MontanaSB 43069th Legislature, Regular Session (2025)SenateWALLET

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

Your PRIA Score

Score Hidden

Personalized for You

How does this bill affect your finances?

Sign up for a PRIA Policy Scan to see your personalized alignment score for this bill and every other piece of legislation we track. We analyze your financial profile against policy provisions to show you exactly what matters to your wallet.

Free to start

Bill Overview

Analyzed Economic Effects

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

Tighter rules for dementia and TBI commitment

Beginning July 1, 2025, people whose main diagnosis is Alzheimer’s, another dementia, or a traumatic brain injury can be committed only if they meet specific danger or deterioration standards named in the law. If they meet only the narrow criteria listed in the law, the court must dismiss the case and release them. This gives stronger protections to seniors and others with these conditions.

Faster discharge and shorter commitments

You can be discharged at any time by a written order from the professional in charge. If your term ends and is not extended, the facility must discharge you without another court order (some assisted living cases may continue with consent). The facility must give 5 days’ notice to the court and county attorney, but missing notice cannot delay release. The health department can ask the court to remove orders that block discharge, and the hearing must happen within 5 business days. The law defines “short term” as not more than 6 months.

Stronger checks on forced medication

Involuntary medication needs approval from the facility’s chief medical officer or a court-designated doctor before it starts. A review committee should check the decision before or within 5 working days, with written notice to you and your lawyer and a chance to testify. If medication continues, it must be reviewed again at 14 days and 90 days. Officials must be told within 5 working days, and the health director reports to the governor each year.

Addiction counted in commitment decisions

If you have a primary mental disorder and also have chemical dependency, courts may use that to meet commitment rules. This makes civil commitment more likely for people with both conditions.

Community care first and safer transfers

The state hospital is a last resort. If a community bed is open, the professional must alert the county attorney and arrange transport there, and the receiving site must agree. Before any transfer, the receiving facility must confirm a bed and that admitting would not exceed capacity; private facilities cannot be used without their consent. If only a predictability finding supports commitment, the court must order community care, not inpatient or the state nursing care center. When no bed is open, admitting would exceed capacity, or required records are missing, the hospital and transporters are not in contempt for not admitting.

New emergency detention rules and limits

The law expands what counts as a mental health emergency, including imminent danger, dangerous failure to meet basic needs, and some cases where charges were dismissed and the person cannot be restored. A police officer may hold someone only long enough to get a professional to evaluate. If the professional agrees, the person may be detained for up to 72 hours or until the next business day for placement. The professional must release the person or file findings with the county attorney and report to the court. The law also lists which licensed clinicians can serve as the professional for these steps.

Clearer, stricter rules for contempt

Criminal contempt now requires proof beyond a reasonable doubt and follows Title 46 procedures (except one listed statute). When a court wants to force someone to act, it must use the specific civil sanction statute named in the law, not the criminal one. The law also sets which contempt procedures apply in justice and city courts.

Unfunded mandate limits set aside

The act overrides Montana’s unfunded mandate laws (1-2-112 to 1-2-116) for this law. This changes how state and local entities must carry out these rules. It does not set new taxes or fees.

Sponsors & Cosponsors

Sponsor

John Esp
Republican • Senate

Cosponsors

Lee Deming
Republican • House

Roll Call Votes

All Roll Calls

Yes: 255 • No: 40

Senate vote • 4/23/2025

Do Concur

Yes: 78 • No: 21

Senate 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