Montana Code Annotated 2015

Clickable Image


     53-21-115. Procedural rights. In addition to any other rights that may be guaranteed by the constitution of the United States and of this state, by the laws of this state, or by this part, any person who is involuntarily detained or against whom a petition is filed pursuant to this part has the following rights:
     (1) the right to notice reasonably in advance of any hearing or other court proceeding concerning the person;
     (2) the right in any hearing to be present, to offer evidence, and to present witnesses in any proceeding concerning the person;
     (3) the right to know, before a hearing, the names and addresses of any witnesses who will testify in support of a petition;
     (4) the right in any hearing to cross-examine witnesses;
     (5) the right to be represented by counsel;
     (6) the right to remain silent;
     (7) the right in any hearing to be proceeded against according to the rules of evidence applicable to civil matters generally;
     (8) the right to view and copy all petitions on file with the court concerning the person;
     (9) the right to be examined by a professional person of the person's choice when the professional person is willing and reasonably available;
     (10) the right to be dressed in the person's own clothes at any hearing held pursuant to this part;
     (11) the right to refuse any but lifesaving medication for up to 24 hours prior to any hearing held pursuant to this part; and
     (12) the right to voluntarily take necessary medications prior to any hearing pursuant to this part.

     History: En. 38-1304 by Sec. 4, Ch. 466, L. 1975; amd. Sec. 4, Ch. 546, L. 1977; R.C.M. 1947, 38-1304(4); amd. Sec. 5, Ch. 547, L. 1979; amd. Sec. 3, Ch. 376, L. 1987; amd. Sec. 17, Ch. 490, L. 1997.

Previous Section MCA Contents Part Contents Search Help Next Section