MontanaSB 42969th Legislature, Regular Session (2025)SenateWALLET

Generally revise laws related to determination and restoration of fitness in criminal proceedings

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 1 benefits, 0 costs, 3 mixed.

Treatment and rights when unfit to stand trial

If you are found unfit to proceed, your case pauses and you are placed in the health department’s custody for treatment with an individualized plan. A facility may give medication without your consent only under strict rules: mental illness, unfit status, grave disability or danger, review committees, notice of rights, a hearing, and an appeal. For incarcerated defendants, the court reviews fitness within 90 days and decides on dismissal or treatment if you are still unfit and unlikely to improve soon. If unfitness is due to a mental disorder, the criminal case must be dismissed and moved to civil commitment. The county attorney can ask the court to order treatment, including involuntary medication; the judge must hold a prompt hearing, appoint an expert, and make detailed findings that treatment is medically appropriate and justified. The court can name specific medical officers, doctors, or DPHHS-supervised nurses to administer medication.

Who pays and faster hospital access

The court or the Office of Court Administrator pays to transport a defendant to placement, for care and treatment at the facility, and for return transport. If lawmakers already funded a facility through the health department’s general fund, those costs are not charged to the court administrator. The state hospital must admit first: pretrial defendants ordered for evaluation and treatment; second: pretrial defendants charged with violent crimes who have a transport order; third: others by department rule. You are not in contempt if the hospital cannot admit you because no bed is open, admitting you would exceed licensed capacity, or required records are missing.

Stronger rules for fitness exams

Courts use psychiatrists, licensed psychologists, or advanced practice nurses for fitness exams. A court cannot ask the state hospital to pick an examiner if a local qualified examiner is available. The court can commit you to a hospital or other facility for an exam for up to 60 days, and longer if needed. The examiner’s report must describe the exam, give a diagnosis, and state whether you are fit; the court can also ask for opinions about your mental state for the crime or sentencing when needed. Who pays depends on who asked for the exam: court/prosecutor pays if they asked; you or your public defender pays if you asked; both split if jointly requested. If the report is contested, the court must hold a hearing where each side can subpoena and question the experts.

State takes over many court costs

The state funds a district court program that pays most district court costs, including judges and many case expenses, youth courts, and civil jury costs. If the state does not pay directly, the county pays first and gets reimbursed within 30 days of filing a claim. Counties still pay for clerks’ offices, court office space, and charges under Title 7 or 46.

Sponsors & Cosponsors

Sponsor

John Esp
Republican • Senate

Cosponsors

Lee Deming
Republican • House

Roll Call Votes

All Roll Calls

Yes: 254 • No: 38

Senate vote • 4/24/2025

Do Concur

Yes: 80 • No: 20

Senate vote • 4/18/2025

Do Concur

Yes: 82 • No: 16

Senate vote • 4/5/2025

Do Pass

Yes: 48 • No: 0

Senate vote • 4/4/2025