Montana Code 53-21-197. Hearing on rehospitalization petition — revocation of conditional release
53-21-197. Hearing on rehospitalization petition — revocation of conditional release. (1) The court may order that the patient‘s conditional release status be revoked and that the patient be returned to the mental health facility from which the patient was conditionally released or be sent to another appropriate inpatient mental health facility if, after a hearing, the court finds by clear and convincing evidence that:
Terms Used In Montana Code 53-21-197
- Commitment: means an order by a court requiring an individual to receive treatment for a mental disorder. See Montana Code 53-21-102
- Court: means any district court of the state of Montana. See Montana Code 53-21-102
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- facility: means the state hospital, the Montana mental health nursing care center, or a hospital, a behavioral health inpatient facility, a mental health center, a residential treatment facility, or a residential treatment center licensed or certified by the department that provides treatment to children or adults with a mental disorder. See Montana Code 53-21-102
- Mental disorder: means any organic, mental, or emotional impairment that has substantial adverse effects on an individual's cognitive or volitional functions. See Montana Code 53-21-102
- Patient: means a person committed by the court for treatment for any period of time or who is voluntarily admitted for treatment for any period of time. See Montana Code 53-21-102
- Professional person: means :
(a)a medical doctor;
(b)an advanced practice registered nurse, as provided for in 37-8-202, with a clinical specialty in psychiatric mental health nursing;
(c)a licensed psychologist;
(d)a physician assistant licensed under Title 37, chapter 20, with a clinical specialty in psychiatric mental health; or
(e)a person who has been certified, as provided for in 53-21-106, by the department. See Montana Code 53-21-102
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(a)the conditionally released patient has been determined by the district court to be suffering from a mental disorder and requiring commitment and is presently under a valid order of commitment pursuant to 53-21-127 or 53-21-128; and
(b)the conditionally released patient has violated a condition of the release, that the violation has caused a deterioration of the patient’s mental condition, and that as a result of this deterioration, the patient can no longer be appropriately served by outpatient care.
(2)A revocation of the patient’s conditional release status under subsection (1) must be based on the testimony of the professional person responsible for the patient’s case.
(3)If the court revokes the patient’s conditional release status pursuant to subsection (1), a treatment plan must be updated or a new plan prepared for the patient as required by and within the time set forth in 53-21-162.
(4)Except as provided in 53-21-198, an order revoking the patient’s conditional release status may not order hospitalization or impose other conditions of release that extend beyond the expiration date of the order committing the patient under 53-21-127 or 53-21-128.