Montana Title 53. Social Services and Institutions § 53-21-199. Option for diversion from involuntary commitment to Montana state hospital--diversion to category D assisted living facilities

(1) It is the intent of the legislature to divert individuals from all forms of involuntary commitment.  When it is not possible to divert an individual from involuntary commitment, it is the intent of the legislature that commitment to the Montana state hospital serves as a last resort because the Montana state hospital is the most restrictive and least cost-effective form of mental health treatment in the state.

(2) A person with a mental disorder who is detained or considered for detention under 53-21-120(4) may be diverted to a category D assisted living facility pursuant to the processes outlined in this section.

(3) A court may dismiss involuntary treatment proceedings to facilitate voluntary treatment at a category D assisted living facility if:

(4) If voluntary diversion to a category D assisted living facility as provided in subsection (3) is not possible and a court, after obtaining the results of an examination as provided in 53-21-123, finds that a short-term inpatient treatment is inappropriate for a person who otherwise is eligible for involuntary commitment to the Montana state hospital, the court may initiate the process necessary to determine eligibility to divert the person from the Montana state hospital by ordering involuntary commitment to a category D assisted living facility.

(5) For a person to be eligible for diversion from the Montana state hospital to a category D assisted living facility pursuant to subsection (4), a court determination and an examination under 53-21-123 must indicate that the person: