House Bill No. 502

Introduced By soft, waterman

A Bill for an Act entitled: An Act relating to mental health; deleting the definition of "seriously mentally ill" and substituting "mental disorder"; defining the terms "commitment" and "mental disorder"; allowing commitment to a community facility of a person suffering from a mental disorder; clarifying statutes relating to voluntary and involuntary commitment of minors; allowing clinical and administrative use of photographs of mental health facility patients; amending sections 2-16-501, 2-16-503, 25-31-602, 27-2-401, 27-8-204, 33-20-121, 37-3-323, 37-6-311, 37-11-321, 37-12-322, 41-5-523, 46-14-206, 53-20-112, 53-21-101, 53-21-102, 53-21-112, 53-21-115, 53-21-116, 53-21-121, 53-21-122, 53-21-123, 53-21-126, 53-21-127, 53-21-128, 53-21-129, 53-21-132, 53-21-134, 53-21-138, 53-21-139, 53-21-144, 53-21-182, 53-21-195, 53-21-197, 53-21-198, 70-19-413, 70-29-113, 70-29-210, 70-29-328, and 72-5-322, MCA; and providing an effective date.

Be it enacted by the Legislature of the State of Montana:

Section 1.  Section 2-16-501, MCA, is amended to read:

"2-16-501.  Vacancies created. An office becomes vacant on the happening of any one of the following events before the expiration of the term of the incumbent:

(1)  the death of the incumbent;

(2)  a determination pursuant to Title 53, chapter 21, part 1, that he the incumbent is seriously mentally ill suffers from a mental disorder and is in need of commitment;

(3)  his resignation of the incumbent;

(4)  his removal of the incumbent from office;

(5)  his the incumbent's ceasing to be a resident of the state or, if the office be is local, of the district, city, county, town, or township for which he the incumbent was chosen or appointed or within which the duties of his the incumbent's office are required to be discharged;

(6)  his absence of the incumbent from the state, without the permission of the legislature, beyond the period allowed by law;

(7)  his the incumbent's ceasing to discharge the duty of his the incumbent's office for the period of 3 consecutive months, except when prevented by sickness or when absent from the state by permission of the legislature;

(8)  his conviction of the incumbent of a felony or of any an offense involving moral turpitude or a violation of his the incumbent's official duties;

(9)  his the incumbent's refusal or neglect to file his the incumbent's official oath or bond within the time prescribed;

(10) the decision of a competent tribunal declaring void his the incumbent's election or appointment."

Section 2.  Section 2-16-503, MCA, is amended to read:

"2-16-503.  Notice of removal. Whenever an officer is removed, declared seriously mentally ill committed pursuant to 53-21-127, or convicted of a felony or offense involving moral turpitude or a violation of his the officer's official duty or whenever his the officer's election or appointment is declared void, the body, judge, or officer before whom the proceedings were had must conducted shall give notice thereof of the proceedings to the officer authorized to fill the vacancy."

Section 3.  Section 25-31-602, MCA, is amended to read:

"25-31-602.  When guardian necessary -- how appointed. When a minor or seriously mentally ill or, incompetent person, or person who has been committed pursuant to 53-21-127 is a party, he the minor or other person must shall appear either by his general guardian, if he the minor or other person has one, or by a guardian ad litem appointed by the justice. When a guardian ad litem is appointed by the justice, he the guardian ad litem must be appointed as follows:

(1)  If the minor or seriously mentally ill or, incompetent person, or person who has been committed pursuant to 53-21-127 is a plaintiff, the appointment must be made before the summons is issued:

(a)  in the case of a minor who is 14 or more years old, upon the application of the minor;

(b)  in the case of a minor who is less than 14 years old or a seriously mentally ill or, an incompetent person, or a person who has been committed pursuant to 53-21-127, upon the application of a relative or friend;

(c)  in any a case described in subsection (1)(a) or (1)(b) in which no application is made, upon the justice's own motion.

(2)  If the minor or seriously mentally ill or, incompetent person, or person who has been committed pursuant to 53-21-127 is a defendant, the appointment must be made at the time that the summons is returned or before the answer:

(a)  in the case of a minor who is 14 or more years old and who applies before the summons is returned or at the time of the return, upon the application of the minor;

(b)  in the case of a minor who is less than 14 years old or a seriously mentally ill or, an incompetent person, or a person who has been committed pursuant to 53-21-127, upon the application of a relative or friend or any other party to the action;

(c)  in any case described in subsection (2)(a) or (2)(b) in which no application is made, upon the justice's own motion."

Section 4.  Section 27-2-401, MCA, is amended to read:

"27-2-401.  When person entitled to bring action is under a disability. (1) If a person entitled to bring an action mentioned in part 2, except 27-2-211(3), is, at the time the cause of action accrues, either a minor or seriously mentally ill has been committed pursuant to 53-21-127, the time of the disability is not a part of the time limit for commencing the action. However, the time limit cannot be extended more than 5 years by the disability of serious mental illness commitment.

(2)  If an action is barred by 27-2-304, any of the heirs, devisees, or creditors who at the time of the transaction upon which the action might have been founded was were under one of the disabilities mentioned in subsection (1) may, within 5 years after the cessation of the disability, maintain an action to recover damages. In the action, the person may recover the sum or the value of the property that the person would have received upon the final distribution of the estate if an action had been seasonably commenced in a timely manner by the personal representative.

(3)  A person may not claim a disability unless it existed when the right of action or entry accrued.

(4)  When both disabilities referred to in subsection (1) coexist at the time that the right of action or entry accrues, the limitation does not attach until both are removed."

Section 5.  Section 27-8-204, MCA, is amended to read:

"27-8-204.  Declarations concerning administration of trusts and estates. Any A person interested as or through an executor, administrator, trustee, guardian, or other fiduciary, creditor, devisee, heir, or cestui que trust in the administration of a trust or of the estate of a decedent, minor, seriously mentally ill person committed pursuant to 53-21-127, or insolvent person may have a declaration of rights or legal relations in respect thereto:

(1)  to ascertain any class of creditors, devisees, heirs, or others;

(2)  to direct the executors, administrators, or trustees to do or abstain from doing any a particular act in their fiduciary capacity; or

(3)  to determine any a question arising in the administration of the estate or trust, including questions of construction of wills and other writings."

Section 6.  Section 33-20-121, MCA, is amended to read:

"33-20-121.  Prohibited provisions -- limitations on liability. (1) A policy of life insurance may not be delivered or issued for delivery in this state if it contains a provision:

(a)  for a period shorter than that provided by statute within which an action at law or in equity may be commenced on the policy; or

(b)  that excludes or restricts liability for death caused in a certain specified manner or occurring while the insured has a specified status, except that a policy may contain provisions excluding or restricting coverage as specified in the policy in the event of death:

(i)  as a result, directly or indirectly, of war, declared or undeclared, or of action by military forces or of any an act or hazard of war or action or of service in the military, naval, or air forces or in civilian forces auxiliary thereto to those military forces or from any cause while a member of military, naval, or air forces of any a country at war, declared or undeclared, or of any a country engaged in military action;

(ii) as a result of aviation or any, air travel, or flight;

(iii) as a result of a specified hazardous occupation or occupations;

(iv) while the insured is a resident outside the continental United States and Canada; or

(v)  within 2 years from the date of issue of the policy as a result of suicide, while seriously mentally ill committed pursuant to 53-21-127 or otherwise. If a life insurance policy contains a dependent rider, the dependent coverage may be continued upon payment of the premium for the dependent rider.

(2)  A policy that contains an exclusion or restriction pursuant to subsection (1) must also provide that in the event of death under the circumstances to which the exclusion or restriction is applicable, the insurer will pay an amount not less than a reserve determined according to the commissioner's reserve valuation method on the basis of the mortality table and interest rate specified in the policy for the calculation of nonforfeiture benefits (or if the policy does not provide for nonforfeiture benefits, computed according to a mortality table and interest rate determined by the insurer and specified in the policy) or by any other method more favorable to the policyholder, with adjustment for indebtedness or dividend credit.

(3)  This section does not apply to industrial life insurance, group life insurance, disability insurance, reinsurance, or annuities or to a provision in a life insurance policy relating to disability benefits or to additional benefits in the event of death by accident or accidental means.

(4)  This section does not prohibit a provision that in the opinion of the commissioner is more favorable to the policyholder than a provision permitted by this section."

Section 7.  Section 37-3-323, MCA, is amended to read:

"37-3-323.  Revocation or suspension of license. (1) The department may make an investigation whenever it is brought to its attention that there is reason to suspect that a person having a license or certificate to practice medicine in this state:

(a)  is mentally or physically unable to safely engage in the practice of medicine, has procured a license to practice medicine by fraud or misrepresentation or through mistake, has been declared incompetent by a court of competent jurisdiction and thereafter has not later been lawfully declared competent, or has a condition that impairs the person's intellect or judgment to the extent that it incapacitates the person for the safe performance of professional duties;

(b)  has been guilty of unprofessional conduct;

(c)  has practiced medicine with a suspended or revoked license;

(d)  has had a license to practice medicine suspended or revoked by any licensing authority for reasons other than nonpayment of fees; or

(e)  while under probation has violated its terms.

(2)  The investigation must be for the purpose of determining the probability of the existence of these conditions or the commission of these offenses and may, upon order of the board, include requiring the person to submit to a physical examination or a mental examination, or both, by a physician or physicians selected by the board if it appears to be in the best interests of the public that this evaluation be secured. The board may examine and scrutinize the hospital records and reports of a licensee as part of the examination, and copies must be released to the board on written request.

(3)  If a person holding a license to practice medicine under this chapter is by a final order or adjudication of a court of competent jurisdiction adjudged to be mentally incompetent, or seriously mentally ill or to be addicted to the use of addictive substances, or to have been committed pursuant to 53-21-127, the person's license may be suspended by the board. The suspension continues until the licensee is found or adjudged by the court to be restored to reason or cured or until the person is discharged as restored to reason or cured and the person's professional competence has been proven proved to the satisfaction of the board."

