Involuntary Holds in Montana: What You Need To Know
In Montana, an Involuntary Hold, also known as Involuntary Commitment, is an order by a court requiring an individual to receive treatment for a mental disorder without their consent. This occurs when the individual is at risk of harming themselves or others.
Criteria for Involuntary Commitment in Montana
There are a few criteria to involuntarily commit an individual to a facility:
Respondent is an Adult
Respondent has a Mental Disorder
Respondent Requires Commitment
In Montana, some examples of mental health disorders are:
Bipolar Disorder
Schizophrenia
Borderline Personality Disorder
Dementia
Unspecified Neurocognitive Disorder
However, the term does not include
Substance Abuse Disorder
Addiction to drugs or alcohol
Drug or alcohol intoxication
Intellectual disability
Epilepsy
When Does the Individual Require Commitment
In order to identify whether a person requires involuntary commitment, be observant about their behavior. Some indicators of an individual requiring commitment are:
The respondent, because of a mental disorder, is substantially unable to provide for the respondent’s own basic needs of food, clothing, shelter, health, or safety.
The respondent has recently, because of a mental disorder and through an actor an omission, caused self-injury or injury to others.
Because of a mental disorder, there is an imminent threat of injury to the respondent or to others because of the respondent’s acts or omissions.
The respondent’s mental disorder, as demonstrated by the respondent's recent acts or omissions, will, if untreated, predictably result in deterioration of the respondent’s mental condition to the point at which the respondent will become a danger to self or to others or will be unable to provide for the respondent's own basic needs of food, clothing, shelter, health, or safety.
The Process of Involuntary Commitment in Montana
There are 8 steps in the process of involuntary commitment.
1. Protective Custody
In an emergency situation, a peace officer may take any person posing danger to themselves or others into temporary custody.
Danger to self or others due to a suspected mental disorder.
Inability to meet basic needs (food, shelter, etc.).
Investigation includes: Witness statements, observed behavior, and direct contacts.
2. Mental Health Evaluation
The evaluator must be certified by Montana DHHS.
Could be a psychiatrist, psychologist, APRN (psych), or medical doctor.
Process includes: Evaluating the person, reviewing their history, and contacting family/friends.
3. Emergency Detention
If the Professional Person determines the person is a danger due to a mental disorder:
A person can be detained and treated until the next business day.
The County Attorney’s Office must authorize this.
A Legal/Mental Status Report is submitted to initiate a formal commitment process.
4. Petition for Commitment
Filed by the Professional Person and includes:
Respondent’s identity
Alleged facts about mental disorder
Next of kin and legal representatives
Facility requested for commitment
The court reviews the petition and issues an order if probable cause is found.
5. Initial Appearance
Held by video from the mental health facility.
Court informs respondent of rights, appoints a lawyer and a “friend” (support person).
Respondent can stipulate to commitment or request a hearing.
If contested, the court schedules a hearing and a second evaluation.
6. Second Evaluation
Determines whether to:
Dismiss the case if person has improved
Suspend and divert to short-term treatment
Continue commitment if disorder remains
7. Contested Hearing
Must happen within 5 days of initial appearance.
Evidence presented includes witness testimony.
Standards of proof:
“Reasonable degree of medical certainty” for diagnosis
“Proof beyond a reasonable doubt” for physical facts
“Clear and convincing evidence” for other matters
Outcomes:
Dismissal – no commitment
Suspended commitment – diverted to short-term care (e.g., Hope House)
Community commitment – up to 90 days with treatment plan
State Hospital commitment – for more intensive care
8. Commitment
Must be the least restrictive setting needed for safety and treatment.
Max duration: 3 months.
Placement options include:
Montana State Hospital
Local inpatient behavioral health facilities
Community programs or care under guardianship
Nursing care center
Involuntary medication can be ordered by the court if necessary.
Community commitment includes:
Treatment plans
Medication compliance
Temporary inpatient stays
Substance use treatment
Housing or guardianship conditions
The Patient’s Rights
Here is a list of the respondent’s rights in court:
To notice reasonably in advance of any court proceeding.
In any hearing, to be present, offer evidence, and present witnesses.
To know before a hearing the names and addresses of any witnesses who will testify in support of the petition.
In any hearing, to cross-examine witnesses.
To be represented by counsel.
To remain silent.
In any hearing, to be proceeded against according to the Montana Rules of Evidence.
To view and copy all petitions concerning the person.
To be examined by a professional person of the person’s choice when such a professional person is willing and reasonably available.
To be dressed in person’s own clothes at any commitment proceeding.
To refuse any but lifesaving medication for up to 24 hours prior to any commitment hearing.
To voluntarily take necessary medications prior to any hearing.
