§ 53-21-101 Purpose
§ 53-21-102 Definitions
§ 53-21-103 Court records to be kept separate
§ 53-21-104 Powers and duties of mental disabilities board of visitors
§ 53-21-105 Certification of professional persons required
§ 53-21-106 Certification of professional persons
§ 53-21-107 Abuse and neglect of persons admitted to mental health facility prohibited — reporting — investigations
§ 53-21-111 Voluntary admission — content of admission form — requirements for valid admission
§ 53-21-112 Voluntary admission of minors
§ 53-21-113 Costs of committing a patient already voluntarily admitted — transportation costs for voluntary admission
§ 53-21-114 Notice of rights to be given
§ 53-21-115 Procedural rights
§ 53-21-116 Right to be present at hearing or trial — assignment of counsel
§ 53-21-117 Right to representation by own attorney
§ 53-21-118 Right to examination by professional person of own choosing
§ 53-21-119 Waiver of rights
§ 53-21-120 Detention to be in least restrictive environment — preference for mental health facility — court relief — prehearing detention of mentally ill person prohibited
§ 53-21-121 Petition for commitment — contents of — notice of
§ 53-21-122 Petition for commitment — filing of — initial hearing on
§ 53-21-123 Examination of respondent following initial hearing — recommendation of professional person
§ 53-21-124 Detention of respondent pending hearing or trial — jail prohibited
§ 53-21-125 Request for jury trial
§ 53-21-126 Trial or hearing on petition
§ 53-21-127 Posttrial disposition
§ 53-21-128 Petition for extension of commitment period
§ 53-21-129 Emergency situation — petition — detention
§ 53-21-130 Transfer or commitment to mental health facility from other institutions
§ 53-21-131 Appeal procedure
§ 53-21-132 Cost of examination and commitment
§ 53-21-133 Transfer to nonstate facilities
§ 53-21-134 Receipt of nonresident person suffering from a mental disorder pending return to home state
§ 53-21-135 Terminated
§ 53-21-136 Terminated
§ 53-21-137 Terminated
§ 53-21-138 Renumbered 53-21-1201
§ 53-21-139 Renumbered 53-21-1202
§ 53-21-140 Use of two-way electronic audio-video communication
§ 53-21-141 Civil and legal rights of person committed
§ 53-21-142 Rights of persons admitted to facility
§ 53-21-143 Right not to be fingerprinted
§ 53-21-144 Rights concerning photographs
§ 53-21-145 Right to be free from unnecessary or excessive medication
§ 53-21-146 Right to be free from physical restraint and isolation
§ 53-21-147 Right not to be subjected to experimental research
§ 53-21-148 Right not to be subjected to hazardous treatment
§ 53-21-149 Conditions of treatment in community facility, program, or course of treatment
§ 53-21-150 Treatment plan — provider choice
§ 53-21-151 Notification of noncompliance as condition for treatment plan — response
§ 53-21-152 Department funding responsibility
§ 53-21-153 Repealed
§ 53-21-161 Qualifications of professional persons
§ 53-21-162 Establishment of patient treatment plan — patient’s rights
§ 53-21-163 Examination following commitment
§ 53-21-164 Repealed
§ 53-21-165 Records to be maintained
§ 53-21-166 Records to be confidential — exceptions
§ 53-21-167 Patient labor
§ 53-21-168 Statement of rights to be furnished and posted
§ 53-21-169 Protection and advocacy system — designation and authority
§ 53-21-180 Discharge plan
§ 53-21-181 Discharge during or at end of initial commitment period — patient’s right to referral
§ 53-21-182 Court-ordered release to alternative placement or treatment
§ 53-21-183 Release conditioned on receipt of outpatient care
§ 53-21-184 Patients for whom release and discharge provisions inapplicable
§ 53-21-185 Care and treatment following release
§ 53-21-186 Support of patient conditionally released
§ 53-21-187 Clothing for patients discharged or conditionally released
§ 53-21-188 Repealed
§ 53-21-189 Fact of evaluation or treatment not to be used for discrimination
§ 53-21-190 Fact of evaluation or treatment not to be used in subsequent court proceeding — exception
§ 53-21-193 Commitment to behavioral health inpatient facilities — preference — voluntary treatment
§ 53-21-194 Department licensure of behavioral health inpatient facilities — rulemaking authority — transfer criteria
§ 53-21-195 Rehospitalization of patient conditionally released from inpatient treatment facilities — petition
§ 53-21-196 Detention of conditionally released patient pending hearing
§ 53-21-197 Hearing on rehospitalization petition — revocation of conditional release
§ 53-21-198 Extension of conditions of release — hearing
§ 53-21-199 Option for diversion from involuntary commitment to Montana state hospital
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Terms Used In Montana Code > Title 53 > Chapter 21 > Part 1 - Treatment of the Seriously Mentally Ill