Section 8.  Section 37-6-311, MCA, is amended to read:

"37-6-311.  Refusal or revocation of license -- investigation. (1) After notice and opportunity for a hearing, the board may deny, revoke, or refuse to renew a license to practice podiatry if the consensus of the board is that an applicant is not of good moral character or has engaged in unprofessional conduct.

(2)  The department may investigate whenever it is brought to its attention that a licensed podiatrist:

(a)  is mentally or physically unable to engage safely in the practice of podiatry;

(b)  has procured the license by fraud, misrepresentation, or through error;

(c)  has been declared incompetent by a court of competent jurisdiction and thereafter has not later been lawfully declared competent;

(d)  has a condition that impairs the licensee's intellect or judgment to the extent that it incapacitates the licensee in the safe performance of professional duties;

(e)  has been found guilty of unprofessional conduct;

(f)  has practiced podiatry while the license was suspended or revoked;

(g)  has had the license suspended or revoked by any licensing authority for reasons other than nonpayment of fees; or

(h)  while under probation has violated its terms.

(3)  The investigation must be for the purpose of determining the probability that the alleged conditions exist or that the alleged offenses were committed. Upon order of the board, the investigation may include requiring the person to submit to a physical examination or a mental examination, or both, by a physician or physicians selected by the board if it appears to be in the best interest of the public that this evaluation be secured. The board may examine the hospital records and reports of a licensee as part of the examination, and copies shall must be released to the board on written request.

(4)  If a person holding a license to practice podiatry under this chapter is by a final order or adjudication of a court of competent jurisdiction determined to be mentally incompetent, seriously mentally ill, or to be addicted to the use of narcotics, or to have been committed pursuant to 53-21-127, the license may be suspended by the board. The suspension continues until the licensee is found by the court to be restored to reason or cured or until the licensee is discharged as restored to reason or cured and the licensee's professional competence has been proven proved to the satisfaction of the board."

Section 9.  Section 37-11-321, MCA, is amended to read:

"37-11-321.  Refusal to issue or renew license. The board, after due notice and hearing, may refuse to license any applicant and may refuse to renew, may suspend, may revoke, or may take lesser disciplinary action on the license of any licensed person who:

(1)  is habitually intoxicated or is addicted to the use of narcotic drugs;

(2)  has been convicted of violating any state or federal narcotic law, subject to chapter 1, part 2, of this title;

(3)  is, in the judgment of the board, guilty of immoral or unprofessional conduct as defined by board rule;

(4)  has been convicted of any crime involving moral turpitude, subject to chapter 1, part 2, of this title;

(5)  is guilty, in the judgment of the board, of gross negligence in the practice of physical therapy or practice as an assistant;

(6)  has obtained or attempted to obtain licensure by fraud or material misrepresentation;

(7)  has been declared to be seriously mentally ill committed pursuant to 53-21-127 by a court of competent jurisdiction and has not been released from treatment commitment and declared not to be seriously mentally ill require further commitment;

(8)  has treated or undertaken to treat ailments of human beings otherwise than by physical therapy;

(9)  is guilty, in the judgment of the board, of conduct unbecoming a person licensed as a physical therapist or assistant or of conduct detrimental to the best interests of the public; or

(10) has practiced physical therapy or has practiced as an assistant beyond the scope and limitation of the person's training and education."

Section 10.  Section 37-12-322, MCA, is amended to read:

"37-12-322.  Investigation of complaints. (1) The department may make an investigation whenever it is brought to its attention that there is reason to suspect that a person licensed to practice chiropractic:

(a)  has a mental or physical condition such that renders the person is unable to safely engage in the practice of chiropractic;

(b)  has been declared incompetent or seriously mentally ill has been committed pursuant to 53-21-127 by a court of competent jurisdiction and thereafter has not later been declared competent or released from supervision;

(c)  has procured the license through mistake;

(d)  has been guilty of unprofessional conduct;

(e)  has practiced chiropractic while the license was suspended or revoked;

(f)  has while under probation violated its terms.

(2)  The investigation must be for the purpose of determining the probability of the existence of these conditions or the commission of these offenses and may, upon order of the board, include requiring the person to submit to a physical or mental examination, or both, by a physician or physicians selected by the board if it appears to be in the best interests of the public that this evaluation be secured. The board may examine the hospital records and reports of the licensee as part of the examination, and copies of these must be released to the board on written request."

Section 11.  Section 41-5-523, MCA, is amended to read:

"41-5-523.  Disposition -- sentence to correctional facility -- commitment to department -- placement and evaluation of youth -- restrictions. (1) If a youth is found to be a delinquent youth or a youth in need of supervision, the youth court may enter its judgment making one or more of the following dispositions:

(a)  retain jurisdiction in a disposition provided under subsection (1)(b) or (1)(d);

(b)  place the youth on probation;

(c)  subject to subsections (1)(n)(i), (2)(a), (2)(b), and (6), sentence a youth to one of the state youth correctional facilities established under 52-5-101 and, as part of the sentence, deny the youth eligibility for release without the express approval of the sentencing judge until the youth reaches 18 years of age. A youth may not be sentenced to a state youth correctional facility unless the department informs the judge that space is available for the youth at that facility. The sentencing judge may not place limitations on the release unless recommended by the youth placement committee.

(d)  require a youth found to be delinquent to register as a sex offender pursuant to 46-18-254 and 46-23-506;

(e)  place the youth in an in-state residence that ensures that the youth is accountable, provides for rehabilitation, and protects the public. Before placement, the sentencing judge shall seek and consider placement recommendations from the youth placement committee. The judge may not place the youth in an in-state residence unless the department informs the judge that resources are available for placement of the youth at that residence.

(f)  commit the youth to the department. In an order committing a youth to the department:

(i)  the court shall determine whether continuation in the youth's own home would be contrary to the welfare of the youth and whether reasonable efforts have been made to prevent or eliminate the need for removal of the youth from the youth's home;

(ii) in the case of a delinquent youth who is determined by the court to be a serious juvenile offender, the judge may specify that the youth be placed in a state youth correctional facility if the judge finds that the placement is necessary for the protection of the public. The court may order the department to notify the court within 5 working days before the proposed release of a youth from a youth correctional facility. Once a youth is committed to the department for placement in a state youth correctional facility, the department is responsible for determining an appropriate date of release into an appropriate placement.

(g)  order restitution by the youth or the youth's parents;

(h)  impose a fine as authorized by law if the violation alleged would constitute a criminal offense if committed by an adult;

(i)  require the performance of community service;

(j)  require the youth, the youth's parents or guardians, or the persons having legal custody of the youth to receive counseling services;

(k)  require the medical and psychological evaluation of the youth, the youth's parents or guardians, or the persons having legal custody of the youth;

(l)  require the parents, guardians, or other persons having legal custody of the youth to furnish services the court may designate;

(m)  order further care, treatment, evaluation, or relief that the court considers beneficial to the youth and the community and that does not obligate funding from the department for services outside the state of Montana without the department's approval, except that a youth may not be placed by a youth court in a residential treatment facility as defined in 50-5-101. Only the department may, pursuant to subsection (1)(f), place a youth in a residential treatment facility.

(n)  commit the youth to a mental health facility if, based upon the testimony of a professional person as defined in 53-21-102, the court finds that the youth is seriously mentally ill suffering from a mental disorder and requires commitment as defined in 53-21-102. The youth is entitled to all rights provided by 53-21-114 through 53-21-119.

(i)  A youth adjudicated mentally ill or seriously mentally ill as defined in 53-21-102 determined to be suffering from a mental disorder and requiring commitment may not be committed or sentenced to a state youth correctional facility.

(ii) A youth adjudicated to be mentally ill or seriously mentally ill determined to be suffering from a mental disorder and requiring commitment after placement in or sentencing to a state youth correctional facility must be moved to a more appropriate placement in response to the youth's mental health needs and consistent with the disposition alternatives available in 53-21-127.

(o)  place the youth under home arrest as provided in Title 46, chapter 18, part 10.

(2)  When a youth is committed to the department, the department shall determine the appropriate placement and rehabilitation program for the youth after considering the recommendations made under 41-5-527 by the youth placement committee. Placement is subject to the following limitations:

(a)  A youth in need of supervision or adjudicated delinquent for commission of an act that would not be a criminal offense if committed by an adult may not be placed in a state youth correctional facility.

(b)  A youth may not be held in a state youth correctional facility for a period of time in excess of the maximum period of imprisonment that could be imposed on an adult convicted of the offense or offenses that brought the youth under the jurisdiction of the youth court. This section does not limit the power of the department to enter into an aftercare agreement with the youth pursuant to 52-5-126.

(c)  A youth may not be placed in or transferred to a penal institution or other facility used for the execution of sentence of adults convicted of crimes.

(3)  A youth placed in a state youth correctional facility or other facility or program operated by the department or who signs an aftercare agreement under 52-5-126 must be supervised by the department. A youth who is placed in any other placement by the department, the youth court, or the youth court's juvenile probation officer must be supervised by the probation officer of the youth court having jurisdiction over the youth under 41-5-205 whether or not the youth is committed to the department. Supervision by the youth probation officer includes but is not limited to:

(a)  submitting information and documentation necessary for the person, committee, or team that is making the placement recommendation to determine an appropriate placement for the youth;

(b)  securing approval for payment of special education costs from the youth's school district of residence or the office of public instruction, as required in Title 20, chapter 7, part 4;

(c)  submitting an application to a facility in which the youth may be placed; and

(d)  case management of the youth.

(4)  The youth court may order a youth to receive a medical or psychological evaluation at any time prior to final disposition if the youth waives the youth's constitutional rights in the manner provided for in 41-5-303. The county determined by the court as the residence of the youth is responsible for the cost of the evaluation, except as provided in subsection (5). A county may contract with the department or other public or private agencies to obtain evaluation services ordered by the court.

