Montana Code 46-14-304. Conditional release — revocation
46-14-304. Conditional release — revocation. (1) A person who has been conditionally released remains under the supervision of the department of public health and human services until the committing court discharges the person.
Terms Used In Montana Code 46-14-304
- Court: means a place where justice is judicially administered and includes the judge of the court. See Montana Code 46-1-202
- 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.
- mental disease or disorder: means an organic, mental, or emotional disorder that is manifested by a substantial disturbance in behavior, feeling, thinking, or judgment to such an extent that the person requires care, treatment, and rehabilitation. See Montana Code 46-14-101
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Property: means real and personal property. See Montana Code 1-1-205
(2)When the person is conditionally released, the director of the department of public health and human services shall provide written notice of the conditions of the person’s release to any community facility or program that is treating the person, the county attorney of the county in which the person was committed, and the county attorney of the county in which the person is required to receive treatment.
(3)On motion of a county attorney or the department of public health and human services, the court may order revocation of a person’s conditional release if the court determines after hearing evidence that:
(a)the conditions of release have not been fulfilled; and
(b)based on the violations of the conditions and the person’s past mental health history, there is a substantial likelihood that the person continues to suffer from a mental disease or disorder that causes the person to present a substantial risk of:
(i)serious bodily injury or death to the person or others;
(ii)a threat of physical injury to the person or others; or
(iii)substantial property damage.
(4)If the court finds that the conditional release should be revoked, the court shall immediately order the person to be recommitted to the custody of the director of the department of public health and human services, subject to discharge or release only in accordance with the procedures provided in 46-14-302 and 46-14-303.