53-21-131. Appeal procedure. Appellate review of any order of short-term evaluation and treatment or long-term commitment may be had by appeal to the supreme court of Montana in the manner as other civil cases, except that the appeal may be taken at any time within 90 days of the actual service of the written notice of the right to appeal required by 53-21-114 or within 90 days after discharge, whichever is later. The patient shall not be released pending appeal unless ordered by the court. The appeal shall have priority above all other matters before the supreme court.
History: En. 38-1311 by Sec. 11, Ch. 466, L. 1975; R.C.M. 1947, 38-1311; amd. Sec. 2, Ch. 522, L. 1983.
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