(5)  The youth court shall determine the financial ability of the youth's parents to pay the cost of an evaluation ordered by the court under subsection (4). If they are financially able, the court shall order the youth's parents to pay all or part of the cost of the evaluation.

(6)  The youth court may not order placement or evaluation of a youth at a state youth correctional facility unless the youth is found to be a delinquent youth or is alleged to have committed an offense that is transferable to criminal court under 41-5-206.

(7)  An evaluation of a youth may not be performed at the Montana state hospital unless the youth is transferred to the district court under 41-5-206, 41-5-208, or 41-5-1105.

(8)  An order of the court may be modified at any time. In the case of a youth committed to the department, an order pertaining to the youth may be modified only upon notice to the department and subsequent hearing.

(9)  Whenever the court commits a youth to the department, it shall transmit with the dispositional judgment copies of medical reports, social history material, education records, and any other clinical, predisposition, or other reports and information pertinent to the care and treatment of the youth.

(10) If a youth is committed to the department, the court shall examine the financial ability of the youth's parents or guardians to pay a contribution covering all or part of the costs for the care, commitment, and treatment of the youth, including the costs of necessary medical, dental, and other health care.

(11) If the court determines that the youth's parents or guardians are financially able to pay a contribution as provided in subsection (10), the court shall order the youth's parents or guardians to pay an amount based on the uniform child support guidelines adopted by the department of public health and human services pursuant to 40-5-209.

(12) (a) Except as provided in subsection (12)(b), contributions ordered under this section and each modification of an existing order are enforceable by immediate or delinquency income withholding, or both, under Title 40, chapter 5, part 4. An order for contribution that is inconsistent with this section is nevertheless subject to withholding for the payment of the contribution without need for an amendment of the support order or for any further action by the court.

(b)  A court-ordered exception from contributions under this section must be in writing and be included in the order. An exception from the immediate income withholding requirement may be granted if the court finds there is:

(i)  good cause not to require immediate income withholding; or

(ii) an alternative arrangement between the department and the person who is ordered to pay contributions.

(c)  A finding of good cause not to require immediate income withholding must, at a minimum, be based upon:

(i)  a written determination and explanation by the court of the reasons why the implementation of immediate income withholding is not in the best interests of the youth; and

(ii) proof of timely payment of previously ordered support in cases involving modification of contributions ordered under this section.

(d)  An alternative arrangement must:

(i)  provide sufficient security to ensure compliance with the arrangement;

(ii) be in writing and be signed by a representative of the department and the person required to make contributions; and

(iii) if approved by the court, be entered into the record of the proceeding.

(13) Upon a showing of a change in the financial ability of the youth's parents or guardians to pay, the court may modify its order for the payment of contributions required under subsection (11).

(14) (a) If the court orders the payment of contributions under this section, the department shall apply to the department of public health and human services for support enforcement services pursuant to Title IV-D of the Social Security Act.

(b)  The department of public health and human services may collect and enforce a contribution order under this section by any means available under law, including the remedies provided for in Title 40, chapter 5, parts 2 and 4."

Section 12.  Section 46-14-206, MCA, is amended to read:

"46-14-206.  Report of examination. (1) A report of the examination must include the following:

(a)  a description of the nature of the examination;

(b)  a diagnosis of the mental condition of the defendant, including an opinion as to whether the defendant is seriously mentally ill, as defined in 53-21-102 suffers from a mental disorder and may require commitment, or is seriously developmentally disabled, as defined in 53-20-102;

(c)  if the defendant suffers from a mental disease or defect, an opinion as to the defendant's capacity to understand the proceedings against the defendant and to assist in the defendant's own defense;

(d)  when directed by the court, an opinion as to the capacity of the defendant to have a particular state of mind that is an element of the offense charged; and

(e)  when directed by the court, an opinion as to the capacity of the defendant, because of a mental disease or defect, to appreciate the criminality of the defendant's behavior or to conform the defendant's behavior to the requirement of the law.

(2)  If the examination cannot be conducted by reason of the unwillingness of the defendant to participate in the examination, the report must state that fact and must include, if possible, an opinion as to whether the unwillingness of the defendant was the result of mental disease or defect."

Section 13.  Section 53-20-112, MCA, is amended to read:

"53-20-112.  Procedural rights. (1) A respondent has all the rights accorded to a person subject to involuntary commitment proceedings under the laws of this state relating to involuntary commitment of the seriously mentally ill a person who suffers from a mental disorder and who requires commitment, as provided in 53-21-115 through 53-21-118.

(2)  In addition, the parents or guardian of a respondent have the right to:

(a)  be present at any hearing held pursuant to this part;

(b)  be represented by counsel in any hearing;

(c)  offer evidence and cross-examine witnesses in any hearing; and

(d)  have the respondent examined by a professional of their choice when a professional is reasonably available, unless the person so chosen is objected to by the respondent or by a responsible person appointed by the court."

Section 14.  Section 53-21-101, MCA, is amended to read:

"53-21-101.  Purpose. The purpose of this part is to:

(1)  secure for each person who may be seriously mentally ill or suffering from a mental disorder such and requiring commitment the care and treatment as will be suited to the needs of the person and to insure ensure that such the care and treatment are skillfully and humanely administered with full respect for the person's dignity and personal integrity;

(2)  accomplish this goal whenever possible in a community-based setting;

(3)  accomplish this goal in an institutionalized setting only when less restrictive alternatives are unavailable or inadequate and only when a person is so mentally ill as to require institutionalized care suffering from a mental disorder and requires commitment; and

(4)  assure ensure that due process of law is accorded any person coming under the provisions of this part."

Section 15.  Section 53-21-102, MCA, is amended to read:

"53-21-102.   (Temporary) Definitions. As used in this part, the following definitions apply:

(1)  "Board" or "mental disabilities board of visitors" means the mental disabilities board of visitors created by 2-15-211.

(2)  "Court" means any district court of the state of Montana.

(3)  "Department" means the department of public health and human services provided for in 2-15-2201.

(4)  "Emergency situation" means a situation in which any person is in imminent danger of death or serious bodily harm from the activity of a person who appears to be seriously mentally ill.

(5)  "Friend of respondent" means any person willing and able to assist a mentally ill person, a person alleged to be mentally ill, a seriously mentally ill person, or a person alleged to be seriously mentally ill in dealing with legal proceedings, including consultation with legal counsel and others. The friend of respondent may be the next of kin, the person's conservator or legal guardian, if any, a representative of a charitable or religious organization, or any other person appointed by the court to perform the functions of a friend of respondent set out in this part. Only one person may at any one time be the friend of respondent within the meaning of this part. In appointing a friend of respondent, the court shall consider the preference of the respondent. The court may at any time, for good cause shown, change its designation of the friend of respondent.

(6)  "Mental disorder" means any organic, mental, or emotional impairment which has substantial adverse effects on an individual's cognitive or volitional functions. The term does not include:

(a)  addiction to drugs or alcohol; or

(b)  drug or alcohol intoxication.

(7)  "Mental health facility" or "facility" means a public hospital or a licensed private hospital which is equipped and staffed to provide treatment for persons with mental disorders or a community mental health center or any mental health clinic or treatment center approved by the department. A correctional institution or facility or jail is not a mental health facility within the meaning of this part.

(8)  "Mentally ill" means suffering from a mental disorder which has not resulted in self-inflicted injury or injury to others or the imminent threat of injury but which:

(a)  has resulted in behavior that creates serious difficulty in protecting the person's life or health even with the available assistance of family, friends, or others;

(b)  is treatable, with a reasonable prospect of success and consistent with the least restrictive course of treatment as provided in 53-21-127(3), at or through the facility to which the person is to be committed;

(c)  has deprived the person of the capacity to make an informed decision concerning treatment;

(d)  has resulted in the person's refusing or being unable to consent to voluntary admission for treatment; and

(e)  poses a significant risk of the person's becoming seriously mentally ill or will, if untreated, predictably result in further serious deterioration in the mental condition of the person. Predictability may be established by the patient's medical history.

(9)  "Next of kin" includes but is not limited to the spouse, parents, adult children, and adult brothers and sisters of a person.

(10)  "Patient" means a person committed by the court for treatment for any period of time or who is voluntarily admitted for treatment for any period of time.

(11)  "Peace officer" means any sheriff, deputy sheriff, marshal, policeman, or other peace officer.

(12)  "Professional person" means:

(a)  a medical doctor; or

(b)  a person who has been certified, as provided for in 53-21-106, by the department.

(13)  "Reasonable medical certainty" means reasonable certainty as judged by the standards of a professional person.

(14)  "Respondent" means a person alleged in a petition filed pursuant to this part to be mentally ill or seriously mentally ill.

(15)  "Seriously mentally ill" means suffering from a mental disorder which has resulted in self-inflicted injury or injury to others or the imminent threat of injury or which has deprived the person afflicted of the ability to protect the person's life or health. For this purpose, injury means physical injury. A person may not be involuntarily committed to a mental health facility or detained for evaluation and treatment because the person is an epileptic or is mentally deficient, mentally retarded, senile, or suffering from a mental disorder unless the condition causes the person to be seriously mentally ill within the meaning of this part.

(16)  "State hospital" means the Montana state hospital. (Terminates July 1, 1997--sec. 1, Ch. 541, L. 1989.)

53-21-102.   (Effective July 1, 1997) Definitions. As used in this part, the following definitions apply:

(1)  "Board" or "mental disabilities board of visitors" means the mental disabilities board of visitors created by 2-15-211.

(2) "Commitment" means an order by a court requiring an individual to receive treatment for a mental disorder.

(2)(3)  "Court" means any district court of the state of Montana.

(3)(4)  "Department" means the department of public health and human services provided for in 2-15-2201.

(4)(5)  "Emergency situation" means a situation in which any person is in imminent danger of death or serious bodily harm from the activity of a person who appears to be seriously mentally ill suffering from a mental disorder and appears to require commitment.

