53-21-120. Detention to be in least restrictive environment -- preference for mental health facility -- court relief -- prehearing detention of mentally ill person prohibited. (1) A person detained pursuant to this part must be detained in the least restrictive environment required to protect the life and physical safety of the person detained or members of the public; in this respect, prevention of significant injury to property may be considered.
(2) Whenever possible, a person detained pursuant to this part must be detained in a mental health facility and in the county of residence. If the person detained demands a jury trial and the trial cannot be held within 7 days, subject to the provisions in 53-21-193, the individual may be sent to the state hospital or a behavioral health inpatient facility until the time of trial if arrangements can be made to return the person to trial. The trial must be held within 30 days. The county of residence shall pay the cost of travel and professional services associated with the trial. A person may not be detained in any hospital or other medical facility that is not a mental health facility unless the hospital or facility has agreed in writing to admit the person.
(3) A person may not be detained pursuant to this part in a jail or other correctional facility.
(4) A person detained prior to involuntary commitment may apply to the court for immediate relief with respect to the need for detention or the adequacy of the facility being utilized to detain.
History: En. 38-1304 by Sec. 4, Ch. 466, L. 1975; amd. Sec. 4, Ch. 546, L. 1977; R.C.M. 1947, 38-1304(5); amd. Sec. 7, Ch. 547, L. 1979; amd. Sec. 5, Ch. 376, L. 1987; amd. Sec. 1, Ch. 360, L. 1989; amd. Sec. 1, Ch. 636, L. 1991; amd. Sec. 4, Ch. 513, L. 2003.
Structure Montana Code Annotated
Title 53. Social Services and Institutions
Part 1. Treatment of the Seriously Mentally Ill
53-21-103. Court records to be kept separate
53-21-104. Powers and duties of mental disabilities board of visitors
53-21-105. Certification of professional persons required
53-21-106. Certification of professional persons
53-21-108. through 53-21-110 reserved
53-21-111. Voluntary admission -- content of admission form -- requirements for valid admission
53-21-112. Voluntary admission of minors
53-21-114. Notice of rights to be given
53-21-116. Right to be present at hearing or trial -- assignment of counsel
53-21-117. Right to representation by own attorney
53-21-118. Right to examination by professional person of own choosing
53-21-121. Petition for commitment -- contents of -- notice of
53-21-122. Petition for commitment -- filing of -- initial hearing on
53-21-124. Detention of respondent pending hearing or trial -- jail prohibited
53-21-125. Request for jury trial
53-21-126. Trial or hearing on petition
53-21-127. Posttrial disposition
53-21-128. Petition for extension of commitment period
53-21-129. Emergency situation -- petition -- detention
53-21-130. Transfer or commitment to mental health facility from other institutions
53-21-132. Cost of examination and commitment
53-21-133. Transfer to nonstate facilities
53-21-138. Renumbered 53-21-1201
53-21-139. Renumbered 53-21-1202
53-21-140. Use of two-way electronic audio-video communication
53-21-141. Civil and legal rights of person committed
53-21-142. Rights of persons admitted to facility
53-21-143. Right not to be fingerprinted
53-21-144. Rights concerning photographs
53-21-145. Right to be free from unnecessary or excessive medication
53-21-146. Right to be free from physical restraint and isolation
53-21-147. Right not to be subjected to experimental research
53-21-148. Right not to be subjected to hazardous treatment
53-21-149. Conditions of treatment in community facility, program, or course of treatment
53-21-150. Treatment plan -- provider choice
53-21-151. Notification of noncompliance as condition for treatment plan -- response
53-21-152. Department funding responsibility
53-21-154. through 53-21-160 reserved
53-21-161. Qualifications of professional persons
53-21-162. Establishment of patient treatment plan -- patient's rights
53-21-163. Examination following commitment
53-21-165. Records to be maintained
53-21-166. Records to be confidential -- exceptions
53-21-168. Statement of rights to be furnished and posted
53-21-169. Protection and advocacy system -- designation and authority
53-21-170. through 53-21-179 reserved
53-21-181. Discharge during or at end of initial commitment period -- patient's right to referral
53-21-182. Court-ordered release to alternative placement or treatment
53-21-183. Release conditioned on receipt of outpatient care
53-21-184. Patients for whom release and discharge provisions inapplicable
53-21-185. Care and treatment following release
53-21-186. Support of patient conditionally released
53-21-187. Clothing for patients discharged or conditionally released
53-21-189. Fact of evaluation or treatment not to be used for discrimination
53-21-191. and 53-21-192 reserved
53-21-193. Commitment to behavioral health inpatient facilities -- preference -- voluntary treatment
53-21-196. Detention of conditionally released patient pending hearing
53-21-197. Hearing on rehospitalization petition -- revocation of conditional release
53-21-198. Extension of conditions of release -- hearing
53-21-199. Option for diversion from involuntary commitment to Montana state hospital