reglab/housing_qa huggingface dataset:
MT Code § 53-21-113 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 21. Mentally Ill|Part 1. Treatment of the Seriously Mentally Ill|53-21-113. Costs of committing a patient already voluntarily admitted -- transportation costs for voluntary admission

  53-21-113. Costs of committing a patient already voluntarily admitted -- transportation costs for voluntary admission. (1) The cost of involuntarily committing a patient who is voluntarily admitted to a mental health facility at the time the involuntary proceedings are commenced must be paid by the county of the patient's residence at the time of admission.   (2) The costs of transportation to a mental health facility under 53-21-111 and 53-21-112 must be provided by the local office of public assistance located in the county of the patient's residence. However, if protective proceedings under Title 72, chapter 5, have been or are initiated with respect to the person, the local office of public assistance may seek reimbursement. If no one else is available to transport the person, the sheriff shall transport the person.   History: En. 38-1303 by Sec. 3, Ch. 466, L. 1975; amd. Sec. 3, Ch. 546, L. 1977; R.C.M. 1947, 38-1303(4), (5); amd. Sec. 42, Ch. 571, L. 2001.
MT Code § 53-21-114 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 21. Mentally Ill|Part 1. Treatment of the Seriously Mentally Ill|53-21-114. Notice of rights to be given

  53-21-114. Notice of rights to be given. (1) Whenever a person is involuntarily detained pursuant to 53-21-121 through 53-21-126, the person must at the time of detention be informed of the person's constitutional rights and the person's rights under this part. Within 3 days of detention, the person must also be informed in writing by the county attorney of the enumerated rights.   (2) A respondent who is subject to an order for short-term treatment or long-term care and treatment must be advised in writing of the right to appeal the order by the court at the conclusion of any hearing as a result of which an order may be entered.   History: (1)En. 38-1304 by Sec. 4, Ch. 466, L. 1975; amd. Sec. 4, Ch. 546, L. 1977; Sec. 38-1304, R.C.M. 1947; (2)En. 38-1309 by Sec. 9, Ch. 466, L. 1975; amd. Sec. 9, Ch. 546, L. 1977; Sec. 38-1304, R.C.M. 1947; R.C.M. 1947, 38-1304(part), 38-1309(4); amd. Sec. 1, Ch. 522, L. 1983; amd. Sec. 1, Ch. 537, L. 1991; amd. Sec. 1912, Ch. 56, L. 2009.
MT Code § 53-21-115 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 21. Mentally Ill|Part 1. Treatment of the Seriously Mentally Ill|53-21-115. Procedural rights

  53-21-115. Procedural rights. In addition to any other rights that may be guaranteed by the constitution of the United States and of this state, by the laws of this state, or by this part, any person who is involuntarily detained or against whom a petition is filed pursuant to this part has the following rights:   (1) the right to notice reasonably in advance of any hearing or other court proceeding concerning the person;   (2) the right in any hearing to be present, to offer evidence, and to present witnesses in any proceeding concerning the person;   (3) the right to know, before a hearing, the names and addresses of any witnesses who will testify in support of a petition;   (4) the right in any hearing to cross-examine witnesses;   (5) the right to be represented by counsel;   (6) the right to remain silent;   (7) the right in any hearing to be proceeded against according to the rules of evidence applicable to civil matters generally;   (8) the right to view and copy all petitions on file with the court concerning the person;   (9) the right to be examined by a professional person of the person's choice when the professional person is willing and reasonably available;   (10) the right to be dressed in the person's own clothes at any hearing held pursuant to this part;   (11) the right to refuse any but lifesaving medication for up to 24 hours prior to any hearing held pursuant to this part; and   (12) the right to voluntarily take necessary medications prior to any hearing pursuant to this part.   History: En. 38-1304 by Sec. 4, Ch. 466, L. 1975; amd. Sec. 4, Ch. 546, L. 1977; R.C.M. 1947, 38-1304(4); amd. Sec. 5, Ch. 547, L. 1979; amd. Sec. 3, Ch. 376, L. 1987; amd. Sec. 17, Ch. 490, L. 1997.
MT Code § 53-21-116 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 21. Mentally Ill|Part 1. Treatment of the Seriously Mentally Ill|53-21-116. Right to be present at hearing or trial -- assignment of counsel