(5)(6)  "Friend of respondent" means any person willing and able to assist a seriously mentally ill person suffering from a mental disorder and requiring commitment or person alleged to be seriously mentally ill suffering from a mental disorder and requiring commitment in dealing with legal proceedings, including consultation with legal counsel and others. The friend of respondent may be the next of kin, the person's conservator or legal guardian, if any, representatives of a charitable or religious organization, or any other person appointed by the court to perform the functions of a friend of respondent set out in this part. Only one person may at any one time be the friend of respondent within the meaning of this part. In appointing a friend of respondent, the court shall consider the preference of the respondent. The court may at any time, for good cause shown, change its designation of the friend of respondent.

(6)(7)  "Mental disorder" means any organic, mental, or emotional impairment which that has substantial adverse effects on an individual's cognitive or volitional functions. The term does not include:

(a)  addiction to drugs or alcohol; or

(b)  drug or alcohol intoxication;

(c) mental retardation; or

(d) epilepsy.

(7)(8)  "Mental health facility" or "facility" means a public hospital or a licensed private hospital which that is equipped and staffed to provide treatment for persons with mental disorders or a community mental health center or any mental health clinic or treatment center approved by the department. A correctional institution or facility or jail is not a mental health facility within the meaning of this part.

(8)(9)  "Next of kin" includes but is not limited to the spouse, parents, adult children, and adult brothers and sisters of a person.

(9)(10)  "Patient" means a person committed by the court for treatment for any period of time or who is voluntarily admitted for treatment for any period of time.

(10)(11)  "Peace officer" means any sheriff, deputy sheriff, marshal, policeman police officer, or other peace officer.

(11)(12)  "Professional person" means:

(a)  a medical doctor; or

(b)  a person who has been certified, as provided for in 53-21-106, by the department.

(12)(13)  "Reasonable medical certainty" means reasonable certainty as judged by the standards of a professional person.

(13)(14)  "Respondent" means a person alleged in a petition filed pursuant to this part to be seriously mentally ill suffering from a mental disorder and requiring commitment.

(14)  "Seriously mentally ill" means suffering from a mental disorder which has resulted in self-inflicted injury or injury to others or the imminent threat of injury or which has deprived the person afflicted of the ability to protect the person's life or health. For this purpose, injury means physical injury. A person may not be involuntarily committed to a mental health facility or detained for evaluation and treatment because the person is an epileptic, mentally deficient, mentally retarded, senile, or suffering from a mental disorder unless the condition causes the person to be seriously mentally ill within the meaning of this part.

(15) "State hospital" means the Montana state hospital."

Section 16.  Section 53-21-112, MCA, is amended to read:

"53-21-112.  Voluntary admission of minors. (1) Notwithstanding any other provision of law, a minor who is 16 years of age or older a parent or guardian of a minor may consent to receive mental health services to be rendered to the minor by:

(a)  a facility that is not a state institution; or

(b)  a person licensed in this state to practice medicine; or psychology

(c) a mental health professional licensed in this state.

(2) A minor who is at least 16 years of age may, without the consent of a parent or guardian, consent to receive mental health services from those facilities or persons listed in subsection (1).

(2)(3)  Except as provided by this section, the provisions of 53-21-111 apply to the voluntary admission of a minor to a mental health facility but not to the state hospital.

(3)(4)  Except as provided by this subsection, voluntary admission of a minor to a mental health facility for an inpatient course of treatment shall be is for the same period of time as that for an adult. A minor voluntarily admitted shall have with consent of the minor's parent or guardian has the right to be released within 5 days of his a request by the parent or guardian as provided in 53-21-111(3). The A minor himself who has been admitted without consent by a parent or guardian, pursuant to subsection (2), may also make such a request and also has the right to be released within 5 days as provided in 53-21-111(3). Unless there has been a periodic review and a voluntary readmission consented to by the parent or guardian in the case of a minor patient and his counsel or consented to by the minor alone in the case of a minor patient who is at least 16 years of age, voluntary admission terminates at the expiration of 1 year. Counsel shall must be appointed for the minor at the minor's request or at any time he that the minor is faced with potential legal proceedings.

(4)  If, in any application for voluntary admission for any period of time to a mental health facility, a minor fails to join in the consent of his parents or guardian to the voluntary admission, then the application for admission shall be treated as a petition for involuntary commitment. Notice of the substance of this subsection and of the right to counsel shall be set forth in conspicuous type in a conspicuous location on any form or application used for the voluntary admission of a minor to a mental health facility. The notice shall be explained to the minor."

Section 17.  Section 53-21-115, MCA, is amended to read:

"53-21-115.  (Temporary) Procedural rights. In addition to any other rights which 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 him the person;

(2)  the right to know, in advance of any hearing, the names and addresses of any witnesses who will testify in support of the petition;

(3) the right to know, before a hearing, the names and addresses of any witnesses who will testify in support of a petition;

(3)(4)  the right in any hearing to be present, to offer evidence, and to present witnesses in any proceeding concerning him the person;

(4)(5)  the right in any hearing to cross-examine witnesses;

(5)(6)  the right to be represented by counsel;

(6)(7)  the right to remain silent;

(7)(8)  the right in any hearing to be proceeded against according to the rules of evidence applicable to civil matters generally;

(8)(9)  the right to view and copy all petitions on file with the court concerning him the person;

(9)(10) the right to be examined by a professional person of his the person's choice when such a professional person is willing and reasonably available;

(10)(11) the right to be dressed in his the person's own clothes at any hearing held pursuant to this part; and

(11)(12) the right to refuse any but lifesaving medication for up to 24 hours prior to any hearing held pursuant to this part. (Terminates July 1, 1997--sec. 1, Ch. 541, L. 1989.)

53-21-115.   (Effective July 1, 1997) Procedural rights. In addition to any other rights which 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 him the person;

(2)  the right in any hearing to be present, to offer evidence, and to present witnesses in any proceeding concerning him 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;

(3)(4)  the right in any hearing to cross-examine witnesses;

(4)(5)  the right to be represented by counsel;

(5)(6)  the right to remain silent;

(6)(7)  the right in any hearing to be proceeded against according to the rules of evidence applicable to civil matters generally;

(7)(8)  the right to view and copy all petitions on file with the court concerning him the person;

(8)(9)  the right to be examined by a professional person of his the person's choice when such the professional person is willing and reasonably available;

(9)(10) the right to be dressed in his the person's own clothes at any hearing held pursuant to this part; and

(10)(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."

Section 18.  Section 53-21-116, MCA, is amended to read:

"53-21-116.   (Temporary) Right to be present at hearing or trial -- appointment of counsel. The person alleged to be mentally ill or seriously mentally ill has the right to be present at any hearing or trial. If he has no attorney, the judge shall appoint one to represent him at either the hearing or the trial, or both, who shall be compensated from the public funds of the county where the respondent resides. (Terminates July 1, 1997--sec. 1, Ch. 541, L. 1989.)

53-21-116.   (Effective July 1, 1997) Right to be present at hearing or trial -- appointment of counsel. The person alleged to be seriously mentally ill suffering from a mental disorder and requiring commitment has the right to be present at any hearing or trial. If he the person has no attorney, the judge shall appoint one to represent him the person at either the hearing or the trial, or both, who shall must be compensated from the public funds of the county where the respondent resides."

Section 19.  Section 53-21-121, MCA, is amended to read:

"53-21-121.   (Temporary) Petition for commitment -- contents of -- notice of. (1) The county attorney, upon the written request of any person having direct knowledge of the facts, may file a petition with the court:

(a)  alleging that there is a person within the county who is seriously mentally ill and requesting that the person be committed to a mental health facility for a period of no more than 3 months; or

(b)  alleging that there is a person within the county who is mentally ill and requesting that the person be committed to a mental health facility for a period of no more than 30 days.

(2)  The petition shall contain:

(a)  the name and address of the person requesting the petition and his interest in the case;

(b)  the name of the respondent and, if known, the address, age, sex, marital status, and occupation of the respondent;

(c)  the purported facts supporting the allegation of mental illness;

(d)  the name and address of every person known or believed to be legally responsible for the care, support, and maintenance of the person for whom evaluation is sought;

(e)  the name and address of the person's next of kin to the extent known to the county attorney and the person requesting the petition;

(f)  the name and address of any person whom the county attorney believes might be willing and able to be appointed as friend of respondent;

(g)  the name, address, and telephone number of the attorney, if any, who has most recently represented the person for whom evaluation is sought; if there is no attorney, there shall be a statement as to whether to the best knowledge of the person requesting the petition the person for whom evaluation is sought is indigent and therefore unable to afford the services of an attorney; and

(h)  a statement of the rights of the respondent which shall be in conspicuous print and identified by a suitable heading.

(3)  Notice of the petition shall be hand-delivered to the respondent and to his counsel on or before the initial appearance of the respondent before the judge or justice of the peace. Notice of the petition and the order setting the date and time of the hearing and the names of the respondent's counsel, professional person, and friend of respondent shall be hand-delivered or mailed to the person or persons legally responsible for care, support, and maintenance of the respondent, the next of kin identified in the petition, and any other person identified by the county attorney as a possible friend of respondent other than the one named as the friend of respondent. The notice may provide, other than as to the respondent and his counsel, that no further notice will be given unless written request is filed with the clerk of court. (Terminates July 1, 1997--sec. 1, Ch. 541, L. 1989.)

53-21-121.   (Effective July 1, 1997) Petition for commitment -- contents of -- notice of. (1) The county attorney, upon the written request of any person having direct knowledge of the facts, may file a petition with the court alleging that there is a person within the county who is seriously mentally ill and requesting that the person be committed to a mental health facility for a period of no more than 3 months suffering from a mental disorder and who requires commitment pursuant to this chapter.

