Montana Code Annotated 2023



Part 3. Treatment of Alcoholics and Intoxicated Persons

Preferential Placement At And Referral To Certified Recovery Residences -- Informed Consent Required For Placement In Certain Certified Recovery Residences

53-24-314. Preferential placement at and referral to certified recovery residences -- informed consent required for placement in certain certified recovery residences. (1) The department of corrections shall establish a preference for certified recovery residences by encouraging and assisting appropriate individuals seeking placements in recovery residences.

(2) (a) A judge, justice of the peace, or magistrate may not refer an individual to an uncertified recovery residence.

(b) (i) A judge, justice of the peace, or magistrate shall refer an individual to at least two recovery residences, one of which must support United States food and drug administration-approved medication-assisted treatment of substance use disorders.

(ii) A judge, justice of the peace, or magistrate may not refer an individual to a certified recovery residence that does not permit the individual to receive treatment or take medication prescribed by a qualified health care provider without the informed consent of the individual who is subject to the referral.

(c) In addition to the requirements of subsection (2)(b), when referring an individual to a recovery residence, a qualified health care provider, judge, justice of the peace, or magistrate shall consider the:

(i) culture of the recovery residence, including but not limited to the permissiveness of unhealthy behaviors, current residents' commitment to recovery and support of other residents, requirements and support to attend and seek clinical treatment and outside nonclinical sobriety support, and the general living environment;

(ii) geographic area, neighborhood, or external surrounding environment of the recovery residence;

(iii) physical living environment of the recovery residence;

(iv) level of training and professionalism of residence staff;

(v) recovery residence's reputation regarding ethical business practices, which may include but is not limited to fraud and abuse of residents;

(vi) recovery residence's relapse policy; and

(vii) availability of opioid-overdose reversal drugs.

(3) Any judge, magistrate, or justice of the peace who violates subsection (2)(a) is subject to disciplinary action by the judicial standards commission pursuant to Title 3, chapter 1, part 11.

(4) Subsection (2)(a) does not otherwise limit the referral options available for a person in recovery from a substance use disorder to any other appropriate placements or services.

History: En. Sec. 5, Ch. 648, L. 2023.