  53-21-116. Right to be present at hearing or trial -- assignment of counsel. The person alleged to be suffering from a mental disorder and requiring commitment has the right to be present and the right to counsel at any hearing or trial. If the person is indigent or if in the court's discretion assignment of counsel is in the best interest of justice, the judge shall order the office of state public defender, provided for in 2-15-1029, to immediately assign counsel to represent the person at either the hearing or the trial, or both.   History: En. 38-1309 by Sec. 9, Ch. 466, L. 1975; amd. Sec. 9, Ch. 546, L. 1977; R.C.M. 1947, 38-1309(part); amd. Sec. 4, Ch. 376, L. 1987; amd. Sec. 18, Ch. 490, L. 1997; amd. Sec. 7, Ch. 583, L. 2003; amd. Sec. 58, Ch. 449, L. 2005; amd. Sec. 38, Ch. 358, L. 2017.
MT Code § 53-21-117 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 21. Mentally Ill|Part 1. Treatment of the Seriously Mentally Ill|53-21-117. Right to representation by own attorney

  53-21-117. Right to representation by own attorney. The respondent or the friend of respondent appointed by the court may secure an attorney of the person's own choice and at the person's own expense to represent the respondent.   History: En. 38-1309 by Sec. 9, Ch. 466, L. 1975; amd. Sec. 9, Ch. 546, L. 1977; R.C.M. 1947, 38-1309(part); amd. Sec. 14, Ch. 547, L. 1979; amd. Sec. 1913, Ch. 56, L. 2009.
MT Code § 53-21-118 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 21. Mentally Ill|Part 1. Treatment of the Seriously Mentally Ill|53-21-118. Right to examination by professional person of own choosing

  53-21-118. Right to examination by professional person of own choosing. (1) The respondent, the respondent's attorney, or the friend of respondent appointed by the court may secure a professional person of the individual's own choice to examine the respondent and to testify at the hearing before the court or jury as to the results of the professional person's examination.   (2) If the person wishing to secure the testimony of a professional person is unable to do so because of financial reasons and if the respondent joins in the request for the examination, the court shall appoint a professional person other than the professional person requesting the commitment to perform the examination. Whenever possible, the court shall allow the respondent a reasonable choice of an available professional person qualified to perform the requested examination who will be compensated from the public funds of the county where the respondent resides.   History: En. 38-1309 by Sec. 9, Ch. 466, L. 1975; amd. Sec. 9, Ch. 546, L. 1977; R.C.M. 1947, 38-1309(part); amd. Sec. 14, Ch. 547, L. 1979; amd. Sec. 1914, Ch. 56, L. 2009.
MT Code § 53-21-119 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 21. Mentally Ill|Part 1. Treatment of the Seriously Mentally Ill|53-21-119. Waiver of rights

  53-21-119. Waiver of rights. (1) A person may waive the person's rights, or if the person is not capable of making an intentional and knowing decision, these rights may be waived by the person's counsel and friend of respondent, if a friend of respondent is appointed, acting together if a record is made of the reasons for the waiver. The right to counsel may not be waived. The right to treatment provided for in this part may not be waived.   (2) The right of the respondent to be physically present at a hearing may also be waived by the respondent's attorney and the friend of respondent with the concurrence of the professional person and the judge upon a finding supported by facts that:   (a) (i) the presence of the respondent at the hearing would be likely to seriously adversely affect the respondent's mental condition; and   (ii) an alternative location for the hearing in surroundings familiar to the respondent would not prevent the adverse effects on the respondent's mental condition; or   (b) the respondent has voluntarily expressed a desire to waive the respondent's presence at the hearing.   (3) (a) In the case of a minor, provided that a record is made of the reasons for the waiver, the minor's rights may be waived by the mutual consent of the minor's counsel and parents or guardian or guardian ad litem if there are no parents or guardian.   (b) If there is an apparent conflict of interest between a minor and the minor's parents or guardian, the court shall appoint a guardian ad litem for the minor.   History: En. 38-1304 by Sec. 4, Ch. 466, L. 1975; amd. Sec. 4, Ch. 546, L. 1977; R.C.M. 1947, 38-1304(part); amd. Secs. 6, 14, Ch. 547, L. 1979; amd. Sec. 1915, Ch. 56, L. 2009; amd. Sec. 2, Ch. 308, L. 2013.
MT Code § 53-21-120 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 21. Mentally Ill|Part 1. Treatment of the Seriously Mentally Ill|53-21-120. Detention to be in least restrictive environment -- preference for mental health facility -- court relief -- prehearing detention of mentally ill person prohibited

