:
(i)(A) not more than 3 months; or
(ii)(B) not more than 6 months in order to provide the respondent with a less restrictive commitment in
the community rather than a more restrictive placement in the state hospital if a respondent has been
previously involuntarily committed for inpatient treatment in a mental health facility and the court determines
that the admission of evidence of the previous involuntary commitment is relevant to the criterion of
predictability, as provided in 53-21-126(1)(d), and outweighs the prejudicial effect of its admission, as provided
in 53-21-190; or
(c)(ii) commit the respondent to the Montana mental health nursing care center for a period of not
more than 3 months if the following conditions are met:
(i)(A) the respondent meets the admission criteria of the center as described in 53-21-411 and
established in administrative rules of the department; and
(ii)(B) the superintendent of the center has issued a written authorization specifying a date and time
- 2025
69th Legislature 2025 SB 430
- 13 - Authorized Print Version – SB 430
ENROLLED BILL
for admission.
(b) The court may not commit the respondent to a private mental health facility or hospital without
the express consent of the facility or hospital.
(4) Except as provided in subsection (3)(b)(ii) (3)(a)(ii)(A), a treatment ordered pursuant to this
section may not affect the respondent's custody or course of treatment for a period of more than 3 months.
(5) In determining which of the alternatives in subsection (3) to order, the court shall choose the
least restrictive alternatives necessary to protect the respondent and the public and to permit effective
treatment.
(6) The court may authorize the chief medical officer of a facility or a physician designated by the
court to administer appropriate medication involuntarily if the court finds that involuntary medication is
necessary to protect the respondent or the public or to facilitate effective treatment. Medication may not be
involuntarily administered to a patient unless the chief medical officer of the facility or a physician designated by
the court approves it prior to the beginning of the involuntary administration and unless, if possible, a
medication review committee reviews it prior to the beginning of the involuntary administration or, if prior review
is not possible, within 5 working days after the beginning of the involuntary administration. The medication
review committee must include at least one person who is not an employee of the facility or program. The
patient and the patient's attorney or advocate, if the patient has one, must receive adequate written notice of
the date, time, and place of the review and must be allowed to appear and give testimony and evidence. The
involuntary administration of medication must be again reviewed by the committee 14 days and 90 days after
the beginning of the involuntary administration if medication is still being involuntarily administered. The mental
disabilities board of visitors and the director of the department of public health and human services must be
fully informed of the matter within 5 working days after the beginning of the involuntary administration. The
director shall report to the governor on an annual basis.
(7) Satisfaction of any one of the criteria listed in 53-21-126(1) justifies commitment pursuant to
this chapter. However, if the court relies solely upon on any of the criterion criteria provided in 53-21-126(1)(d),
the court may require commitment only to a community facility, which may include a category D assisted living
facility, or a program or an appropriate course of treatment, as provided in subsection (3)(b) (3)(a)(ii), and may
not require commitment at the state hospital, a behavioral health inpatient facility, or the Montana mental health
- 2025
69th Legislature 2025 SB 430
- 14 - Authorized Print Version – SB 430
ENROLLED BILL
nursing care center.
(8) In ordering commitment pursuant to this section, the court shall attest that the court has not
relied solely on the criteria provided in 53-21-126(1)(d) and shall make the following findings of fact:
(a) a detailed statement of the facts upon which the court found the respondent to be suffering
from a mental disorder and requiring commitment;
(b) the alternatives for treatment that were considered;
(c) the alternatives available for treatment of the respondent;
(d) the reason that any treatment alternatives were determined to be unsuitable for the
respondent;
(e) the name of the facility, program, or individual to be responsible for the management and
supervision of the respondent's treatment;
(f) if the order includes a requirement for inpatient treatment, the reason inpatient treatment was
chosen from among other alternatives;
(g) if the order commits the respondent to the Montana mental health nursing care center, a finding
that the respondent meets the admission criteria of the center and that the superintendent of the center has
issued a written authorization specifying a date and time for admission;
(h) if the order provides for an evaluation to determine eligibility for entering a category D assisted
living facility, a finding that indicates whether:
(i) the respondent meets the admission criteria;
(ii) there is availability in a category D assisted living facility; and
(iii) a category D assisted living facility is the least restrictive environment because the respondent
is unlikely to benefit from involuntary commitment to facilities with more intensive treatment; and
(i) if the order includes involuntary medication, the reason involuntary medication was chosen
from among other alternatives.
(9) Any mental health evaluation report of a professional person who evaluated the respondent or
patient in connection with the commitment must be filed under seal at the time of the filing of the court's order
but must be made available to the mental health facility to which the respondent or patient is committed.
