Montana Code Annotated 2023

TITLE 53. SOCIAL SERVICES AND INSTITUTIONS

CHAPTER 21. MENTALLY ILL

Part 1. Treatment of the Seriously Mentally Ill

Discharge During Or At End Of Initial Commitment Period -- Patient's Right To Referral

53-21-181. Discharge during or at end of initial commitment period -- patient's right to referral. (1) (a) At any time within the period of commitment provided for in 53-21-127, the patient may be discharged on the written order of the professional person in charge of the patient without further order of the court.

(b) If the patient is not discharged within the period of commitment and if the term is not extended as provided for in 53-21-128, a patient whose commitment was to a facility other than a category D assisted living facility must be discharged by the facility at the end of the period of commitment without further order of the court.

(c) A patient who was committed to a category D assisted living facility may be discharged from supervision by the court but may remain as a resident if the category D assisted living facility and the patient agree.

(2) Notice of the discharge must be filed with the court and the county attorney at least 5 days prior to the discharge. Failure to comply with the notice requirement may not delay the discharge of the patient.

(3) Upon being discharged, each patient has a right to be referred, as appropriate, to other providers of mental health services.

History: En. 38-1306 by Sec. 6, Ch. 466, L. 1975; amd. Sec. 6, Ch. 546, L. 1977; R.C.M. 1947, 38-1306(2); amd. Sec. 9, Ch. 579, L. 1991; amd. Sec. 14, Ch. 342, L. 2001; amd. Sec. 2, Ch. 207, L. 2017; amd. Sec. 7, Ch. 402, L. 2017.