§ 53-21-129 — Emergency Situation -- Petition -- Detention -- Exception

Montana § 53-21-129

• Jurisdiction: Montana
• Title 53: SOCIAL SERVICES AND INSTITUTIONS
• Ch. 21: MENTALLY ILL
• Part 1: Treatment of the Seriously Mentally Ill

Text

53-21-129 . Emergency situation -- petition -- detention -- exception. (1) When an emergency situation as defined in 53-21-102 exists, a peace officer or emergency care provider as defined in 50-6-202 may take any person who appears to have a mental disorder and appears to require commitment into custody only for sufficient time to contact a professional person for emergency evaluation. If possible, a professional person should be called prior to taking the person into custody.
(2) Except as provided in subsection (6), if the professional person agrees that the person detained is in an emergency situation as defined in 53-21-102 , then the person may be detained and treated for up to 72 hours, or until the person can be placed at a mental health facility in accordance with subsection (4). At that time, the professional person shall release the detained person or file findings with the county attorney. If the county attorney determines probable cause to believe that an emergency situation exists, the county attorney shall file the petition provided for in 53-21-121 through 53-21-126 in the county of the respondent's residence. In either case, the professional person shall file a report with the court explaining the professional person's actions.
(3) (a) The county attorney of a county may make arrangements with a federal, state, regional, or private mental facility or with a mental health facility in a county for the detention of persons held pursuant to this section. If an arrangement has been made with a facility that does not, at the time of the emergency, have a bed available to detain the person at that facility, the person may be transported to any other mental health facility, subject to 53-21-193 and subsections (4) and (5) of this section, for detention and treatment as provided in this part. This determination must be made on an individual basis in each case, and the professional person at the local facility shall certify in writing to the county attorney that the facility does not have adequate room at that time.
(b) A person may not be detained at a private mental health facility or hospital without the express consent of the facility or hospital.
(4) (a) Before a person may be transferred to a mental health facility or the state hospital under this section, the mental health facility or the state hospital must be notified prior to transfer and shall state whether a bed is available for the person and whether admission would cause the facility or the state hospital to exceed its licensed capacity. If the professional person, the mental health facility, and the state hospital agree that a mental health facility or the state hospital is the appropriate facility for the emergency detention, that a bed is available, and that admission will not cause the mental health facility or the state hospital to exceed its licensed capacity, the county attorney shall direct the person to the appropriate facility to which the person must be transported for emergency detention.
(b) If the professional person, the mental health facility, and the state hospital agree that the state hospital is the appropriate facility for the emergency detention, or if the person has been involuntarily committed to the state hospital while detained at another mental health facility, and a bed is not available at the state hospital or the person's admission would cause the state hospital to exceed its licensed capacity, the state hospital shall provide the professional person and the mental health facility with a projected time when a bed may become available for the person.
(5) A person may only be placed at the state hospital under this section as a placement of last resort.
(6) If the professional person determines that the person meets the requirements for a 72-hour mental health hold prescribed in 53-21-154 , then the requirements of 53-21-154 apply.

Legislative History

En. 38-1307 by Sec. 7, Ch. 466, L. 1975; amd. Sec. 7, Ch. 546, L. 1977; R.C.M. 1947, 38-1307; amd. Sec. 1, Ch. 560, L. 1983; amd. Sec. 25, Ch. 490, L. 1997; amd. Sec. 7, Ch. 513, L. 2003; amd. Sec. 2, Ch. 116, L. 2007; amd. Sec. 3, Ch. 308, L. 2013; amd. Sec. 7, Ch. 608, L. 2025; amd. Sec. 3, Ch. 609, L. 2025.