  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.
MT Code § 53-21-123 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 21. Mentally Ill|Part 1. Treatment of the Seriously Mentally Ill|53-21-123. Examination of respondent following initial hearing -- recommendation of professional person

  53-21-123. Examination of respondent following initial hearing -- recommendation of professional person. (1) Following the initial hearing, whether before a judge or justice of the peace, the respondent must be examined by the professional person without unreasonable delay. The examination may not exceed a period of 4 hours. The professional person shall immediately notify the county attorney of the findings in person or by phone and shall make a written report of the examination to the court, with copies to the respondent's attorney and the county attorney.   (2) (a) The professional person shall include in the report a recommendation about whether the respondent should be:   (i) diverted from involuntary commitment to short-term inpatient treatment provided for under 53-21-1205 and 53-21-1206; or   (ii) evaluated for eligibility as a resident in a category D assisted living facility as provided in 50-5-224.   (b) If the professional person recommends commitment, the professional person's written report must contain a statement of the professional person's recommendations to the court for disposition under 53-21-127.   (3) The following action must be taken based on the professional person's findings:   (a) If the professional person recommends dismissal, the professional person shall additionally notify counsel and the respondent must be released and the petition dismissed. However, the county attorney may, upon good cause shown, request the court to order an additional, but no more than one, examination by a different professional person for a period of no more than 4 hours.   (b) If the professional person recommends diversion from involuntary commitment to short-term inpatient treatment or an option for living in a category D assisted living facility, the court shall suspend the commitment hearing unless the county attorney or the respondent's attorney objects within 24 hours of receiving notice of the professional person's recommendation.   (c) If the court finds that commitment proceedings should continue, the hearing must be held as scheduled.   (4) The court may not order further evaluation pending the hearing unless sound medical reasons require additional time for a complete evaluation. The reasons must be set forth in the order, along with the amount of additional time needed.   History: En. 38-1305 by Sec. 5, Ch. 466, L. 1975; amd. Sec. 5, Ch. 546, L. 1977; R.C.M. 1947, 38-1305(4); amd. Sec. 8, Ch. 376, L. 1987; amd. Sec. 21, Ch. 490, L. 1997; amd. Sec. 9, Ch. 342, L. 2001; amd. Sec. 3, Ch. 481, L. 2009; amd. Sec. 5, Ch. 402, L. 2017.
MT Code § 53-21-124 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 21. Mentally Ill|Part 1. Treatment of the Seriously Mentally Ill|53-21-124. Detention of respondent pending hearing or trial -- jail prohibited

  53-21-124. Detention of respondent pending hearing or trial -- jail prohibited. (1) The court may not order detention of a respondent pending the hearing unless requested by the county attorney and upon the existence of probable cause for detention. Counsel must be orally notified immediately. Counsel for the respondent may then request a detention hearing, which must be held immediately.   (2) In the event of detention, the respondent must be detained in the least restrictive setting necessary to ensure the respondent's presence and ensure the safety of the respondent and of others as provided in 53-21-120.   (3) If the respondent is detained, the respondent has the right to be examined additionally by a professional person of the respondent's choice, which may not depend on the respondent's ability to pay, and the respondent must be informed of this right. Unless objection is made by counsel for the respondent, the respondent must continue to be evaluated and treated by the professional person pending the hearing.   (4) A respondent may not be detained in a jail or other correctional facility pending a hearing or trial to determine whether the respondent should be committed to a mental health facility.   History: En. 38-1305 by Sec. 5, Ch. 466, L. 1975; amd. Sec. 5, Ch. 546, L. 1977; R.C.M. 1947, 38-1305(5); amd. Sec. 2, Ch. 360, L. 1989; amd. Sec. 4, Ch. 312, L. 1991; amd. Sec. 2, Ch. 636, L. 1991; amd. Sec. 10, Ch. 342, L. 2001.
MT Code § 53-21-125 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 21. Mentally Ill|Part 1. Treatment of the Seriously Mentally Ill|53-21-125. Request for jury trial

