Montana Code 50-17-112. Procedure to obtain release from commitment
50-17-112. Procedure to obtain release from commitment. (1) One hundred and eighty days or more after the date of commitment, a person committed under 50-17-107 or 50-17-108 may apply to the court that ordered the person’s commitment for a release.
Terms Used In Montana Code 50-17-112
- Approved course of treatment: means a course of treatment for tuberculosis that includes medical treatment prescribed by a physician and consistent with accepted medical standards, as well as appropriate followup to ensure public health and safety as set out in the rules of the department. See Montana Code 50-17-102
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Tuberculosis: means a disease caused by mycobacterium tuberculosis or mycobacterium tuberculosis complex. See Montana Code 50-17-102
(2)Not fewer than 3 or more than 7 days after receipt of the request, the court shall hold a hearing.
(3)Following the hearing, the court shall:
(a)order the person’s discharge if it finds that the person has completed an approved course of treatment or does not have tuberculosis; or
(b)dismiss the request if it finds that the person still has tuberculosis or that the person has refused to submit to an examination to determine whether the person has tuberculosis or has not yet completed an approved course of treatment.