UNAPPROVED DRAFT BILL -- Subject to Change Without Notice!
BILL NO.
INTRODUCED BY
(Primary Sponsor)
A BILL FOR AN ACT ENTITLED: "AN ACT REVISING THE LAW RELATING TO DIVERSION FROM DETENTION CENTERS OF PERSONS SUFFERING FROM MENTAL DISORDERS AND WHO ARE ACCUSED OF MINOR MISDEMEANOR OFFENSES; AND AMENDING SECTION 53-21-138, MCA."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 53-21-138, MCA, is amended to read:
"53-21-138. Diversion of certain persons suffering from mental disorders from detention center. (1) The sheriff or administrator of a detention center in each county shall require screening of inmates to identify persons accused of minor misdemeanor offenses who appear to be suffering from mental disorders and who may require commitment, as defined in 53-21-102 appear to have impairment of judgment as a result of a mental disorder that may have contributed to a minor misdemeanor offense.
(2) If as a result of screening and observation it is believed that an inmate is suffering from a mental disorder and may require commitment that may have caused an impairment of judgment that may have contributed to a minor misdemeanor offense, the sheriff or administrator of the detention center shall:
(a) request services from a crisis intervention program established by the department, as provided for in 53-21-139;
(b) refer the inmate to the nearest qualified mental health care provider as arranged by the county; or
(c) subject to 53-21-193 and subsection (3) of this section, transfer the inmate to a private mental health facility, a behavioral health inpatient facility, an outpatient mental health facility, or a hospital equipped to provide treatment and care of persons who are suffering from a mental disorder and who require commitment.
(3) The facility must be notified, and:
(a) if the facility is an inpatient facility, the facility shall state that a bed is available and agree to accept transfer of the patient based on admission criteria for a voluntary admission before a person may be transferred under this section; or
(b) if the facility is an outpatient facility, the facility shall state that a qualified licensed mental health professional has agreed to evaluate the person and to recommend appropriate mental health treatment, which the person must be given the opportunity to agree to on a voluntary basis.
(4) As used in this section, the term "minor misdemeanor offense" includes but is not limited to a nonserious misdemeanor, such as criminal trespass to property, loitering, disorderly conduct, and disturbing the public peace.
(5) A person intoxicated by drugs or alcohol who is accused of a minor misdemeanor offense may be detained in a jail until the level of intoxication is reduced to the point that screening for a mental disorder and or the need for commitment can be performed.
(6) If the person in custody does not agree to voluntary admission or treatment or appears to require commitment as defined in 53-21-102, the sheriff or administrator of a detention center shall proceed as provided in this part for civil commitment proceedings or as provided in Title 46, chapter 14."
- END -
Latest Version of LC 464 (LC0464.01)
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