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MontanaSB 43069th Legislature, Regular Session (2025)Senate

Generally revise laws related to civil commitment and emergency detention of mentally ill persons

Sponsored By: John Esp (Republican)

Signed by Governor

Civil ProcedureHealth Care ServicesCourtsInstitutionsMental Illness or IncapacityRevenue, State

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 3 benefits, 0 costs, 3 mixed.

Stronger court tests and shorter stays

Beginning July 1, 2025, courts use updated tests of imminent danger and emergency to decide if a mental disorder requires commitment. After trial, the court holds the disposition hearing within 5 days. Judges must choose the least restrictive setting and make detailed written findings. They must explain why inpatient care or involuntary medication is needed, and cannot rely only on predicted deterioration. Time limits: up to 3 months at the state hospital or a small inpatient behavioral facility; up to 3 months in a community program, or up to 6 months in the community only if the person has a prior involuntary inpatient commitment the court admits; up to 3 months at the mental health nursing care center with the superintendent’s written authorization. A court cannot commit someone to a private hospital or facility without that facility’s consent. People with a primary diagnosis of Alzheimer’s disease, another dementia, or traumatic brain injury can be committed only under narrow danger standards in the law. Mental‑health evaluation reports are filed under seal and shared with the receiving facility.

Faster discharge decisions and less paperwork

The court cannot require a discharge plan to be filed or approved before a patient is released, unless the person is held under a criminal‑related order. The health department can ask the court to dismiss an order that blocks discharge for a patient in its custody. The court holds a hearing within 5 business days.

Stronger checks on forced medication

Beginning July 1, 2025, the court may allow involuntary medication only after the chief medical officer or a court‑designated doctor approves it. A medication review committee, with at least one non‑employee, reviews the plan before it starts when possible, or within 5 working days. The patient and the patient’s lawyer or advocate get written notice and a chance to take part. Ongoing medication is re‑reviewed at 14 and 90 days. The mental disabilities board and the public health director are notified within 5 working days. The director reports to the governor each year.

Emergency holds and police limits

A peace officer may take someone into custody only long enough to reach a professional for an emergency evaluation. If possible, the officer calls a professional first. If a professional finds an emergency, they may detain and treat the person for up to 72 hours or until placement at a mental health facility. Then the professional must release the person or file findings with the county attorney. The law broadens what counts as an emergency: imminent danger from a mental disorder, a serious inability to meet basic needs that risks death or injury or shows a consistent history, and some unfit‑to‑proceed criminal cases that are not restorable.

Transfers and bed checks before state hospital

A county attorney may arrange with federal, state, regional, private, or out‑of‑county facilities to detain or move a person for evaluation or placement. Before transfer, facilities must confirm if a bed is open and if admitting would exceed licensed capacity. If the state hospital is appropriate but full or over capacity, it must give a projected time when a bed may open. The state hospital is the placement of last resort. Refusing or being unable to admit is not contempt when there is no bed, admitting would exceed capacity, or required medical and legal records have not been received.

Who counts as patient, provider, facility

The law clarifies who is covered and who can provide care. A “patient” includes anyone civilly committed or voluntarily admitted. A “respondent” is the person named in a commitment petition. Mental health professionals and “professional persons” include licensed doctors, psychologists, psychiatric nurses, physician assistants with psychiatric specialty, counselors, and social workers, plus department‑certified people. A “mental health facility” can include community facilities, some assisted‑living facilities, and community programs. A “community facility” offers services like case management, medication, short inpatient care, chemical‑dependency care, or assertive community treatment. “Short term” means no more than 6 months.

Sponsors & Cosponsors

Sponsor

  • John Esp

    Republican • Senate

Cosponsors

  • Lee Deming

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 257 • No: 40

House vote • 4/23/2025

Do Concur

Yes: 78 • No: 21

House vote • 4/22/2025

Do Concur

Yes: 81 • No: 19

Senate vote • 4/5/2025

Do Pass

Yes: 48 • No: 0

Senate vote • 4/4/2025

Do Pass

Yes: 50 • No: 0

Actions Timeline

  1. Chapter Number Assigned

    5/16/2025Senate

  2. Signed by Governor

    5/13/2025Senate

  3. Transmitted to Governor

    5/5/2025Senate

  4. Signed by Speaker

    5/5/2025House

  5. Signed by President

    4/29/2025Senate

  6. Returned from Enrolling

    4/28/2025Senate

  7. Sent to Enrolling

    4/23/2025Senate

  8. 3rd Reading

    4/23/2025House

  9. 2nd Reading

    4/22/2025House

  10. Committee Report

    4/16/2025House

  11. Committee Executive Action

    4/16/2025House

  12. Hearing

    4/11/2025House

  13. 1st Reading

    4/7/2025House

  14. Referred to Committee

    4/7/2025House

  15. Transmitted to House

    4/5/2025Senate

  16. 3rd Reading

    4/5/2025Senate

  17. 2nd Reading

    4/4/2025Senate

  18. Committee Report

    4/2/2025Senate

  19. Committee Executive Action

    4/2/2025Senate

  20. Fiscal Note Printed

    3/28/2025Senate

  21. Fiscal Note Unsigned

    3/27/2025Senate

  22. Fiscal Note Received

    3/26/2025Senate

  23. Fiscal Note Requested

    3/19/2025Senate

  24. Hearing

    2/25/2025Senate

  25. Referred to Committee

    2/24/2025Senate

Bill Text

  • Enrolled

    4/24/2025

    PDF

  • As Amended (Version 2)

    4/4/2025

    PDF

  • Introduced

    2/24/2025

    PDF

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