  53-21-125. Request for jury trial. At any time prior to the date set for hearing, the respondent, through counsel, may request a jury trial, and upon the request, the time set for hearing must be vacated and the matter set on the court's jury calendar at the earliest date possible, the matter taking precedence over all other matters. If there is not a jury in attendance, a jury must be selected in the manner provided in 3-15-506 and a date must be set for trial by a jury within 7 days, exclusive of Saturdays, Sundays, and holidays.   History: En. 38-1305 by Sec. 5, Ch. 466, L. 1975; amd. Sec. 5, Ch. 546, L. 1977; R.C.M. 1947, 38-1305(part); amd. Sec. 1916, Ch. 56, L. 2009.
MT Code § 53-21-129 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 21. Mentally Ill|Part 1. Treatment of the Seriously Mentally Ill|53-21-129. Emergency situation -- petition -- detention

  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 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 an emergency situation as defined in 53-21-102 exists, then the person may be detained and treated until the next regular business day. At that time, the professional person shall release the detained person or file findings with the county attorney who, if the county attorney determines probable cause to exist, 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) 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, subject to 53-21-193 and subsection (4) 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 to the county attorney that the facility does not have adequate room at that time.   (4) Before a person may be transferred to the state hospital or to a behavioral health inpatient facility under this section, the state hospital or the behavioral health inpatient facility must be notified prior to transfer and shall state whether a bed is available for the person. If the professional person determines that a behavioral health inpatient facility is the appropriate facility for the emergency detention and a bed is available, the county attorney shall direct the person to the appropriate facility to which the person must be transported for emergency detention.   History: En. 38-1307 by Sec. 7, Ch. 466, L. 1975; amd. Sec. 7, Ch. 546, L. 1977; R.C.M. 1947, 38-1307; amd. Sec. 1, Ch. 560, L. 1983; amd. Sec. 25, Ch. 490, L. 1997; amd. Sec. 7, Ch. 513, L. 2003; amd. Sec. 2, Ch. 116, L. 2007; amd. Sec. 3, Ch. 308, L. 2013.
MT Code § 53-21-130 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 21. Mentally Ill|Part 1. Treatment of the Seriously Mentally Ill|53-21-130. Transfer or commitment to mental health facility from other institutions

  53-21-130. Transfer or commitment to mental health facility from other institutions. (1) A person who is in the custody of the department for any purpose other than treatment of severe mental illness may not be transferred or committed to a mental health facility for more than 10 days unless the transfer or commitment is effected according to the procedures set out in this part. However, proceedings for involuntary commitment may be commenced in the county of the mental health facility where the person is, in the county of the institution from which the person was transferred to the mental health facility, or in the county of the person's residence. Notice of a transfer must be given immediately to the assigned counsel at the mental health facility and to the parents of minors, guardians, friends of respondent, or conservators.   (2) A person who is in the custody of the department of corrections may be transferred for placement in a mental health facility for a period of up to 10 days, subject to the approval of the mental health facility. A placement in excess of 10 days must be performed according to the procedures for voluntary admission or involuntary commitment as provided in this part. Proceedings for involuntary commitment may be commenced in the county of the mental health facility where the person is placed or in the county of the correctional facility from which the person was transferred. Notice of a transfer must be given to the legal counsel for the person and to the parents of minors, guardians, friends of respondent, or conservators.   History: En. 38-1310 by Sec. 10, Ch. 466, L. 1975; amd. Sec. 10, Ch. 546, L. 1977; R.C.M. 1947, 38-1310; amd. Sec. 14, Ch. 547, L. 1979; amd. Sec. 2, Ch. 247, L. 1999.
MT Code § 53-21-131 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 21. Mentally Ill|Part 1. Treatment of the Seriously Mentally Ill|53-21-131. Appeal procedure

  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.