- 2025
69th Legislature 2025 SB 430
- 15 - Authorized Print Version – SB 430
ENROLLED BILL
53-21-127. (Effective July 1, 2025) Posttrial disposition. (1) A respondent must be discharged and
the petition dismissed if, upon trial, it is determined that the respondent:
(a) is not suffering from a mental disorder;
(b) does not require commitment within the meaning of this part; or
(c) is suffering from a mental disorder but the respondent's primary diagnosis is Alzheimer's
disease, other forms of dementia, or traumatic brain injury and the respondent meets only the commitment
criteria outlined in 53-21-126(1)(a) or (1)(d)(i)(B).
(2) If it is determined that the respondent is suffering from a mental disorder and requires
commitment within the meaning of this part, the court shall hold a posttrial disposition hearing. The disposition
hearing must be held within 5 days (including Saturdays, Sundays, and holidays unless the fifth day falls on a
Saturday, Sunday, or holiday), during which time the court may order further evaluation and treatment of the
respondent.
(3) (a) At the conclusion of the disposition hearing and pursuant to the provisions in subsection (7),
the court shall:
(a) (i) subject to the provisions of 53-21-193, commit the respondent to the state hospital or to a
behavioral health inpatient facility for a period of not more than 3 months;
(b)(ii) commit the respondent to a community facility, which may include a category D assisted living
facility, or a community program or to any appropriate course of treatment, which may include housing or
residential requirements or conditions as provided in 53-21-149, for a period of:
(i)(A) not more than 3 months; or
(ii)(B) not more than 6 months in order to provide the respondent with a less restrictive commitment in
the community rather than a more restrictive placement in the state hospital if a respondent has been
previously involuntarily committed for inpatient treatment in a mental health facility and the court determines
that the admission of evidence of the previous involuntary commitment is relevant to the criterion of
predictability, as provided in 53-21-126(1)(d), and outweighs the prejudicial effect of its admission, as provided
in 53-21-190; or
(c)(iii) commit the respondent to the Montana mental health nursing care center for a period of not
more than 3 months if the following conditions are met:
- 2025
69th Legislature 2025 SB 430
- 16 - Authorized Print Version – SB 430
ENROLLED BILL
(i)(A) the respondent meets the admission criteria of the center as described in 53-21-411 and
established in administrative rules of the department; and
(ii)(B) the superintendent of the center has issued a written authorization specifying a date and time
for admission.
(b) The court may not commit the respondent to a private mental health facility or hospital without
the express consent of the facility or hospital.
(4) Except as provided in subsection (3)(b)(ii) (3)(a)(ii), a treatment ordered pursuant to this section
may not affect the respondent's custody or course of treatment for a period of more than 3 months.
(5) In determining which of the alternatives in subsection (3) to order, the court shall choose the
least restrictive alternatives necessary to protect the respondent and the public and to permit effective
treatment.
(6) The court may authorize the chief medical officer of a facility or a physician designated by the
court to administer appropriate medication involuntarily if the court finds that involuntary medication is
necessary to protect the respondent or the public or to facilitate effective treatment. Medication may not be
involuntarily administered to a patient unless the chief medical officer of the facility or a physician designated by
the court approves it prior to the beginning of the involuntary administration and unless, if possible, a
medication review committee reviews it prior to the beginning of the involuntary administration or, if prior review
is not possible, within 5 working days after the beginning of the involuntary administration. The medication
review committee must include at least one person who is not an employee of the facility or program. The
patient and the patient's attorney or advocate, if the patient has one, must receive adequate written notice of
the date, time, and place of the review and must be allowed to appear and give testimony and evidence. The
involuntary administration of medication must be again reviewed by the committee 14 days and 90 days after
the beginning of the involuntary administration if medication is still being involuntarily administered. The mental
disabilities board of visitors and the director of the department of public health and human services must be
fully informed of the matter within 5 working days after the beginning of the involuntary administration. The
director shall report to the governor on an annual basis.
(7) Except as provided in 53-21-126(7), satisfaction of any one of the criteria listed in 53-21-126(1)
justifies commitment pursuant to this chapter. However, if the court relies solely on any of the criterion criteria
- 2025
69th Legislature 2025 SB 430
- 17 - Authorized Print Version – SB 430
ENROLLED BILL
provided in 53-21-126(1)(d), the court may require commitment only to a community facility, which may include
a category D assisted living facility, or a program or an appropriate course of treatment, as provided in
subsection (3)(b) (3)(a)(ii), and may not require commitment at the state hospital, a behavioral health inpatient
facility, or the Montana mental health nursing care center.