(2)  The petition shall must contain:

(a)  the name and address of the person requesting the petition and his the person's interest in the case;

(b)  the name of the respondent and, if known, the address, age, sex, marital status, and occupation of the respondent;

(c)  the purported facts supporting the allegation of mental illness disorder, a statement of the disposition sought pursuant to 53-21-127(2), and the need for commitment;

(d)  the name and address of every person known or believed to be legally responsible for the care, support, and maintenance of the person respondent for whom evaluation is sought;

(e)  the name and address of the person's respondent's next of kin to the extent known to the county attorney and the person requesting the petition;

(f)  the name and address of any person whom the county attorney believes might be willing and able to be appointed as friend of respondent;

(g)  the name, address, and telephone number of the attorney, if any, who has most recently represented the person respondent for whom evaluation is sought; if there is no attorney, there shall must be a statement as to whether to the best knowledge of the person requesting the petition the person respondent for whom evaluation is sought is indigent and therefore unable to afford the services of an attorney; and

(h)  a statement of the rights of the respondent, which shall must be in conspicuous print and identified by a suitable heading.

(3)  Notice of the petition shall must be hand-delivered to the respondent and to his the respondent's counsel on or before the initial appearance of the respondent before the judge or justice of the peace. The respondent's counsel shall meet with the respondent, explain the substance of the petition, and explain the probable course of the proceedings. Notice of the petition and the order setting the date and time of the hearing and the names of the respondent's counsel, professional person, and friend of respondent shall must be hand-delivered or mailed to the person or persons legally responsible for care, support, and maintenance of the respondent, the next of kin identified in the petition, and any other person identified by the county attorney as a possible friend of respondent other than the one named as the friend of respondent. The notice may provide, other than as to the respondent and his the respondent's counsel, that no further notice will be given unless written request is filed with the clerk of court."

Section 20.  Section 53-21-122, MCA, is amended to read:

"53-21-122.   (Temporary) Petition for commitment -- filing of -- initial hearing on. (1) The petition shall be filed with the clerk of court who shall immediately notify the judge.

(2)  (a) If a judge is available, he shall consider the petition, and if he finds no probable cause, it shall be dismissed.

(b)  (i) If the judge finds probable cause, counsel shall be immediately appointed for the respondent, and the respondent shall be brought forthwith before the court with his counsel. The respondent shall be advised of his constitutional rights, his rights under this part, and the substantive effect of the petition. The respondent may at this appearance object to the finding of probable cause for filing the petition.

(ii) The judge shall:

(A)  appoint a professional person;

(B)  appoint a friend of respondent; and

(C)  set a date and time for the hearing on the petition, which may not exceed 5 days, including weekends and holidays, unless the fifth day falls upon a weekend or holiday and unless additional time is requested on behalf of the respondent.

(iii) The desires of the respondent shall be taken into consideration in the appointment of the friend of respondent and in the confirmation of the appointment of the attorney.

(3)  If a judge is not available in the county, the clerk shall notify a resident judge by telephone and read the petition to him. If the judge finds no probable cause, the petition shall be dismissed. If the judge finds probable cause, he shall cause the clerk to issue an order appointing counsel and a professional person and setting a date and time for the hearing on the petition, which may not exceed 5 days, including weekends and holidays, unless the fifth day falls upon a weekend or holiday and unless additional time is requested on behalf of the respondent. The order shall also direct that the respondent be brought forthwith before a justice of the peace with his counsel to be advised of his constitutional rights, his rights under this part, and the contents of the clerk's order, as well as to furnish him with a copy. The justice of the peace shall ascertain the desires of the respondent with respect to the appointment of his counsel, and this shall be immediately communicated to the resident judge. The resident judge may appoint other counsel, may confer with respondent's counsel and the county attorney in order to appoint a friend of respondent, and may do all things necessary through the clerk of court by telephone as if the resident judge were personally present. (Terminates July 1, 1997--sec. 1, Ch. 541, L. 1989.)

53-21-122.   (Effective July 1, 1997) Petition for commitment -- filing of -- initial hearing on. (1) The petition shall must be filed with the clerk of court who shall immediately notify the judge.

(2)  If a judge is available, he the judge shall consider the petition, and if he the judge finds no probable cause, it shall must be dismissed. If the judge finds probable cause, counsel shall must be immediately appointed for the respondent, and the respondent shall must be brought forthwith before the court with his the respondent's counsel. The respondent shall must be advised of his the respondent's constitutional rights, his the respondent's rights under this part, and the substantive effect of the petition. The respondent may at this appearance object to the finding of probable cause for filing the petition. The judge shall appoint a professional person and a friend of respondent and set a date and time for the hearing on the petition, which that may not be on the same day as the initial appearance and that may not exceed 5 days, including weekends and holidays, unless the fifth day falls upon a weekend or holiday and unless additional time is requested on behalf of the respondent. The desires of the respondent shall must be taken into consideration in the appointment of the friend of respondent and in the confirmation of the appointment of the attorney.

(3)  If a judge is not available in the county, the clerk shall notify a resident judge by telephone and shall read the petition to him the judge. If the judge finds no probable cause, the petition shall must be dismissed. If the judge finds probable cause, he the judge shall cause the clerk to issue an order appointing counsel and a professional person and setting a date and time for the hearing on the petition, which that may not be on the same day as the initial appearance and that may not exceed 5 days, including weekends and holidays, unless the fifth day falls upon a weekend or holiday and unless additional time is requested on behalf of the respondent. The order shall must also direct that the respondent be brought forthwith before a justice of the peace with his the respondent's counsel to be advised of his the respondent's constitutional rights, his the respondent's rights under this part, and the contents of the clerk's order, as well as to furnish him the respondent with a copy. The justice of the peace shall ascertain the desires of the respondent with respect to the appointment of his counsel, and this shall information must be immediately communicated to the resident judge. The resident judge may appoint other counsel, may confer with respondent's counsel and the county attorney in order to appoint a friend of respondent, and may do all things necessary through the clerk of court by telephone as if the resident judge were personally present."

Section 21.  Section 53-21-123, MCA, is amended to read:

"53-21-123.   (Temporary) 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 shall 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 his the findings in person or by phone and shall make a written report of his the examination to the court, with copies to the respondent's attorney and the county attorney. 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(2).

(2)  The following action shall must be taken based on the professional person's findings:

(a)  If he the professional person recommends dismissal, he the professional person shall additionally notify counsel and the respondent, if he the respondent has been detained, shall 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 he the court finds that commitment proceedings should continue, the hearing shall must be held as scheduled.

(3)  The court may not order further evaluation pending the hearing unless sound medical reasons require additional time for a complete evaluation. Such The reasons shall must be set forth in the order, along with the amount of additional time needed. (Terminates July 1, 1997--sec. 1, Ch. 541, L. 1989.)

53-21-123.   (Effective July 1, 1997) 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 shall 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 his the findings in person or by phone and shall make a written report of his the examination to the court, with copies to the respondent's attorney and the county attorney. 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(2).

(2)  The following action shall must be taken based on the professional person's findings:

(a)  If he the professional person recommends dismissal, he the professional person shall additionally notify counsel and the respondent shall 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 he the court finds that commitment proceedings should continue, the hearing shall must be held as scheduled.

(3)  The court may not order further evaluation pending the hearing unless sound medical reasons require additional time for a complete evaluation. Such The reasons shall must be set forth in the order, along with the amount of additional time needed."

Section 22.  Section 53-21-126, MCA, is amended to read:

"53-21-126.   (Temporary) Trial or hearing on petition. (1) The respondent shall be present unless his presence has been waived as provided in 53-21-119(2), and he shall be represented by counsel at all stages of the trial. The trial shall be limited to the determination of whether or not the respondent is mentally ill or seriously mentally ill within the meaning set forth in this part.

(2)  The standard of proof in any hearing held pursuant to this section is proof beyond a reasonable doubt with respect to any physical facts or evidence and clear and convincing evidence as to all other matters, except that mental disorders shall be evidenced to a reasonable medical certainty. Imminent threat of self-inflicted injury or injury to others shall be evidenced by overt acts, sufficiently recent in time as to be material and relevant as to the respondent's present condition.

(3)  The professional person appointed by the court shall be present for the trial and subject to cross-examination. The trial shall be governed by the Montana Rules of Civil Procedure except that, if tried by a jury, at least two-thirds of the jurors must concur on a finding that the respondent is seriously mentally ill. The written report of the professional person that indicates the professional person's diagnosis may be attached to the petition, but any matter otherwise inadmissible, such as hearsay matter, is not admissible merely because it is contained in the report. The court may order the trial closed to the public for the protection of the respondent.

(4)  The professional person may testify as to the ultimate issue of whether the respondent is mentally ill or seriously mentally ill. Testimony from a professional person or others must be received on each element of the definition of mentally ill or seriously mentally ill as those terms are defined in 53-21-102.

(5)  The court, upon the showing of good cause and when it is in the best interests of the respondent, may order a change of venue. (Terminates July 1, 1997--sec. 1, Ch. 541, L. 1989.)

53-21-126.   (Effective July 1, 1997) Trial or hearing on petition. (1) The respondent shall must be present unless his the respondent's presence has been waived as provided in 53-21-119(2), and he the respondent shall must be represented by counsel at all stages of the trial. The trial shall must be limited to the determination of whether or not the respondent is seriously mentally ill within the meaning set forth in this part suffering from a mental disorder and requires commitment. At the trial, the court shall consider all the facts relevant to the issues of whether the respondent is suffering from a mental disorder. If the court determines that the respondent is suffering from a mental disorder, the court shall then determine whether the respondent requires commitment. In determining whether the respondent requires commitment, the court shall consider the following:

(a) whether the respondent, because of a mental disorder, is substantially unable to provide for the respondent's own basic needs of food, clothing, shelter, health, or safety;

(b) whether the respondent has recently, because of a mental disorder and through an act or an omission, caused self-injury or injury to others;

(c) whether, because of a mental disorder, there is an imminent threat of injury to the respondent or to others because of the respondent's acts or omissions; and

(d) whether the respondent's mental disorder, as demonstrated by the respondent's recent acts or omissions, will, if untreated, predictably result in deterioration of the respondent's mental condition to the point at which the respondent will become a danger to self or to others or will be unable to provide for the respondent's own basic needs of food, clothing, shelter, health, or safety. Predictability may be established by the respondent's relevant medical history.

