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MT SB429

Bill

Status

Passed

5/12/2025

Primary Sponsor

John Esp

Click for details

Origin

Senate

2025 Regular Session

AI Summary

  • Montana State Hospital may refuse court-ordered admissions without contempt finding if no bed is available, admission would exceed licensed capacity, or required medical/legal records have not been provided

  • Courts may only order fitness examinations at Montana State Hospital when no qualified psychiatrist, psychologist, or advanced practice registered nurse is available within the county of venue

  • Facilities may involuntarily administer medication to defendants found unfit to proceed through a treatment review committee and involuntary medication review board process, without requiring a separate court order for each instance

  • Courts must review incarcerated defendants' custodial status within 90 days of commitment and every 30 days thereafter; cases must be dismissed without prejudice if defendant remains unfit with no foreseeable improvement and no appropriate alternatives exist

  • Montana State Hospital must prioritize admissions for pretrial defendants ordered committed for fitness evaluation/treatment first, followed by pretrial defendants charged with violent crimes

Legislative Description

Generally revise laws related to determination and restoration of fitness in criminal proceedings

Rule Making

Last Action

Chapter Number Assigned

5/16/2025

Committee Referrals

Appropriations4/18/2025
Judiciary4/7/2025
Judiciary2/24/2025

Full Bill Text

No bill text available