(8) In ordering commitment pursuant to this section, the court shall attest that the court has not
relied solely on the criteria provided in 53-21-126(1)(d) and shall make the following findings of fact:
(a) a detailed statement of the facts upon which the court found the respondent to be suffering
from a mental disorder and requiring commitment;
(b) the alternatives for treatment that were considered;
(c) the alternatives available for treatment of the respondent;
(d) the reason that any treatment alternatives were determined to be unsuitable for the
respondent;
(e) the name of the facility, program, or individual to be responsible for the management and
supervision of the respondent's treatment;
(f) if the order includes a requirement for inpatient treatment, the reason inpatient treatment was
chosen from among other alternatives;
(g) if the order commits the respondent to the Montana mental health nursing care center, a finding
that the respondent meets the admission criteria of the center and that the superintendent of the center has
issued a written authorization specifying a date and time for admission;
(h) if the order provides for an evaluation to determine eligibility for entering a category D assisted
living facility, a finding that indicates whether:
(i) the respondent meets the admission criteria;
(ii) there is availability in a category D assisted living facility; and
(iii) a category D assisted living facility is the least restrictive environment because the respondent
is unlikely to benefit from involuntary commitment to facilities with more intensive treatment; and
(i) if the order includes involuntary medication, the reason involuntary medication was chosen
from among other alternatives.
(9) Any mental health evaluation report of a professional person who evaluated the respondent or
- 2025
69th Legislature 2025 SB 430
- 18 - Authorized Print Version – SB 430
ENROLLED BILL
patient in connection with the commitment must be filed under seal at the time of the filing of the court's order
but must be made available to the mental health facility to which the respondent or patient is committed."
Section 7. Section 53-21-129, MCA, is amended to read:
"53-21-129. Emergency situation -- petition -- detention. (1) When an emergency situation as
defined in 53-21-102 exists, a peace officer may take any person who appears to have a mental disorder and to
present an imminent danger of death or bodily harm to the person or to others or who appears to have a mental
disorder and to be substantially unable to provide for the person's own basic needs of food, clothing, shelter,
health, or safety appears to require commitment into custody only for sufficient time to contact a professional
person for emergency evaluation. If possible, a professional person should be called prior to taking the person
into custody.
(2) If the professional person agrees that the person detained is a danger to the person or to
others and that in an emergency situation as defined in 53-21-102 exists, then the person may be detained and
treated for up to 72 hours, or until the next regular business day the person can be placed at a mental health
facility in accordance with subsection (4). At that time, the professional person shall release the detained
person or file findings with the county attorney. who, if If the county attorney determines probable cause to exist
to believe that an emergency situation exists, the county attorney shall file the petition provided for in 53-21-121
through 53-21-126 in the county of the respondent's residence. In either case, the professional person shall file
a report with the court explaining the professional person's actions.
(3) (a) The county attorney of a county may make arrangements with a federal, state, regional, or
private mental facility or with a mental health facility in a county for the detention of persons held pursuant to
this section. If an arrangement has been made with a facility that does not, at the time of the emergency, have
a bed available to detain the person at that facility, the person may be transported to the state hospital or to a
behavioral health inpatient facility any other mental health facility, subject to 53-21-193 and subsection (4)
subsections (4) and (5) of this section, for detention and treatment as provided in this part. This determination
must be made on an individual basis in each case, and the professional person at the local facility shall certify
in writing to the county attorney that the facility does not have adequate room at that time.
(b) A person may not be detained at a private mental health facility or hospital without the express
- 2025
69th Legislature 2025 SB 430
- 19 - Authorized Print Version – SB 430
ENROLLED BILL
consent of the facility or hospital.
(4)(4) (a) Before a person may be transferred to the state hospital or to a behavioral health inpatient
facility a mental health facility or the state hospital under this section, the state hospital or the behavioral health
inpatient facility mental health facility or the state hospital must be notified prior to transfer and shall state
whether a bed is available for the person and whether admission would cause the facility or the state hospital to
exceed its licensed capacity. If the professional person, determines the mental health facility, and the state
hospital agree that a behavioral health inpatient facility mental health facility or the state hospital is the
appropriate facility for the emergency detention, and that a bed is available, and that admission will not cause
the mental health facility or the state hospital to exceed its licensed capacity, the county attorney shall direct the
person to the appropriate facility to which the person must be transported for emergency detention.
(b) If the professional person, the mental health facility, and the state hospital agree that the state
hospital is the appropriate facility for the emergency detention, or if the person has been involuntarily committed
to the state hospital while detained at another mental health facility, and a bed is not available at the state
hospital or the person's admission would cause the state hospital to exceed its licensed capacity, the state
hospital shall provide the professional person and the mental health facility with a projected time when a bed
may become available for the person.
(5) A person may only be placed at the state hospital under this section as a placement of last
resort."
Section 8. Section 53-21-181, MCA, is amended to read:
"53-21-181. Discharge during or at end of initial commitment period -- patient's right to referral.
