Bill > HB395

This bill generally revises Montana's voting and mental health laws by updating definitions and clarifying procedures related to individuals considered to be of "unsound mind". Specifically, the bill introduces a new definition of "unsound mind" in the state code, describing it as a condition where a person is incapable of normally managing affairs in a reasonable manner, with intellectual powers fundamentally lacking or an inability to understand and act with discretion in ordinary life affairs. The bill amends several sections of Montana law to incorporate this definition, including voting regulations, criminal sentencing procedures, and mental health commitment processes. Key changes include requiring courts to make explicit findings about whether an individual is of unsound mind during various legal proceedings, such as criminal sentencing and mental health commitment hearings. Additionally, the bill clarifies that upon discharge from mental health treatment or release from certain legal proceedings, an individual may no longer be considered to be of unsound mind. The bill also updates the definition of "penal institution" to include facilities for mentally ill or mentally defective individuals who are confined due to a felony conviction, thus ensuring more precise legal terminology across different statutes.

Government Affairs

https://bills.legmt.gov/#/laws/bill/2/LC0499