Bill > SB429

This bill generally revises laws related to determining and restoring fitness in criminal proceedings, focusing on several key areas. The bill clarifies what constitutes contempt of court, modifies commitment procedures for mental health examinations, and establishes new protocols for the involuntary administration of medication to defendants deemed unfit to proceed. Specifically, it provides that a defendant's inability to be admitted to a mental health facility is not contempt under certain circumstances, such as lack of available beds or insufficient medical information. The bill establishes a prioritization system for admissions to the Montana State Hospital, with first priority given to pretrial defendants ordered for evaluation and treatment. It also creates more detailed procedures for court-ordered mental health evaluations, including restrictions on what types of opinions can be included in examination reports. Additionally, the bill outlines new processes for involuntary medication, requiring specific criteria to be met and establishing review committees and hearing procedures. The legislation aims to balance the rights of defendants with the need for appropriate mental health treatment in the criminal justice system, providing more comprehensive and nuanced guidelines for handling cases involving defendants with mental health challenges.

Budget and Finance, Justice

https://bills.legmt.gov/#/laws/bill/2/LC2851