(1) (a) At any time within the period of commitment provided for in 53-21-127, the patient may be discharged on
the written order of the professional person in charge of the patient without further order of the court.
(b) If the patient is not discharged within the period of commitment and if the term is not extended
as provided for in 53-21-128, a patient whose commitment was to a facility other than a category D assisted
living facility must be discharged by the facility at the end of the period of commitment without further order of
the court.
- 2025
69th Legislature 2025 SB 430
- 20 - Authorized Print Version – SB 430
ENROLLED BILL
(c) A patient who was committed to a category D assisted living facility may be discharged from
supervision by the court but may remain as a resident if the category D assisted living facility and the patient
agree.
(2) Notice of the discharge must be filed with the court and the county attorney at least 5 days prior
to the discharge. Failure to comply with the notice requirement may not delay the discharge of the patient. The
court may not require that a discharge plan be filed with or approved by the court prior to discharge of the
patient unless, pursuant to 53-21-184, the patient is being held upon an order of court or judge in a proceeding
arising out of a criminal act. The department has standing on behalf of a patient in its custody to petition for
dismissal of an order prohibiting the patient's discharge under 53-21-184. A hearing on the petition must be
held within 5 business days.
(3) Upon being discharged, each patient has a right to be referred, as appropriate, to other
providers of mental health services."
Section 9. Section 53-21-193, MCA, is amended to read:
"53-21-193. Commitment to behavioral health inpatient facilities and transportation to mental
health facilities -- preference -- voluntary treatment. (1) If a respondent is committed to the state hospital
under 53-21-127, or if a person in an emergency situation requires detention under 53-21-129, and a bed is
available at a community facility, a category D assisted living facility, a community program, an appropriate
course of inpatient treatment, or a behavioral health inpatient facility, the professional person shall inform the
county attorney, who shall inform the person who is responsible for transporting the individual as to the
appropriate facility to which the individual is to be transported for admission. The state hospital is the placement
of last resort.
(2) If a respondent is committed to, or an individual requires emergency detention in, a community
facility, a category D assisted living facility, a community program, an appropriate course of inpatient treatment,
or a behavioral health inpatient facility, the facility, program, or inpatient treatment provider must be notified and
the facility, program, or inpatient treatment provider shall state that a bed is available and agree to accept
transfer of the patient based on admission criteria before an individual a respondent may be transferred to the
behavioral health inpatient facility, program, or course of inpatient treatment under this section.
- 2025
69th Legislature 2025 SB 430
- 21 - Authorized Print Version – SB 430
ENROLLED BILL
(3) A respondent who is committed to, or an individual who is transferred to, a community facility, a
category D assisted living facility, a community program, an appropriate course of inpatient treatment, or a
behavioral health inpatient facility may only be transferred to the state hospital for the remaining period of
commitment in accordance with criteria established by the department by administrative rule. in accordance
with criteria established by the department by rule pursuant to 53-21-.
(4) A court order for commitment, transport, or transfer must include the commitment, transport, or
transfer authority, and all conditions or requirements imposed on the Montana state hospital contained in the
court order apply only after a transfer the transport of a respondent that complies with the requirements of this
provision.
(4)(5) The court may not order commitment, transport, or transfer of the respondent or transfer of an
individual to a community facility, a category D assisted living facility, a community program, an appropriate
course of inpatient treatment, or a behavioral health inpatient facility under this part if a bed is not available or if
the licensed capacity would be exceeded.
(5)(6) If a bed is available, a community facility, a category D assisted living facility, a community
program, an appropriate course of inpatient treatment, or a behavioral health inpatient facility may admit a
person for voluntary treatment."
Section 10. Unfunded mandate laws superseded. The provisions of [this act] expressly supersede
and modify the requirements of 1-2-112 through 1-2-116.
Section 11. 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 12. Effective date. [This act] is effective on passage and approval.
- END -
I hereby certify that the within bill,
SB 430, 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. 430
INTRODUCED BY J. ESP
AN ACT GENERALLY REVISING LAWS RELATED TO THE CIVIL COMMITMENT AND EMERGENCY
DETENTION OF MENTALLY ILL PERSONS; ESTABLISHING CONDITIONS THAT MUST BE MET BEFORE
TRANSPORTING OR TRANSFERRING A PERSON TO THE MONTANA STATE HOSPITAL; REVISING WHAT
ACTIONS OR OMISSIONS ARE CONTEMPT; SUPERSEDING THE UNFUNDED MANDATE LAWS;
AMENDING SECTIONS 3-1-501, 3-10-402, 3-11-303, 53-21-102, 53-21-126, 53-21-127, 53-21-129, 53-21-181,
AND 53-21-193, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.