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MontanaSB 43569th Legislature, Regular Session (2025)Senate

Generally revise laws related to mentally ill individuals

Sponsored By: John Esp (Republican)

Signed by Governor

Health Care ServicesCivil ProcedureInstitutionsMental Illness or IncapacitySocial Services

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Bill Overview

Analyzed Economic Effects

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

New 72-hour holds and emergency detentions

The law lets a licensed mental health professional request a hold for up to 72 hours. It applies when, due to a mental disorder, a person cannot meet basic needs, has injured someone, or is an imminent threat. The clock starts at detention. The county attorney and the state public defender are told right away. A professional must evaluate within 24 hours and give a written report. The person may agree to medicine but cannot refuse lifesaving medicine. They can be released early if treatment is not needed. At 72 hours, they are released, sent to voluntary care, or the county attorney may file for commitment. In emergencies, police or emergency care providers may briefly take someone into custody to reach a professional. If the professional finds the 72-hour rules fit, those rules then apply to the detention.

Stronger rights and remote hearing options

The law protects the right to a lawyer and the right to treatment. You cannot waive those rights. The court may count video or audio as being present if everyone can see and hear each other. The court may let a person skip being there in person if the person knowingly asks, or if counsel, a professional, and the friend agree and the court finds being there would seriously harm the person’s mental health. For minors, counsel and a parent or guardian may agree to waive with reasons on the record. If there is a conflict, the court must appoint a guardian ad litem.

Who pays precommitment mental health costs

Bills for precommitment detention, exams, and treatment are paid in order. First the person (or a parent or guardian for a minor) or private insurance pays. Second, Medicaid or other public assistance pays if the person qualifies. Third, the county of residence pays, but not more than the public program would have paid. For video or audio used in the county, the person’s county pays. For video or audio from the state hospital, the state pays. The county does not pay for treatment or custody after commitment. Private community providers do not have to treat without pay.

Sponsors & Cosponsors

Sponsor

  • John Esp

    Republican • Senate

Cosponsors

  • Steve Fitzpatrick

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 478 • No: 19

Senate vote • 4/17/2025

Do Pass

Yes: 49 • No: 1

Senate vote • 4/16/2025

Do Pass

Yes: 49 • No: 0

House vote • 4/11/2025

Do Concur

Yes: 98 • No: 1

House vote • 4/10/2025

AMD-SB0435.002.001 Reavis DO PASS

Yes: 84 • No: 15

House vote • 4/10/2025

Do Concur As Amended

Yes: 98 • No: 2

Senate vote • 3/6/2025

Do Pass

Yes: 50 • No: 0

Senate vote • 3/5/2025

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

    4/20/2025Senate

  7. Sent to Enrolling

    4/17/2025Senate

  8. 3rd Reading House Amendments

    4/17/2025Senate

  9. 2nd Reading House Amendments

    4/16/2025Senate

  10. Returned to Senate with Amendments

    4/11/2025House

  11. 3rd Reading

    4/11/2025House

  12. 2nd Reading

    4/10/2025House

  13. 2nd Reading Motion to Amend

    4/10/2025House

  14. Committee Report

    3/27/2025House

  15. Committee Executive Action

    3/26/2025House

  16. Hearing

    3/19/2025House

  17. 1st Reading

    3/17/2025House

  18. Referred to Committee

    3/7/2025House

  19. Transmitted to House

    3/6/2025Senate

  20. 3rd Reading

    3/6/2025Senate

  21. 2nd Reading

    3/5/2025Senate

  22. Fiscal Note Printed

    3/3/2025Senate

  23. Fiscal Note Unsigned

    3/3/2025Senate

  24. Fiscal Note Received

    3/3/2025Senate

  25. Committee Report

    3/1/2025Senate

Bill Text

  • Enrolled

    4/17/2025

    PDF

  • As Amended (Version 3)

    4/10/2025

    PDF

  • As Amended (Version 2)

    3/27/2025

    PDF

  • Introduced

    2/24/2025

    PDF

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