Bill > SB435

This bill updates Montana's laws related to mental health holds and legal proceedings for individuals with mental health conditions. The key provisions include establishing a standardized 72-hour mental health hold process, where a mental health professional can detain an individual who presents a danger to themselves or others or cannot provide for their basic needs. During this hold, the individual must be evaluated within 24 hours, and the mental health professional must provide a report recommending further treatment or potential commitment. The bill also modifies existing statutes to clarify rights during mental health proceedings, specifically addressing when and how hearings can be conducted using electronic audio-video communication. Importantly, the bill emphasizes that an individual's right to counsel and treatment cannot be waived, but their right to be physically present at a hearing can be waived under specific circumstances, such as when their presence might negatively impact their mental health. The bill also provides guidelines for who will cover the costs of mental health examinations, detention, and treatment, prioritizing the individual's own resources, insurance, public assistance programs, and ultimately the county of residence. These changes aim to provide a more structured and compassionate approach to managing mental health emergencies and legal proceedings.

Health and Social Services

https://bills.legmt.gov/#/laws/bill/2/LC4008