50-17-112. Procedure to obtain release from commitment. (1) One hundred and eighty days or more after the date of commitment, a person committed under 50-17-107 or 50-17-108 may apply to the court that ordered the person's commitment for a release.
(2) Not fewer than 3 or more than 7 days after receipt of the request, the court shall hold a hearing.
(3) Following the hearing, the court shall:
(a) order the person's discharge if it finds that the person has completed an approved course of treatment or does not have tuberculosis; or
(b) dismiss the request if it finds that the person still has tuberculosis or that the person has refused to submit to an examination to determine whether the person has tuberculosis or has not yet completed an approved course of treatment.
History: En. Sec. 35, Ch. 197, L. 1967; R.C.M. 1947, 69-4312; amd. Sec. 9, Ch. 61, L. 1985; amd. Sec. 1828, Ch. 56, L. 2009.
Structure Montana Code Annotated
Chapter 17. Disease Prevention and Control
50-17-103. Powers and duties of department
50-17-105. Application to require examination or treatment for tuberculosis
50-17-106. Hearing on the application
50-17-107. Adjudication of application
50-17-108. Commitment on noncompliance with order to be examined or treated
50-17-109. Order of commitment -- warrant for transportation
50-17-110. Confinement in hospital or treatment location -- submission to treatment
50-17-111. Transfer of person to another treatment location
50-17-112. Procedure to obtain release from commitment