Montana Code 53-21-124. Detention of respondent pending hearing or trial — jail prohibited
53-21-124. Detention of respondent pending hearing or trial — jail prohibited. (1) The court may not order detention of a respondent pending the hearing unless requested by the county attorney and upon the existence of probable cause for detention. Counsel must be orally notified immediately. Counsel for the respondent may then request a detention hearing, which must be held immediately.
Terms Used In Montana Code 53-21-124
- 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
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- 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
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2)In the event of detention, the respondent must be detained in the least restrictive setting necessary to ensure the respondent’s presence and ensure the safety of the respondent and of others as provided in 53-21-120.
(3)If the respondent is detained, the respondent has the right to be examined additionally by a professional person of the respondent’s choice, which may not depend on the respondent’s ability to pay, and the respondent must be informed of this right. Unless objection is made by counsel for the respondent, the respondent must continue to be evaluated and treated by the professional person pending the hearing.
(4)A respondent may not be detained in a jail or other correctional facility pending a hearing or trial to determine whether the respondent should be committed to a mental health facility.