2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 1. Treatment of the Seriously Mentally Ill › 53-21-127. Posttrial disposition

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) At the conclusion of the disposition hearing and pursuant to the provisions in subsection (7), the court shall:
(a) 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) 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) not more than 3 months; or
(ii) 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) 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) 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) the superintendent of the center has issued a written authorization specifying a date and time for admission.
(4) Except as provided in subsection (3)(b)(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) 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 the criterion 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), 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 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.
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) At the conclusion of the disposition hearing and pursuant to the provisions in subsection (7), the court shall:
(a) 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) 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) not more than 3 months; or
(ii) 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) 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) 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) the superintendent of the center has issued a written authorization specifying a date and time for admission.
(4) Except as provided in subsection (3)(b)(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 the criterion 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), 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 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.
History: En. 38-1305, 38-1306 by Secs. 5, 6, Ch. 466, L. 1975; amd. Secs. 5, 6, Ch. 546, L. 1977; R.C.M. 1947, 38-1305(part), 38-1306(1); amd. Sec. 9, Ch. 547, L. 1979; amd. Sec. 10, Ch. 376, L. 1987; amd. Sec. 2, Ch. 434, L. 1995; amd. Sec. 23, Ch. 490, L. 1997; amd. Sec. 12, Ch. 342, L. 2001; amd. Sec. 1, Ch. 163, L. 2003; amd. Sec. 5, Ch. 513, L. 2003; amd. Sec. 1, Ch. 554, L. 2003; amd. Sec. 6, Ch. 402, L. 2017; amd. Sec. 2, Ch. 777, L. 2023.