- 2025 69th Legislature 2025 HB0912.2 - 1 - Authorized Print Version – HB 912 1 HOUSE BILL NO. 912 2 INTRODUCED BY S. KELLY, M. CUNNINGHAM, B. MERCER, A. REGIER, T. SHARP 3 4 A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING LAWS RELATED TO BEHAVIORAL 5 HEALTH; CREATING A SECURE FORENSIC FACILITY; PROVIDING MINIMUM REQUIREMENTS FOR THE 6 FACILITY AND ITS SERVICES; ALLOWING THE BEHAVIORAL HEALTH SYSTEM FOR FUTURE 7 GENERATIONS FUND TO SUPPORT THE CONSTRUCTION OF NEW PROPERTY TO SUPPORT 8 BEHAVIORAL HEALTH SETTINGS AND IMMEDIATE CARE FACILITIES; PROVIDING AN 9 APPROPRIATION; AMENDING SECTION 50-1-119, MCA; AND PROVIDING AN EFFECTIVE DATE.” 10 11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA: 12 13 NEW SECTION. Section 1. (1) The department of public 14 health and human services ADMINISTRATION shall oversee the construction and operation of a secure forensic 15 facility to provide care, treatment, and security for individuals who have been adjudicated as guilty but mentally 16 ill, not guilty by reason of mental illness, or in need of forensic evaluations or competency restoration prior to 17 legal proceedings. 18 (2) The facility must be designed to house a maximum of 70 patients. 19 (3) The facility must be located east of a line running north and south through Big Timber, 20 Montana, at a site determined by the department in consultation with other appropriate state agencies. 21 22 NEW SECTION. Section 2. (1) The secure forensic facility 23 established in [section 1] must provide: 24 (a) secure housing units designed to meet the needs of forensic patients; 25 (b) onsite psychiatric and medical treatment services; 26 (c) competency restoration programs; 27 (d) rehabilitation and reintegration services; 28 (e) adequate security measures to ensure the safety of patients, staff, and the public; and - 2025 69th Legislature 2025 HB0912.2 - 2 - Authorized Print Version – HB 912 1 (f) a clinical environment and supplies to support the involuntary administration of medication to a 2 patient at the facility under a court order when necessary for the treatment and stabilization of a patient. 3 (2) The department shall develop rules and policies for patient admissions, treatment, involuntary 4 medication, and discharge in compliance with state and federal laws. 5 6 Section 50-1-119, MCA, is amended to read: 7 "50-1-119. (1) There is an account in the 8 state special revenue fund established in 17-2-102 to be known as the behavioral health system for future 9 generations fund. 10 (2) There must be deposited in the account money received from legislative general fund transfers. 11 (3) Eligible uses of the fund include: 12 (a) medicaid and CHIP matching funds for payments made to behavioral health settings; 13 (b) medicaid and CHIP matching funds for payments made to intermediate care facilities for 14 individuals with intellectual disabilities; 15 (c) statewide community-based investments to stabilize behavioral health and developmental 16 disabilities service providers and delivery, increase and strengthen the behavioral health and developmental 17 disabilities workforce, increase service capacity to meet identified behavioral health and developmental 18 disabilities services demands, and increase opportunities for Montanans to receive integrated physical and 19 behavioral health care; 20 (d) acquisition or construction of new or remodeling of existing infrastructure or property to support 21 the establishment of behavioral health settings and intermediate care facilities for individuals with intellectual 22 disabilities; 23 (e) planning, operation, or other contract expenses associated with intermediate care facilities for 24 individuals with intellectual disabilities; 25 (f) planning, operation, or other contract expenses associated with behavioral health settings; and 26 (g) studying and planning of the development of a comprehensive behavioral health system. 27 (4) Funds in this account may not be used to operate existing state facilities." 28 - 2025 69th Legislature 2025 HB0912.2 - 3 - Authorized Print Version – HB 912 1 NEW SECTION. Section 4. (1) There is appropriated $60 million from the behavioral 2 health system for future generations fund established in 17-2-102 for the biennium beginning July 1, 2025, to 3 the department of public health and human services for the purpose of planning, designing, 4 constructing, and equipping the secure forensic facility established in [section 1]. 5 (2) Any unexpended funds remaining after the completion of the facility must revert to the 6 behavioral health system for future generations fund established in 17-2-102. 7 8 NEW SECTION. Section 5. [This act] is effective July 1, 2025. 9 - END -