  • Abuse: means any willful, negligent, or reckless mental, physical, sexual, or verbal mistreatment or maltreatment or misappropriation of personal property of any person receiving treatment in a mental health facility that insults the psychosocial, physical, or sexual integrity of any person receiving treatment in a mental health facility. See Montana Code 53-21-102
  • Allegation: something that someone says happened.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Behavioral health inpatient facility: means a facility or a distinct part of a facility of 16 beds or less licensed by the department that is capable of providing secure, inpatient psychiatric services, including services to persons with mental illness and co-occurring chemical dependency. See Montana Code 53-21-102
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Commitment: means an order by a court requiring an individual to receive treatment for a mental disorder. See Montana Code 53-21-102
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Court: means any district court of the state of Montana. See Montana Code 53-21-102
  • Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 53-21-102
  • Dependent: A person dependent for support upon another.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Emergency situation: means :

    (a)a situation in which any person is in imminent danger of death or bodily harm from the activity of a person who appears to be suffering from a mental disorder and appears to require commitment; or

    (b)a situation in which any person who appears to be suffering from a mental disorder and appears to require commitment is substantially unable to provide for the person's own basic needs of food, clothing, shelter, health, or safety. 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
  • Friend of respondent: means any person willing and able to assist a person suffering from a mental disorder and requiring commitment or a person alleged to be suffering from a mental disorder and requiring commitment in dealing with legal proceedings, including consultation with legal counsel and others. See Montana Code 53-21-102
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • mental disabilities board of visitors: means the mental disabilities board of visitors created by 2-15-211. 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
  • Mental health professional: means :

    (a)a certified professional person;

    (b)a physician licensed under Title 37, chapter 3;

    (c)a clinical professional counselor licensed under Title 37, chapter 39;

    (d)a psychologist licensed under Title 37, chapter 17;

    (e)a clinical social worker licensed under Title 37, chapter 39;

    (f)an advanced practice registered nurse, as provided for in 37-8-202, with a clinical specialty in psychiatric mental health nursing;

    (g)a physician assistant licensed under Title 37, chapter 20, with a clinical specialty in psychiatric mental health; or

    (h)a marriage and family therapist licensed under Title 37, chapter 39. See Montana Code 53-21-102

  • Neglect: means failure to provide for the biological and psychosocial needs of any person receiving treatment in a mental health facility, failure to report abuse, or failure to exercise supervisory responsibilities to protect patients from abuse and neglect. See Montana Code 53-21-102
  • Next of kin: includes but is not limited to the spouse, parents, adult children, and adult brothers and sisters of a person. See Montana Code 53-21-102
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • 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
  • Peace officer: means any sheriff, deputy sheriff, marshal, police officer, or other peace officer. See Montana Code 53-21-102
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
  • 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

  • Property: means real and personal property. See Montana Code 1-1-205
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Reasonable medical certainty: means reasonable certainty as judged by the standards of a professional person. See Montana Code 53-21-102
  • Respondent: means a person alleged in a petition filed pursuant to this part to be suffering from a mental disorder and requiring commitment. See Montana Code 53-21-102
  • Several: means two or more. See Montana Code 1-1-201
  • Sex: means the organization of the body parts and gametes for reproduction in human beings and other organisms. See Montana Code 1-1-201
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
  • State hospital: means the Montana state hospital. See Montana Code 53-21-102
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
  • Venue: The geographical location in which a case is tried.
  • Writing: includes printing. See Montana Code 1-1-203