(2)  The standard of proof in any a hearing held pursuant to this section is proof beyond a reasonable doubt with respect to any physical facts or evidence and clear and convincing evidence as to all other matters, except that. However, the respondent's mental disorders shall be evidenced disorder must be proved to a reasonable medical certainty. Imminent threat of self-inflicted injury or injury to others shall be evidenced must be proved by overt acts or omissions, sufficiently recent in time as to be material and relevant as to the respondent's present condition.

(3)  The professional person appointed by the court shall must be present for the trial and subject to cross-examination. The trial shall be is governed by the Montana Rules of Civil Procedure except that, if. However, if the issues are tried by a jury, at least two-thirds of the jurors must shall concur on a finding that the respondent is seriously mentally ill suffering from a mental disorder and requires commitment. The written report of the professional person that indicates the professional person's diagnosis may be attached to the petition, but any matter otherwise inadmissible, such as hearsay matter, is not admissible merely because it is contained in the report. The court may order the trial closed to the public for the protection of the respondent.

(4)  The professional person may testify as to the ultimate issue of whether the respondent is seriously mentally ill suffering from a mental disorder and requires commitment. This testimony is insufficient unless accompanied by evidence from the professional person or others that:

(a)  the respondent is suffering from a mental disorder; and

(b)  the mental disorder has resulted in self-inflicted injury or injury to others or the imminent threat thereof or has deprived the person afflicted of the ability to protect his life or health

(a) the respondent, because of a mental disorder, is substantially unable to provide for the respondent's own basic needs of food, clothing, shelter, health, or safety;

(b) the respondent has recently, because of a mental disorder and through an act or an omission, caused self-injury or injury to others;

(c) because of a mental disorder, there is an imminent threat of injury to the respondent or to others because of the respondent's acts or omissions; or

(d) (i) the respondent's mental disorder:

(A) has resulted in recent acts, omissions, or behaviors that create difficulty in protecting the respondent's life or health;

(B) is treatable, with a reasonable prospect of success;

(C) has resulted in the respondent's refusing or being unable to consent to voluntary admission for treatment; and

(ii) will, if untreated, predictably result in deterioration of the respondent's mental condition to the point at which the respondent will become a danger to self or to others or will be unable to provide for the respondent's own basic needs of food, clothing, shelter, health, or safety. Predictability may be established by the respondent's relevant medical history.

(5)  The court, upon the showing of good cause and when it is in the best interests of the respondent, may order a change of venue."

Section 23.  Section 53-21-127, MCA, is amended to read:

"53-21-127.   (Temporary) Posttrial disposition. (1) If, upon trial, it is determined that the respondent is not mentally ill or seriously mentally ill within the meaning of this part, the respondent must be discharged and the petition dismissed.

(2)  (a)  If it is determined in a proceeding under 53-21-121(1)(a) that the respondent is seriously mentally ill within the meaning of this part, the court shall hold a posttrial disposition hearing. The disposition hearing shall 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. At the conclusion of the disposition hearing, the court shall:

(i)  commit the respondent to a facility for a period of not more than 3 months;

(ii)  order the respondent to be placed in the care and custody of a relative or guardian or some other appropriate place other than an institution;

(iii)  order outpatient therapy; or

(iv)  make some other appropriate order for treatment.

(b)  No treatment ordered pursuant to this subsection may affect the respondent's custody for a period of more than 3 months.

(c)  In determining which of the above alternatives to order, the court shall choose the least restrictive alternatives necessary to protect the respondent and the public and to permit effective treatment. The court shall consider and shall describe in its order what alternatives for treatment of the respondent are available, what alternatives were investigated, and why the investigated alternatives were not deemed suitable. The court may authorize the chief medical officer of a facility to administer appropriate medication involuntarily if the court finds that involuntary medication is necessary to protect the respondent and the public and to facilitate effective treatment. Medication may not be involuntarily administered to a patient unless the chief medical officer of the facility 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. 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. The court shall enter into the record a detailed statement of the facts upon which it found the respondent to be seriously mentally ill and, if the court authorized involuntary medication, of the facts upon which it found involuntary medication to be necessary.

(3)  If it is determined in a proceeding under 53-21-121(1)(b) that the respondent is mentally ill within the meaning of this part, the court shall order that the respondent receive treatment for a period of no more than 30 days. The court shall choose the least restrictive course of treatment reasonably available to the respondent. The court must make a separate finding, setting forth the reason therefor if the order includes a requirement of inpatient treatment or involuntary medication. The court may not order inpatient treatment in the Montana state hospital at Warm Springs under this subsection (3). The respondent may not be required to pay for court-ordered treatment unless respondent is financially able.

(4)  Before ordering any treatment for a respondent found to be mentally ill under subsection (3), the court shall make findings of fact that treatment appropriate to the needs of the respondent is available. The court shall also indicate on the order the name of the facility that is to be responsible for the management and supervision of the respondent's treatment. No person may use physical force to administer medication. A court may use any legal means to enforce an order to take medication, including immediate detention not to exceed 72 hours, until the mentally ill person can be returned to the court. (Terminates July 1, 1997--sec. 1, Ch. 541, L. 1989.)

53-21-127.   (Effective July 1, 1997) Posttrial disposition. (1) If, upon trial, it is determined that the respondent is not seriously mentally ill 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)  (a)  If it is determined that the respondent is seriously mentally ill 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 shall 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. At the conclusion of the disposition hearing, the court shall:

(i)  commit the respondent to a facility the state hospital for a period of not more than 3 months;

(ii) commit the respondent to a community facility, program, or course of treatment for a period of not more than 3 months;

(ii)(iii)  order the respondent to be placed in the care and custody of a relative or guardian or some other appropriate place other than an institution;

(iii)(iv)  order outpatient therapy; or

(iv)(v)  make some other appropriate order for treatment.

(b)  No A treatment ordered pursuant to this subsection may not affect the respondent's custody or course of treatment for a period of more than 3 months.

(c)  In determining which of the above alternatives in subsection (2)(a) to order, the court shall choose the least restrictive alternatives necessary to protect the respondent and the public and to permit effective treatment. The court shall consider and shall describe in its order what alternatives for treatment of the respondent are available, what alternatives were investigated, and why the investigated alternatives were not deemed suitable. 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 and or the public and 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. The court shall enter into the record a detailed statement of the facts upon which it found the respondent to be seriously mentally ill and, if the court authorized involuntary medication, of the facts upon which it found involuntary medication to be necessary.

(d) 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 and may not require commitment at the state hospital.

(e) In ordering commitment pursuant to this section, the court shall make the following findings of fact:

(i) a detailed statement of the facts upon which the court found the respondent to be suffering from a mental disorder and requiring commitment;

(ii) the alternatives for treatment that were considered;

(iii) the alternatives available for treatment of the respondent;

(iv) the reason that any treatment alternatives were determined to be unsuitable for the respondent;

(v) the name of the facility, program, or individual to be responsible for the management and supervision of the respondent's treatment;

(vi) if the order includes a requirement for inpatient treatment, the reason inpatient treatment was chosen from among other alternatives; and

(vii) if the order includes involuntary medication, the reason involuntary medication was chosen from among other alternatives."

Section 24.  Section 53-21-128, MCA, is amended to read:

"53-21-128.  (Temporary) Petition for extension of commitment period. (1) To extend the 3-month period of detention provided for in 53-21-127(2), the procedure set forth in this subsection (1) must be followed:

(a)  Not less than 2 calendar weeks prior to the end of the 3-month period, the professional person in charge of the patient at the place of detention may petition the district court in the county where the patient is detained for extension of the detention period unless otherwise ordered by the original committing court. The petition shall be accompanied by a written report and evaluation of the patient's mental and physical condition. The report shall describe any tests and evaluation devices which have been employed in evaluating the patient, the course of treatment which has been undertaken for the patient, and the future course of treatment anticipated by the professional person.

(b)  Upon the filing of the petition, the court shall give written notice of the filing of the petition to the patient, his next of kin, if reasonably available, the friend of respondent appointed by the court, and the patient's counsel. If any person so notified requests a hearing prior to the termination of the previous detention authority, the court shall immediately set a time and place for a hearing on a date not more than 10 days from the receipt of the request and notify the same people, including the professional person in charge of the patient. If a hearing is not requested, the court shall enter an order of commitment for a period not to exceed 6 months.

(c)  Procedure on the petition for extension when a hearing has been requested shall be the same in all respects as the procedure on the petition for the original 3-month commitment except the patient is not entitled to trial by jury. The hearing shall be held in the district court having jurisdiction over the facility in which the patient is detained unless otherwise ordered by the court. Court costs and witness fees, if any, shall be paid by the county that paid the same costs in the initial commitment proceedings.

(d)  If upon the hearing the court finds the patient not seriously mentally ill within the meaning of this part, he shall be discharged and the petition dismissed. If the court finds that the patient continues to suffer from serious mental illness, the court shall order commitment, custody in relatives, outpatient therapy, or other order as set forth in 53-21-127(2) except that no order may affect his custody for more than 6 months. In its order, the court shall describe what alternatives for treatment of the patient are available, what alternatives were investigated, and why the investigated alternatives were not deemed suitable. The court shall not order continuation of an alternative which does not include a comprehensive, individualized plan of treatment for the patient. A court order for the continuation of an alternative shall include a specific finding that a comprehensive, individualized plan of treatment exists.

(2)  To extend the period of treatment provided for in 53-21-127(3), the procedure set forth in this subsection (2) must be followed:

(a)  Not less than 7 days prior to the end of the 30-day period of treatment ordered under 53-21-127(3), the professional person in charge of the respondent's care may petition the court for extension of the treatment period. The petition must be accompanied by a written report and evaluation of the respondent's mental and physical condition. The report shall describe any tests and evaluation devices which have been employed in evaluating the respondent, the course of treatment which has been undertaken for the respondent, and the future course of treatment anticipated by the professional person.

