All Roll Calls
Yes: 257 • No: 38
MontanaSB 42969th Legislature, Regular Session (2025)Senate
Generally revise laws related to determination and restoration of fitness in criminal proceedings
Sponsored By: John Esp (Republican)
Signed by Governor
InstitutionsMental Illness or IncapacityCriminal ProcedureRule MakingState GovernmentRevenue, State
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 1 benefits, 0 costs, 2 mixed.
Rules for unfit defendants and treatment
If a defendant is found unfit, the case is paused and the person is placed in DPHHS custody in an appropriate facility. Facilities must make a treatment plan, and they may medicate without consent only under strict criteria, with notice, a hearing, and appeal rights. If a jailed defendant needs treatment, the county attorney can ask the court to order treatment, including involuntary meds; the person gets a prompt hearing and an evaluation. The court must review status within 90 days and then at least every 30 days or on a schedule it sets. If the person becomes fit, they return to court; if they stay unfit and are unlikely to become fit and no alternatives work, the court dismisses the case without prejudice and the prosecutor may seek civil commitment. If unfitness is due to a developmental disability, the court must dismiss and move the case to the disability disposition process. The State Hospital gives first priority to pretrial defendants ordered there for evaluation/treatment and second to pretrial defendants charged with a crime of violence with a transport order. The court or court administrator pays for transport, placement, care, and return; if the legislature funds a facility’s care, those care costs are not billed to the court administrator. No one is in contempt for nonadmission when no bed is open, admitting would exceed licensed capacity, or key health or legal records are missing. DPHHS must write rules for treatment review and involuntary medication.
New rules for criminal fitness exams
When fitness to proceed is raised, the court appoints a qualified examiner. The report must describe the exam, give a diagnosis, and say if the person can understand the case and help their lawyer. Reports cannot include certain mental-state opinions unless the court needs them for trial testimony, a listed defense, or sentencing. If the person refuses the exam, the report must say so and, if possible, explain if illness or disability caused the refusal. The court may order up to 60 days at a hospital for an exam (longer if needed), but cannot force the state hospital to supply an examiner if a local examiner is available. After the exam, the court can rely on an unchallenged report or must hold a hearing with cross-exam of experts if challenged. Who pays depends on who asked for the exam: court/prosecutor pays if they asked, defense or the public defender pays if defense asked, split if both asked; DPHHS-funded exams and related costs are not billed to the court administrator or public defender.
State pays more district court costs
The state program pays district court costs for psychiatric exams and commitment proceedings. If a county pays first, the Office of Court Administrator must reimburse it within 30 days of the claim.
Sponsors & Cosponsors
Sponsor
John Esp
Republican • Senate
Cosponsors
Lee Deming
Republican • House
Roll Call Votes
House vote • 4/24/2025
Do Concur
Yes: 80 • No: 20
House vote • 4/18/2025
Do Concur
Yes: 83 • No: 16
Senate vote • 4/5/2025
Do Pass
Yes: 48 • No: 0
Senate vote • 4/4/2025
Do Pass
Yes: 46 • No: 2
Actions Timeline
Chapter Number Assigned
5/16/2025SenateSigned by Governor
5/13/2025SenateTransmitted to Governor
5/5/2025SenateSigned by Speaker
5/5/2025HouseSigned by President
5/2/2025SenateReturned from Enrolling
4/29/2025SenateSent to Enrolling
4/28/2025SenateReturned to Senate
4/24/2025House3rd Reading
4/24/2025HouseCommittee Report
4/23/2025HouseCommittee Executive Action
4/22/2025HouseHearing
4/18/2025HouseRereferred to Committee
4/18/2025House2nd Reading
4/18/2025HouseCommittee Report
4/16/2025HouseCommittee Executive Action
4/16/2025HouseRevised Fiscal Note Printed
4/14/2025SenateRevised Fiscal Note Signed
4/14/2025SenateRevised Fiscal Note Received
4/14/2025SenateHearing
4/11/2025House1st Reading
4/7/2025HouseReferred to Committee
4/7/2025HouseTransmitted to House
4/5/2025Senate3rd Reading
4/5/2025Senate2nd Reading
4/4/2025Senate
Bill Text
Enrolled
4/28/2025
As Amended (Version 2)
4/3/2025
Introduced
2/24/2025