- 2025
69th Legislature 2025 HB0236.2
- 1 - Authorized Print Version – HB 236
1 HOUSE BILL NO. 236
2 INTRODUCED BY J. REAVIS, M. YAKAWICH
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT PROVIDING FOR EVALUATIONS IN DETENTION CENTERS OR
5 STATE PRISONSOF DEFENDANTS IN CRIMINAL PROCEEDINGS WHEN MENTAL DISEASE OR
6 DISORDER IS AN ISSUE; PROVIDING RULEMAKING AUTHORITY; AND AMENDING SECTIONS 7-32-2222
7 AND SECTION 46-14-202, MCA; AND PROVIDING AN EFFECTIVE DATE.”
8
9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
10
11 (Refer to Introduced Bill)
12 Strike everything after the enacting clause and insert:
13
14 NEW SECTION. SECTION 1. XAMINATIONS CONDUCTED AT DETENTION CENTER -- RULEMAKING
15. AN EXAMINATION TO DETERMINE A DEFENDANT'S FITNESS TO PROCEED AS PROVIDED IN 46-14-202 MAY BE
16. THIS EXAMINATION IS NOT A COMMITMENT UNDER 46-14-202(2).
17 (2) THE DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES SHALL ADOPT RULES TO IMPLEMENT THIS
18, INCLUDING RULES FOR HOW A PSYCHIATRIST, LICENSED CLINICAL PSYCHOLOGIST, OR ADVANCED PRACTICE
19. THE RULES MUST INCLUDE:
20 (A)
21;
22 (B)-WAY ELECTRONIC AUDIO AND VIDEO COMMUNICATION TO CONDUCT
23;
24 (C)-UP EXAMINATION IS NEEDED AT THE MONTANA STATE
25; AND
26 (D)46-14-202(1).
27
28ECTION 2. Section 46-14-202, MCA, is amended to read: - 2025
69th Legislature 2025 HB0236.2
- 2 - Authorized Print Version – HB 236
1 "46-14-202.
2 defendant's counsel files a written motion requesting an examination or if the issue of the defendant's fitness to
3 proceed is raised by the court, prosecution, or defense counsel, the court shall appoint at least one qualified
4 psychiatrist, licensed clinical psychologist, or advanced practice registered nurse or shall request the
5 superintendent of the Montana state hospital to designate at least one qualified psychiatrist, licensed clinical
6 psychologist, or advanced practice registered nurse, who may be or include the superintendent, to examine and
7 report upon on the defendant's mental condition.
8 (B) (I)WHETHER A PSYCHIATRIST, LICENSED CLINICAL PSYCHOLOGIST, OR ADVANCED PRACTICE
9'
10.
11 (II) IN ADDITION TO THE EXAMINER SELECTED BY THE DEPARTMENT,
1246-14-204, 46-14-205, AND THIS
13.
14 (2) The court may order the defendant to be committed to a hospital or other suitable facility for the
15 purpose of the examination for a period not exceeding 60 days or a longer period that the court determines to
16 be necessary for the purpose and may direct that a qualified psychiatrist, licensed clinical psychologist, or
17 advanced practice registered nurse retained by the defendant be permitted to witness and participate in the
18 examination.
19 (3) In the examination, any method may be employed that is accepted by the medical or
20 psychological profession for the examination of those alleged to be suffering from mental disease or disorder.
21 (4) (a) The costs incurred for an examination ordered under subsection (2) must be paid as
22 follows:
23 (i) if the issue of the defendant's fitness to proceed was raised by the court or the examination
24 was requested by the prosecution, the cost of the examination and other associated expenses must be paid by
25 the court or, in district court proceedings, by the office of court administrator, except as provided in subsection
26 (4)(a)(iv);
27 (ii) if the examination was requested by the defendant or the defendant's counsel, the cost of the
28 examination and other associated expenses must be paid by the defendant or, if the defendant was - 2025
69th Legislature 2025 HB0236.2
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1 represented by an attorney pursuant to the Montana Public Defender Act, Title 47, chapter 1, by the office of
2 state public defender, except as provided by subsection (4)(a)(iv);
3 (iii) if the examination was jointly requested by the prosecution and defense counsel or the need
4 for the examination was jointly agreed to by the prosecution and defense, the cost of the examination and other
5 associated expenses must be divided and paid equally by the court or, in district court proceedings, by the
6 office of court administrator, and the defendant or, if the defendant was represented by an attorney assigned
7 pursuant to the Montana Public Defender Act, Title 47, chapter 1, by the office of state public defender, except
8 as provided in subsection (4)(a)(iv);
9 (iv) any costs for an examination performed by an employee of the department of public health and
10 human services, any other associated expenses at a facility of the department of public health and human
11 services, and any other associated expenses for which the legislature has made a general fund appropriation to
12 the department of public health and human services may not be charged to the office of court administrator or
13 the office of state public defender.
14 (b) For the purposes of this subsection (4), "other associated expenses" means the following costs
15 incurred in association with the commitment to a hospital or other suitable facility for the purpose of
16 examination, regardless of whether the examination is done at the Montana state hospital or any other facility:
17 (i) the expenses of transporting the defendant from the place of detention to the place where the
18 examination is performed and returning the defendant to detention, including personnel costs of the law
19 enforcement agency by whom the defendant is detained;
20 (ii) housing expenses of the facility where the examination is performed; and
21 (iii) medical costs, including medical and dental care, including costs of medication."
22
23 NEW SECTION. SECTION 3. ODIFICATION INSTRUCTION. [SECTION 1] IS INTENDED TO BE CODIFIED AS AN
24T46, CHAPTER 14, PART 2, AND THE PROVISIONS OF TITLE 46, CHAPTER 14, PART 2, APPLY TO
25 [SECTION 1].
26
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