SENATE BILL NO. 124
INTRODUCED BY T. BECK
BY REQUEST OF THE DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES
AN ACT GENERALLY REVISING LAWS RELATING TO MENTAL HEALTH; DELETING THE REQUIREMENT FOR DEPARTMENT APPROVAL OF VOLUNTARY ADMISSION FORMS; SPECIFYING THE CONTENT OF VOLUNTARY ADMISSION FORMS AND SPECIFYING THE REQUIREMENTS FOR A VALID VOLUNTARY ADMISSION; PROVIDING TRANSFER PROVISIONS FOR A PERSON IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS; AMENDING TIME PROVISIONS RELATED TO NONRESIDENT COMMITMENT; CLARIFYING THE CRITERIA FOR DIVERSION FROM A DETENTION CENTER OF CERTAIN PERSONS SUFFERING FROM A MENTAL DISORDER; REQUIRING A STATEMENT OF FINANCIAL RESOURCES NEEDED FOR DISCHARGE PLANNING; AMENDING THE FUNCTION OF THE MONTANA STATE HOSPITAL; AMENDING SECTIONS 53-21-111, 53-21-130, 53-21-134, 53-21-138, 53-21-180, AND 53-21-601, MCA; REPEALING SECTION 53-21-188, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 53-21-111, MCA, is amended to read:
"53-21-111. Voluntary admission -- content of admission form -- requirements for valid admission. (1) (a)
Nothing in this This part may not be construed to limit the right of any a person to make voluntary application for admission
at any time to any a mental health facility or professional person.
(b) An application for admission to a mental health facility must be in writing on a form prescribed by the facility and
approved by the department. An application is not valid unless it is approved by a professional person and a copy is given to
the person being voluntarily admitted. The form must explain:
(i) the process for requesting release and that the request must be in writing;
(ii) that the individual applying for release may be held involuntarily for up to 5 days after requesting release; and
(iii) that the facility may request a court to involuntarily commit the applicant.
(c) A statement of the rights of the person voluntarily applying for admission, as set out in this part, including the right
to release, must be furnished to the patient within 12 hours.
(2) Any An applicant who wishes to voluntarily apply for admission to the state hospital shall first obtain certification
from a professional person that the applicant is suffering from a mental disorder. The professional person shall then obtain
confirmation from the department or the department's designee that the facilities available to the mental health region in
which the applicant resides are unable to provide adequate evaluation and treatment. The department shall adopt rules to
establish a procedure whereby a professional person shall obtain the confirmation from the department or the department's
designee as required in this section.
(3) An application for voluntary admission must give the facility the right to detain the applicant for no more than 5 days, excluding weekends and holidays, past the applicant's written request for release. A mental health facility may adopt rules providing for detention of the applicant for less than 5 days. The facility shall notify all applicants of the rules and post the rules as provided in 53-21-168.
(4) An individual applying for voluntary admission pursuant to this section may not be admitted unless:
(a) the admission is approved by a professional person;
(b) the individual applying for admission has been informed orally of the matters required by subsection (1)(b) to be stated in the written application for admission;
(c) a copy of the written application for admission has been given to the applicant; and
(d) the admission otherwise complies with the requirements of this section.
(4)(5) Any A person voluntarily entering or remaining in any a mental health facility shall enjoy all the rights secured to
a person involuntarily committed to the facility."
Section 2. Section 53-21-130, MCA, is amended to read:
"53-21-130. Transfer or commitment to mental health facility from other institutions. (1) No A person who is in
the custody of the department for any purpose other than treatment of severe mental illness may not be transferred or
committed to a mental health facility for more than 10 days unless the transfer or commitment is effected according to the
procedures set out in this part. However, proceedings for involuntary commitment may be commenced in the county of the
mental health facility where the person is, in the county of the institution from which the person was transferred to the
mental health facility, or in the county of the person's residence. Notice of a transfer shall must be given immediately to any
the assigned counsel at the mental health facility and to the parents of minors, guardians, friends of respondent, or
conservators, as the case may be.
(2) A person who is in the custody of the department of corrections may be transferred for placement in a mental health facility for a period of up to 10 days, subject to the approval of the mental health facility. A placement in excess of 10 days must be performed according to the procedures for voluntary admission or involuntary commitment as provided in this part. Proceedings for involuntary commitment may be commenced in the county of the mental health facility where the person is placed or in the county of the correctional facility from which the person was transferred. Notice of a transfer must be given to the legal counsel for the person and to the parents of minors, guardians, friends of respondent, or conservators."
Section 3. Section 53-21-134, MCA, is amended to read:
"53-21-134. Receipt of nonresident person suffering from a mental disorder pending return to home state. A
person who is suffering from a mental disorder and in need of commitment and who is not a resident of this state may be
received into committed to the state hospital for a period not to exceed 30 days pending return to the state of the person's
residence pursuant to this part. The state hospital shall make every effort to return the nonresident to the state of the person's
residence as provided in chapter 22, part 1, of this title."
Section 4. Section 53-21-138, MCA, is amended to read:
"53-21-138. Diversion of certain persons suffering from mental disorders from jail detention center. (1) The
sheriff or administrator of a jail detention center in each county shall require screening of inmates to identify persons
accused of minor misdemeanor offenses who appear to be suffering from mental disorders and who may require
commitment, as defined in 53-21-102.
(2) If as a result of screening and observation it is believed that an inmate is suffering from a mental disorder and may
requires require commitment, the sheriff or administrator of the jail detention center 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 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 a mental disorder and the need for commitment can be performed."
Section 5. Section 53-21-180, MCA, is amended to read:
"53-21-180. Discharge plan. Each patient admitted as an inpatient to a mental health facility must have an individualized discharge plan developed within 10 days after admission. The discharge plan must be updated as necessary. Each individualized discharge plan must contain:
(1) an anticipated discharge date;
(2) criteria for discharge;
(3) identification of the facility staff member responsible for discharge planning;
(4) identification of the community-based agency or individual that who is assisting in arranging postdischarge services;
and
(5) referrals for financial assistance needed by the patient upon discharge; and
(6) other information necessary to ensure an appropriate discharge and adequate postdischarge services."
Section 6. Section 53-21-601, MCA, is amended to read:
"53-21-601. Location and primary function of hospital. (1) The facility providing mental health care services at Warm Springs, Montana, is the Montana state hospital and as its primary function provides care and treatment of mentally ill persons.
(2) (a) The Montana state hospital is a mental health facility, as defined in 53-21-102, of the department of public health and human services for the care and treatment of mentally ill persons.
(b) The role of the Warm Springs facility Montana state hospital is to provide intensive inpatient psychiatric services,
including those services necessary for transition to community care, as one component components in a comprehensive
continuum of publicly and privately provided programs that emphasize treatment in the least restrictive environment.
(c) The mission of the Warm Springs facility Montana state hospital is to stabilize persons with severe mental illness
and to return them to the community as soon as possible if adequate community-based support services are available.
(3) The department shall adopt rules to manage the state hospital patient population in a manner that will ensure emergency access to services, protect public and individual safety, provide active treatment, implement effective discharge planning, and ensure access to appropriate community-based services."
Section 7. Repealer. Section 53-21-188, MCA, is repealed.
Section 8. Effective date. [This act] is effective on passage and approval.
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