All Roll Calls
Yes: 476 • No: 19
MontanaSB 43569th Legislature, Regular Session (2025)SenateWALLET
Generally revise laws related to mentally ill individuals
Sponsored By: John Esp (Republican)
Became Law
Health Care ServicesCivil ProcedureInstitutionsMental Illness or IncapacitySocial Services
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 0 benefits, 0 costs, 4 mixed.
72-hour mental health hold process
A mental health professional can request that you be held in a licensed facility for up to 72 hours. This can happen if, due to a mental disorder, you cannot meet basic needs, harmed someone, harmed yourself, or are an imminent danger. The 72 hours start when you are first detained. The county attorney and the state public defender are told right away. A professional must evaluate you within 24 hours and give a written report to you, the county attorney, and the public defender with treatment advice and whether more commitment may be needed. During the hold, you can agree to medicine, but you cannot refuse lifesaving medicine a professional says is necessary. You may be released at any time if you no longer need care. When 72 hours end, you may be released, referred for voluntary care, or face an involuntary commitment petition.
Emergency detention, timing, and transport rules
In an emergency, a peace officer or emergency care provider may take you into custody to contact a professional if you seem to have a mental disorder and are an imminent danger or cannot meet basic needs. If a professional agrees there is danger and an emergency, you may be held and treated until the next regular business day. Then the professional must release you or file findings with the county attorney and a report with the court. If a professional decides you meet the 72-hour hold criteria, the 72-hour rules apply. Counties may transport you to a licensed Montana mental health or crisis facility if no suitable local or home-county facility exists. Before any transfer, the receiving facility must be notified and confirm a bed; if an arranged facility has no bed, a local professional certifies that and you may be sent to the state hospital or another inpatient behavioral health facility. If an appropriate inpatient facility has a bed, the county attorney directs transport there.
Who pays for mental health cases
Precommitment costs are billed in this order: first you, your parent or guardian, or private insurance; next Medicaid or another public program if you qualify; last your county, up to the public rate. After commitment, your county is not required to pay for your treatment or custody. If the court orders treatment and custody, you or your parent or guardian must pay what public mental health funds do not cover. Any insurer or other third party that agreed to pay under a contract still must pay. Private community providers do not have to treat you without pay. For precommitment video hearings, your home county pays the video costs, and for state hospital patients, the State pays video costs that start at the hospital.
Hearing rights and two-way video rules
You cannot give up your right to a lawyer or your right to treatment. For minors, the minor’s lawyer and parents or guardian may waive some hearing rights if they agree on the record; the court appoints a guardian ad litem if there is a conflict. A court may excuse your physical presence only at your request or with specific findings and required concurrences. Courts may use two-way video for initial, detention, trial on the petition, posttrial, extensions, and rehospitalization hearings if it lets all see and hear at once and allows you to talk privately with your lawyer. Before a video hearing, the court informs you, your lawyer, and any friend of your rights. Two-way video cannot be used in an initial hearing if the professional objects, and cannot be used in the other listed hearings if you, your lawyer, or the professional objects.
Sponsors & Cosponsors
Sponsor
John Esp
Republican • Senate
Cosponsors
Steve Fitzpatrick
Republican • House
Roll Call Votes
Senate vote • 4/17/2025
Do Pass
Yes: 49 • No: 1
Senate vote • 4/16/2025
Do Pass
Yes: 49 • No: 0
Senate vote • 4/11/2025
Do Concur
Yes: 98 • No: 1
Senate vote • 4/10/2025
Do Concur As Amended
Yes: 97 • No: 2
Senate vote • 4/10/2025
AMD-SB0435.002.001 Reavis DO PASS
Yes: 83 • No: 15
Senate vote • 3/6/2025
Do Pass
Yes: 50 • No: 0
Senate vote • 3/5/2025
Do Pass
Yes: 50 • No: 0
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
4/29/2025SenateReturned from Enrolling
4/20/2025SenateSent to Enrolling
4/17/2025Senate3rd Reading Passed as Amended by House
4/17/2025Senate2nd Reading House Amendments Concurred
4/16/2025SenateReturned to Senate with Amendments
4/11/2025House3rd Reading Concurred
4/11/2025House2nd Reading Concurred as Amended
4/10/2025House2nd Reading Motion to Amend Carried
4/10/2025HouseCommittee Report--Bill Concurred as Amended
3/27/2025HouseCommittee Executive Action--Bill Concurred as Amended
3/26/2025HouseHearing
3/19/2025HouseFirst Reading
3/17/2025HouseReferred to Committee
3/7/2025HouseTransmitted to House
3/6/2025Senate3rd Reading Passed
3/6/2025Senate2nd Reading Passed
3/5/2025SenateFiscal Note Printed
3/3/2025SenateFiscal Note Unsigned
3/3/2025SenateFiscal Note Received
3/3/2025SenateCommittee Report--Bill Passed
3/1/2025Senate
Bill Text
Enrolled
4/17/2025
As Amended (Version 3)
4/10/2025
As Amended (Version 2)
3/27/2025
Introduced
2/24/2025