53-21-1201. Diversion of certain persons suffering from mental disorders from detention center. (1) The sheriff or administrator of a detention center in each county shall require screening of inmates to identify persons accused of minor misdemeanor offenses who appear to be suffering from mental disorders and who may require commitment, as defined in 53-21-102.
(2) If as a result of screening and observation it is believed that an inmate is suffering from a mental disorder and may require commitment, the sheriff or administrator of the detention center shall:
(a) request services from a crisis intervention program established by the department, as provided for in 53-21-1202;
(b) refer the inmate to the nearest qualified mental health care provider as arranged by the county; or
(c) subject to 53-21-193 and subsection (3) of this section, transfer the inmate to a private mental health facility, a behavioral health inpatient facility, or a hospital equipped to provide treatment and care of persons who are suffering from a mental disorder and who require commitment.
(3) The facility must be notified, and the facility shall state that a bed is available and agree to accept transfer of the patient based on admission criteria before a person may be transferred under this section.
(4) As used in this section, the term "minor misdemeanor offense" includes but is not limited to a nonserious misdemeanor, such as criminal trespass to property, loitering, disorderly conduct, and disturbing the public peace.
(5) A person intoxicated by drugs or alcohol who is accused of a minor misdemeanor offense may be detained in a jail until the level of intoxication is reduced to the point that screening for a mental disorder and the need for commitment can be performed.
History: En. Sec. 3, Ch. 636, L. 1991; amd. Sec. 2, Ch. 312, L. 1993; amd. Sec. 488, Ch. 546, L. 1995; amd. Sec. 28, Ch. 490, L. 1997; amd. Sec. 4, Ch. 247, L. 1999; amd. Sec. 8, Ch. 513, L. 2003; amd. Sec. 4, Ch. 561, L. 2003; amd. Sec. 14, Ch. 602, L. 2003; Sec. 53-21-138, MCA 2007; redes. 53-21-1201 by Sec. 3(2), Ch. 479, L. 2009.