53-21-193. Commitment and transportation to mental health facilities -- preference -- voluntary treatment. (1) If a respondent is committed to the state hospital under 53-21-127, or if a person in an emergency situation requires detention under 53-21-129, and a bed is available at a community facility, a category D assisted living facility, a community program, an appropriate course of inpatient treatment, or a behavioral health inpatient facility, the professional person shall inform the county attorney, who shall inform the person who is responsible for transporting the individual as to the appropriate facility to which the individual is to be transported for admission. The state hospital is the placement of last resort.

(2) If a respondent is committed to, or an individual requires emergency detention in, a community facility, a category D assisted living facility, a community program, an appropriate course of inpatient treatment, or a behavioral health inpatient facility, the facility, program, or inpatient treatment provider must be notified and the facility, program, or inpatient treatment provider shall state that a bed is available and agree to accept transfer of the patient based on admission criteria before a respondent may be transferred to the facility, program, or course of inpatient treatment under this section.

(3) A respondent who is committed to, or an individual who is transferred to, a community facility, a category D assisted living facility, a community program, an appropriate course of inpatient treatment, or a behavioral health inpatient facility may only be transferred to the state hospital for the remaining period of commitment in accordance with criteria established by the department by administrative rule.

(4) A court order for commitment, transport, or transfer must include the commitment, transport, or transfer authority, and all conditions or requirements imposed on the Montana state hospital contained in the court order apply only after the transport of a respondent that complies with the requirements of this provision.

(5) The court may not order commitment, transport, or transfer of the respondent to a community facility, a category D assisted living facility, a community program, an appropriate course of inpatient treatment, or a behavioral health inpatient facility under this part if a bed is not available or if the licensed capacity would be exceeded.

(6) If a bed is available, a community facility, a category D assisted living facility, a community program, an appropriate course of inpatient treatment, or a behavioral health inpatient facility may admit a person for voluntary treatment.

(7) The department shall establish a fee schedule and administrative rules to address the payment of costs associated with the commitment of a person to a behavioral health inpatient facility as provided by this section.