Montana Code Annotated 2019

TITLE 53. SOCIAL SERVICES AND INSTITUTIONS

CHAPTER 30. CORRECTIONS

Part 7. Restrictive Housing

Mental Health Status Review

53-30-708. (Effective January 1, 2020) Mental health status review. (1) When a housing or management unit exists for adult or youth inmates with mental health issues, a mental disorder, or mental illness, procedures adopted pursuant to 53-30-703(7) must provide for placements, assessments, specialized treatments, program services, and scheduled case reviews by qualified mental health professionals in accordance with policies established by the department.

(2) Upon notification that an inmate has been placed in restrictive housing, a qualified health care professional will review the inmate's health record. If an existing medical, mental health, or dental need requires accommodation, custody staff must be notified. When reviewing the health records of an inmate with a mental disorder, health staff shall assess the risk of exacerbation of mental disorder and notify mental health staff. This review and notification must be documented in the inmate's health record.

(3) The procedures established pursuant to 53-30-703(7) must provide that an inmate entering restrictive housing must be seen and assessed by a qualified mental health professional or health care professional, in accordance with the national commission on correctional health care standards. Each contact must be documented on the inmate's log, and the notation must contain, at a minimum, a status report and the date and time of the contact. Individual logs must be filed in the inmate's medical and mental health records.

(4) A qualified mental health professional shall complete a mental health appraisal within 72 hours of an inmate's placement in restrictive housing. The appraisal may include a mental health screening that has been completed by health care personnel at the time the inmate is placed in restrictive housing. If confinement continues beyond 30 days, a qualified mental health professional shall complete a behavioral health assessment at least every 14 days for an inmate with a diagnosed behavioral or mental health disorder and more frequently if clinically indicated. For an inmate without a behavioral health disorder, the assessment must be completed every 14 days and more frequently if clinically indicated. The behavioral health assessment must be conducted in a manner that ensures confidentiality.

(5) An inmate diagnosed with a serious mental disorder may not be placed in restrictive housing for more than 14 days unless a multidisciplinary service team determines there is an immediate and present danger to others or to the safety of the institution. If an inmate with a serious mental disorder is placed in restrictive housing, the inmate must be provided with an active individualized treatment plan that includes weekly monitoring by mental health staff, treatment as necessary, and steps to facilitate the transition of the inmate back into the general population.

History: En. Sec. 5, Ch. 482, L. 2019.