Montana Code 53-21-140. Use of two-way electronic audio-video communication
53-21-140. Use of two-way electronic audio-video communication. (1) For purposes of this chapter, a hearing that is conducted by the use of two-way electronic audio-video communication, allowing all of the participants to be observed and heard by all present, is considered to be a hearing in open court.
Terms Used In Montana Code 53-21-140
- 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
- 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
- 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
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- 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
- 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
- State hospital: means the Montana state hospital. See Montana Code 53-21-102
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2)Whenever the law requires that a respondent or patient in any of the hearings provided for in subsection (3) be present before a court, this requirement may, in the discretion of the court, be satisfied either by the respondent’s or patient’s physical appearance before the court or by two-way electronic audio-video communication. The audio-video communication must operate so that the respondent or patient, the respondent’s or patient’s counsel, and the judge can see each other simultaneously and converse with each other, so that the respondent or patient and the respondent’s or patient’s counsel can communicate privately, and so that the respondent or patient and counsel are both present during the two-way electronic audio-video communication. A respondent or patient may request that counsel from the board be present, for consulting purposes only, if the respondent or patient is located at the state hospital.
(3)At the discretion of the court, the following hearings may be conducted through two-way electronic audio-video communication:
(a)the initial hearing provided for in 53-21-122;
(b)the detention hearing provided for in 53-21-124;
(c)the trial or hearing on a petition provided for in 53-21-126;
(d)a hearing on posttrial disposition as provided for in 53-21-127;
(e)a hearing on the extension of a commitment period as provided for in 53-21-128;
(f)a hearing on rehospitalization of a person conditionally released from an inpatient treatment facility as provided for in 53-21-197;
(g)a hearing on an extension of the conditions of release as provided for in 53-21-198.
(4)This section does not abrogate a person’s rights under 53-21-115, 53-21-116, or 53-21-117. A respondent or patient, the respondent’s or patient’s counsel, and a friend of respondent or patient, if any, must be informed of these rights prior to a hearing by two-way electronic audio-video communication in lieu of a hearing in person. A respondent or patient or the respondent’s or patient’s counsel and a friend of respondent or patient, acting together, may waive any of the rights, as provided under 53-21-119.
(5)A two-way electronic audio-video communication may not be used:
(a)in an initial hearing provided for in 53-21-122 if the professional person objects; or
(b)in a hearing referred to in subsections (3)(b) through (3)(g) if a respondent or patient, the respondent’s or patient’s counsel, or the professional person objects.