Montana Code 53-30-708. Mental health status review
53-30-708. Mental health status review. (1) When a housing or management unit exists for adult or youth inmates with a mental disorder, procedures adopted pursuant to 53-30-703(7) must provide for placements, assessments, specialized treatments, program services, and scheduled case reviews by qualified mental health professionals in accordance with policies established by the department.
Terms Used In Montana Code 53-30-708
- Appraisal: A determination of property value.
- Department: means the department of corrections provided for in 2-15-2301. See Montana Code 53-30-702
- Mental disorder: means exhibiting impaired emotional, cognitive, or behavioral functioning that interferes seriously with an individual's ability to function adequately except with supportive treatment or services. See Montana Code 53-30-702
- Qualified mental health professional: includes psychiatrists, psychologists, psychiatric social workers, licensed professional counselors, psychiatric nurses, or others who, by virtue of their education, credentials, and experience, are permitted by law to evaluate and care for the mental health needs of patients. See Montana Code 53-30-702
- Restrictive housing: means a placement that requires an inmate to be confined to a cell for at least 22 hours a day for the safe and secure operation of the facility. See Montana Code 53-30-702
- Severe mental illness: means a substantial organic or psychiatric disorder of thought, mood, perception, orientation, or memory that significantly impairs judgment, behavior, or the ability to cope with the basic demands of life. See Montana Code 53-30-702
(2)Upon notification that an inmate has been placed in restrictive housing, a qualified health care professional will review the inmate’s health record. If an existing medical, mental health, or dental need requires accommodation, custody staff must be notified.
(3)When reviewing the health records of an inmate with a mental disorder who has been placed in restrictive housing, a qualified health care professional shall notify mental health staff. This review and notification must be documented in the inmate’s health record.
(4)The procedures established pursuant to 53-30-703(7) must provide that an inmate entering restrictive housing must be seen and assessed by a qualified mental health professional or health care professional, in accordance with the national commission on correctional health care standards. Each contact must be documented in the inmate’s record, and the notation must contain, at a minimum, a status report and the date and time of the contact. Individual documentation must be filed in the inmate’s medical and mental health records.
(5)A qualified mental health professional shall complete a mental health appraisal within the period set by American correctional association standards after an inmate’s placement in restrictive housing. The appraisal may include a mental health review that has been completed by health care personnel at the time the inmate is placed in restrictive housing. If confinement continues beyond 30 days, a qualified mental health professional shall complete an updated mental health appraisal with the frequency set by American correctional association standards for an inmate with a diagnosed mental disorder and more frequently if clinically indicated. For an inmate without a mental disorder, the appraisal must be completed with the frequency set by American correctional association standards and more frequently if clinically indicated. The mental health appraisal must be conducted in a manner that ensures confidentiality. Dissemination of any information obtained in the mental health appraisal must be for the limited purpose of institutional safety and security.
(6)An inmate diagnosed with a severe mental illness may not be placed in restrictive housing for more than 14 days unless a multidisciplinary service team determines there is an immediate and present danger to others or to the safety of the institution. If an inmate with a severe mental illness is placed in restrictive housing, the inmate must be provided with an active individualized treatment plan that includes weekly monitoring by mental health staff, treatment as necessary, and steps to facilitate the transition of the inmate back into the general population.