Montana Title 53. Social Services and Institutions § 53-30-708. Mental health status review

(1) When a housing or management unit exists for adult or youth inmates with a mental disorder, procedures adopted pursuant to 53-30-703(7) must provide for placements, assessments, specialized treatments, program services, and scheduled case reviews by qualified mental health professionals in accordance with policies established by the department.

(2) Upon notification that an inmate has been placed in restrictive housing, a qualified health care professional will review the inmate's health record. If an existing medical, mental health, or dental need requires accommodation, custody staff must be notified.

(3) When reviewing the health records of an inmate with a mental disorder who has been placed in restrictive housing, a qualified health care professional shall notify mental health staff. This review and notification must be documented in the inmate's health record.

(4) The procedures established pursuant to 53-30-703(7) must provide that an inmate entering restrictive housing must be seen and assessed by a qualified mental health professional or health care professional, in accordance with the national commission on correctional health care standards. Each contact must be documented in the inmate's record, and the notation must contain, at a minimum, a status report and the date and time of the contact. Individual documentation must be filed in the inmate's medical and mental health records.

(5) A qualified mental health professional shall complete a mental health appraisal within the period set by American correctional association standards after an inmate's placement in restrictive housing. The appraisal may include a mental health review that has been completed by health care personnel at the time the inmate is placed in restrictive housing. If confinement continues beyond 30 days, a qualified mental health professional shall complete an updated mental health appraisal with the frequency set by American correctional association standards for an inmate with a diagnosed mental disorder and more frequently if clinically indicated. For an inmate without a mental disorder, the appraisal must be completed with the frequency set by American correctional association standards and more frequently if clinically indicated. The mental health appraisal must be conducted in a manner that ensures confidentiality. Dissemination of any information obtained in the mental health appraisal must be for the limited purpose of institutional safety and security.

(6) An inmate diagnosed with a severe mental illness may not be placed in restrictive housing for more than 14 days unless a multidisciplinary service team determines there is an immediate and present danger to others or to the safety of the institution. If an inmate with a severe mental illness is placed in restrictive housing, the inmate must be provided with an active individualized treatment plan that includes weekly monitoring by mental health staff, treatment as necessary, and steps to facilitate the transition of the inmate back into the general population.