(b)  Upon the filing of the petition, the court shall give written notice of the filing of the petition to the respondent, his next of kin, if reasonably available, the friend of respondent appointed by the court, if any, and the respondent's counsel. If any person so notified requests a hearing prior to the termination of the previous detention authority, the court shall immediately set a time and place for a hearing on a date not more than 5 days from the receipt of the request and notify the same people, including the professional person in charge of the respondent. If a hearing is not requested, the court shall enter an order of treatment for a period not to exceed 30 days.

(c)  Procedure on the petition for extension when a hearing has been requested shall be the same in all respects as the procedure on the petition under 53-21-121(1)(b) for the original treatment except that the respondent is not entitled to trial by jury. The hearing shall be held in the district court for the county in which the treatment is being supervised unless otherwise ordered by the court. Court costs and witness fees, if any, shall be paid by the county that paid the same costs in the initial proceedings.

(d)  If upon the hearing the court finds the respondent not mentally ill within the meaning of this part, the petition shall be dismissed. If the court finds that the respondent continues to be mentally ill, the court shall order treatment for the respondent for a period not to exceed 30 days. In its order, the court shall describe what alternatives for treatment of the respondent are available, what alternatives were investigated, and why the investigated alternatives were not considered suitable. The court may not order continuation of an alternative which does not include a comprehensive, individualized plan of treatment for the respondent. A court order for the continuation of an alternative shall include a specific finding that a comprehensive, individualized plan of treatment exists.

(3)  Further extensions of the period of detention provided for in 53-21-127(2) may be obtained under the same procedure described in subsection (1) except that the patient's custody may not be affected for more than 1 year without a renewal of the commitment under the procedures set forth in subsection (1), including a statement of the findings required by subsection (1).

(4)  The period of treatment provided for in 53-21-127(3) may be extended only once under this section. (Terminates July 1, 1997--sec. 1, Ch. 541, L. 1989.)

53-21-128.   (Effective July 1, 1997) Petition for extension of commitment period. (1) (a) Not less than 2 calendar weeks prior to the end of the 3-month period of detention commitment provided for in 53-21-127(2), the professional person in charge of the patient at the place of detention commitment may petition the district court in the county where the patient is detained committed for extension of the detention commitment period unless otherwise ordered by the original committing court. The petition shall must be accompanied by a written report and evaluation of the patient's mental and physical condition. The report shall must describe any tests and evaluation devices which that have been employed in evaluating the patient, the course of treatment which has been that was undertaken for the patient, and the future course of treatment anticipated by the professional person.

(b)  Upon the filing of the petition, the court shall give written notice of the filing of the petition to the patient, his the patient's next of kin, if reasonably available, the friend of respondent appointed by the court, and the patient's counsel. If any person so notified requests a hearing prior to the termination of the previous detention commitment authority, the court shall immediately set a time and place for a hearing on a date not more than 10 days from the receipt of the request and notify the same people, including the professional person in charge of the patient. If a hearing is not requested, the court shall enter an order of commitment for a period not to exceed 6 months.

(c)  Procedure on the petition for extension when a hearing has been requested shall must be the same in all respects as the procedure on the petition for the original 3-month commitment except the patient is not entitled to trial by jury. The hearing shall must be held in the district court having jurisdiction over the facility in which the patient is detained unless otherwise ordered by the court. Court costs and witness fees, if any, shall must be paid by the county that paid the same costs in the initial commitment proceedings.

(d)  If upon the hearing the court finds the patient not seriously mentally ill to be suffering from a mental disorder and requiring commitment within the meaning of this part, he the patient shall must be discharged and the petition dismissed. If the court finds that the patient continues to suffer from serious mental illness a mental disorder and to require commitment, the court shall order commitment, custody in relatives, outpatient therapy, or other order as set forth in 53-21-127(2) except that no. However, an order may not affect his the patient's custody for more than 6 months. In its order, the court shall describe what alternatives for treatment of the patient are available, what alternatives were investigated, and why the investigated alternatives were not deemed found suitable. The court shall may not order continuation of an alternative which that does not include a comprehensive, individualized plan of treatment for the patient. A court order for the continuation of an alternative shall must include a specific finding that a comprehensive, individualized plan of treatment exists.

(2)  Further extensions may be obtained under the same procedure described in subsection (1) except that; however, the patient's custody may not be affected for more than 1 year without a renewal of the commitment under the procedures set forth in subsection (1), including a statement of the findings required by subsection (1)."

Section 25.  Section 53-21-129, MCA, is amended to read:

"53-21-129.  Emergency situation -- petition -- detention. (1) When an emergency situation exists, a peace officer may take any person who appears to be seriously mentally ill and as a result of serious mental illness to be a danger to others or to himself have a mental disorder and to present an imminent danger of death or bodily harm to the person or to others 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 appears to be seriously mentally ill is a danger to the person or to others because of a mental disorder and that an emergency situation 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 his findings with the county attorney who, if he 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 his the professional person's actions.

(3)  The county attorney of any a county may make arrangements with any a federal, state, regional, or private mental facility or with a mental health facility in any a county for the detention of persons held pursuant to this section. Whenever 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 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 must shall certify to the county attorney that the facility does not have adequate room at that time.

(4)  However, before any a person is transferred to the state hospital under this section, the state hospital must be notified prior to transfer and must shall state that a bed is available for the person."

Section 26.  Section 53-21-132, MCA, is amended to read:

"53-21-132.  Cost of examination and commitment. (1) The cost of the precommitment examination, committal, detention, treatment, and taking a person who is seriously mentally ill suffering from a mental disorder and who requires commitment to a mental health facility must be paid by the county in which he the person resides at the time he that the person is adjudged to be seriously mentally ill committed. The sheriff must be allowed the actual expenses incurred in taking a committed person who is seriously mentally ill to the facility, as provided by 7-32-2144.

(2)  The county of residence shall also pay all precommitment expenses, including transportation to a mental health facility, incurred in connection with the detention, examination, and precommitment custody of the respondent. However, the county of residence is not required to pay costs of treatment and custody of the respondent after the respondent is committed pursuant to this part. The fact that a person is examined, hospitalized, or receives medical, psychological, or other mental health treatment pursuant to this part does not relieve a third party from a contractual obligation to pay for the cost of the examination, hospitalization, or treatment.

(3) The adult respondent or the parent or guardian of a minor shall pay the cost of treatment and custody ordered pursuant to 53-21-127, except to the extent that the adult or minor is eligible for public mental health program funds.

(4) A community service provider that is a private, nonpublic provider may not be required to treat or treat without compensation a person who has been committed."

Section 27.  Section 53-21-134, MCA, is amended to read:

"53-21-134.  Receipt of seriously mentally ill nonresident person suffering from a mental disorder pending return to home state. A person who is seriously mentally ill suffering from a mental disorder and in need of commitment and who is not a resident of this state may be received into the state hospital for a period not to exceed 30 days pending return to the state of his the person's residence."

Section 28.  Section 53-21-138, MCA, is amended to read:

"53-21-138.  Diversion of certain mentally ill persons suffering from mental disorders from jail. (1) The sheriff or administrator of a jail in each county shall require screening of inmates to identify persons accused of minor misdemeanor offenses who appear to be seriously mentally ill suffering from mental disorders and who require commitment, as defined in 53-21-102.

(2)  If as a result of screening and observation it is believed that an inmate is seriously mentally ill suffering from a mental disorder and requires commitment, the sheriff or administrator of the jail shall:

(a)  request services from a crisis intervention program established by the department, as provided for in 53-21-139;

(b)  refer the inmate to the nearest community mental health center, as defined in 53-21-201; or

(c)  transfer the inmate to a private mental health facility or hospital equipped to provide treatment and care of persons who are seriously mentally ill suffering from a mental disorder and who require commitment.

(3)  As used in this section, the term "minor misdemeanor offense" includes but is not limited to a nonserious misdemeanor, such as criminal trespass to property, loitering, vagrancy, disorderly conduct, and disturbing the public peace.

(4)  A person intoxicated by drugs or alcohol who is accused of a minor misdemeanor offense may be detained in a jail until the level of intoxication is reduced to the point that screening for serious mental illness a mental disorder and the need for commitment can be performed."

Section 29.  Section 53-21-139, MCA, is amended to read:

"53-21-139.  Crisis intervention programs. (1) The department shall, subject to available appropriations, establish crisis intervention programs. The programs must be designed to provide 24-hour emergency admission and care of seriously mentally ill persons suffering from a mental disorder and requiring commitment in a temporary, safe environment in the community as an alternative to placement in jail.

(2)  The department shall provide information and technical assistance regarding needed services and assist counties in developing county plans for crisis intervention services and for the provision of alternatives to jail placement.

(3)  The department may provide crisis intervention programs as:

(a)  a rehabilitative service under 53-6-101(3)(j); and

(b)  a targeted case management service authorized in 53-6-101(3)(n)."

Section 30.  Section 53-21-144, MCA, is amended to read:

"53-21-144.  Rights concerning photographs. (1) A person admitted to a mental health facility may be photographed upon admission for identification and the for the clinical or administrative purposes of the facility. Such The photographs shall be are confidential and shall not be released by the facility except pursuant to court order. Photographs may be released to a law enforcement agency when needed to aid in the search for a person who has left a facility without authorization from the facility's medical staff and when it is determined that the person is a self-threat or self-danger or a threat or danger to others at the time that the person left the facility. A law enforcement agency may not subsequently release photographs to the public or other persons unless authorized by a court order.

(2)  No other Other nonmedical photographs shall may not be taken or used without consent of the patient or, if applicable, the patient's legal guardian or without a court order."

Section 31.  Section 53-21-182, MCA, is amended to read:

"53-21-182.  Court-ordered release to alternative placement or treatment. At any time during the patient's commitment, the court may, on its own initiative or upon application of the professional person in charge of the patient, the patient, his the patient's next of kin, his the patient's attorney, a third party responsible for payment for the care of the patient, or the friend of respondent appointed by the court, order the patient to be placed in the care and custody of relatives or guardians or to be provided outpatient therapy or other appropriate placement or treatment."

Section 32.  Section 53-21-195, MCA, is amended to read:

"53-21-195.  Rehospitalization of patient conditionally released from inpatient treatment facilities -- petition. (1) A proceeding for the rehospitalization of a patient conditionally released from an inpatient mental health facility pursuant to 53-21-182 or 53-21-183 is commenced by the filing of a written petition in any district court by the county attorney, the professional person in charge of the patient's case, or the patient's next of kin. Upon the filing of a petition under this subsection, the clerk of court shall notify each district court that committed the patient for the period of his the patient's present hospitalization under 53-21-127 or 53-21-128 and request that the file of the earlier proceeding or proceedings be forwarded to the clerk. The file or files must be promptly forwarded.

(2)  The patient has the rights set forth in 53-21-115 in a proceeding under this section.

(3)  The petition must state:

(a)  the patient's name and last-known address;

(b)  the name and address of the patient's spouse, next of kin, attorney, or the friend of respondent appointed by the court, if any and if this information is reasonably ascertainable;

(c)  that the patient has been determined by the district court to be seriously mentally ill suffering from a mental disorder and requiring commitment within the meaning of this part and is presently under a valid order of commitment pursuant to 53-21-127 or 53-21-128;

(d)  a simple and precise statement of the facts showing that the patient has violated a condition of the release, that the violation has caused a deterioration of the patient's mental disorder, and that as a result of this deterioration, the patient can no longer be appropriately served by outpatient care; and

(e)  a statement of the rights of the respondent, including those set forth in 53-21-115, which must be in conspicuous print and identified by a suitable heading.

(4)  The petition must be filed with the clerk of court, who shall immediately notify the judge.

(5)  The judge shall issue notice of the time and place of the hearing on the petition. The hearing must be held no more than 5 days after the date that the petition is filed, including weekends and holidays, unless the fifth day falls upon a weekend or holiday or unless additional time is requested by the patient. Further, the judge must shall ensure that the notice and copy of the petition are immediately hand-delivered to the patient, to his the patient's friend of respondent, if any, and to his the patient's counsel."

Section 33.  Section 53-21-197, MCA, is amended to read:

"53-21-197.  Hearing on rehospitalization petition -- revocation of conditional release. (1) The court may order that the patient's conditional release status be revoked and that the patient be returned to the mental health facility from which he the patient was conditionally released or be sent to another appropriate inpatient mental health facility if, after a hearing, the court finds by clear and convincing evidence that:

(a)  the conditionally released patient has been determined by the district court to be seriously mentally ill suffering from a mental disorder and requiring commitment and is presently under a valid order of commitment pursuant to 53-21-127 or 53-21-128; and

(b)  the conditionally released patient has violated a condition of the release, that the violation has caused a deterioration of the patient's mental condition, and that as a result of this deterioration, the patient can no longer be appropriately served by outpatient care.

(2)  A revocation of the patient's conditional release status under subsection (1) must be based on the testimony of the professional person responsible for the patient's case.

(3)  If the court revokes the patient's conditional release status pursuant to subsection (1), a treatment plan must be updated or a new plan prepared for the patient as required by and within the time set forth in 53-21-162.

(4)  Except as provided in 53-21-198, an order revoking the patient's conditional release status may not order hospitalization or impose other conditions of release that extend beyond the expiration date of the order committing the patient under 53-21-127 or 53-21-128."

Section 34.  Section 53-21-198, MCA, is amended to read:

"53-21-198.  Extension of conditions of release -- hearing. (1) Conditions of release may be extended by the district court beyond the expiration date of the order committing the patient under 53-21-127 or 53-21-128, but in no case for longer than 2 years beyond that date, upon a showing by clear and convincing evidence that:

(a)  continuation of the conditions of release is necessary to prevent the deterioration of the patient's mental disorder; and

(b)  the deterioration will predictably result in the necessity of further inpatient care for the person patient. Predictability may be established by the patient's medical history.

(2)  Not less than 2 calendar weeks prior to the end of the period of detention ordered under 53-21-127 or 53-21-128 or the period of extension ordered under subsection (5) of this section, the professional person responsible for the patient's case may petition the court for extension of the conditions of release. The petition must be accompanied by a written report and evaluation of the patient's mental and physical condition. The report must describe any tests and evaluation devices which that have been employed in evaluating the patient, the course of treatment which that has been undertaken for the patient, and the future course of treatment anticipated by the professional person.

(3)  Upon the filing of the petition, the court shall give written notice of the filing of the petition to the patient, his the patient's next of kin, if reasonably available, the friend of respondent appointed by the court, if any, and the patient's counsel. If any person so notified requests a hearing prior to the end of the period of detention ordered under 53-21-127 or 53-21-128, the court shall immediately set a time and place for a hearing on a date not more than 10 days from the receipt of the request and notify the same people, including the professional person in charge of the patient. If a hearing is not requested, the court shall enter an order extending the conditions of release for a period not to exceed 6 months.

(4)  Procedure on the petition for extension is the same in all respects as the procedure for hearing on a rehospitalization petition pursuant to 53-21-197 except that. However, in an extension proceeding, the finding required is that set forth in subsection (1) of this section. The hearing must be held in the district court for the county in which the patient is residing. Court costs and witness fees, if any, must be paid by the county that paid the same costs in the initial commitment proceeding.

(5)  If upon the hearing the court finds that the showing required by subsection (1) has not been made, the conditions of release may not be extended. If the court finds that the required showing has been made, the court may extend the conditions of release as recommended by the professional person. In its order, the court shall describe what alternatives for treatment of the patient are available, what alternatives were investigated, and why the investigated alternatives were not deemed considered suitable. The court may not order continuation of an alternative that does not include a comprehensive, individualized plan of treatment for the patient, as required by 53-21-162. A court order for the continuation of an alternative shall must include a specific finding that a comprehensive, individualized plan of treatment exists.

(6)  Further extensions may be obtained under the same procedure described in this section except that. However, the patient's custody may not be affected for more than 1 year without a renewal of the extension under the procedures set forth in this section, including a hearing and a statement of the findings required by subsection (5). Extensions under this subsection may not extend the 2-year extension limitation provided in subsection (1)."

Section 35.  Section 70-19-413, MCA, is amended to read:

"70-19-413.  Certain disabilities to suspend running of statutory period. (1) Subsection (2) applies if a person entitled to commence an action for the recovery of real property or for the recovery of the possession thereof of real property or to make any entry or defense founded on the title to real property or to rents or services out of the same is, at the same time such the title first descends or accrues:

(a)  under the age of majority;

(b)  seriously mentally ill committed pursuant to 53-21-127; or

(c)  imprisoned on a criminal charge or in execution upon conviction of a criminal offense for a term of less than for life.

(2)  The time during which disability continues is not considered any portion of the time in this chapter limited for the commencement of such the action or the making of such the entry or defense, but such. The action may be commenced or entry or defense made within the period of 5 years after such the disability ceases or after the death of the person entitled who dies under such the disability, but such the action may not be commenced or entry or defense made after that period."

Section 36.  Section 70-29-113, MCA, is amended to read:

"70-29-113.  Death or incompetency of parties -- proceedings not delayed. (1) If during the pendency of the action any of the parties a party dies or becomes seriously mentally ill, is committed pursuant to 53-21-127, or otherwise becomes incompetent, the proceedings may not for that cause be delayed or suspended, but the attorney who has appeared for the party may continue to represent such the party's interest. If any party has not appeared by an attorney, the court shall appoint an attorney to represent the interest which that was held by the party until his the party's heirs or, legal representatives, or successors in interest have appeared in the action.

(2)  An attorney so appointed shall pursuant to subsection (1) must be allowed by the court a reasonable compensation for his the attorney's services, which. The compensation may be taxed as costs against the share or interest represented by the attorney and may be adjudged a lien thereon on the share or interest, in the discretion of the court."

Section 37.  Section 70-29-210, MCA, is amended to read:

"70-29-210.  Consent of guardian to share of ward. The general guardian of a minor and the guardian entitled to the custody and management of the estate of a seriously mentally ill person committed pursuant to 53-21-127 or other person adjudged incapable of conducting his the person's own affairs, who is interested in real estate held in joint tenancy or in common or in any other manner so as to authorize his the person being made a party to an action, may agree upon the share to be set off to such the minor or other person entitled and to the share. The guardian may execute a release, in his the person's behalf, to the owners of the shares of the parts to which they may be respectively entitled, upon an order of the court."

Section 38.  Section 70-29-328, MCA, is amended to read:

"70-29-328.  Incompetent's share of proceeds -- payment to guardian. The guardian who may be entitled to the custody and management of the estate of a seriously mentally ill person committed pursuant to 53-21-127 or other person adjudged incapable of conducting his the person's own affairs, whose interest in real property has been sold, may receive in on behalf of such the person his the person's share of the proceeds of such the real property from the referees. The guardian may receive the interest on executing an undertaking with sufficient sureties an undertaking, a surety. The undertaking must be approved by a judge of the court, that he and must state that the guardian will faithfully discharge the trust reposed placed in him the guardian and will render a true and just make an accurate account to the person entitled to the accounting or to his the person's legal representative."

Section 39.  Section 72-5-322, MCA, is amended to read:

"72-5-322.  Petition of guardian for treatment of ward. (1) If a guardian believes his that the guardian's ward should receive medical treatment for a mental disorder and the ward refuses, the court may, upon petition by the guardian, grant an order for evaluation or treatment, provided that no such order shall. However, the order may not forcibly detain the ward against his the ward's will for more than 72 hours.

(2)  The ward is entitled to an appointment of counsel and a hearing along with all the other rights guaranteed seriously mentally ill persons to a person with a mental disorder and who requires commitment under 53-21-114, 53-21-115, 53-21-119, and 53-21-120."

Section 40.  Saving clause. [This act] does not affect rights and duties that matured, penalties that were incurred, or proceedings that were begun before [the effective date of this act].

Section 41.  Effective date. [This act] is effective July 1, 1997.

-END-