53-21-199. Option for diversion from involuntary commitment to Montana state hospital -- diversion to category D assisted living facilities. (1) It is the intent of the legislature to divert individuals from all forms of involuntary commitment. When it is not possible to divert an individual from involuntary commitment, it is the intent of the legislature that commitment to the Montana state hospital serves as a last resort because the Montana state hospital is the most restrictive and least cost-effective form of mental health treatment in the state.

(2) A person with a mental disorder who is detained or considered for detention under 53-21-120(4) maybe diverted to a category D assisted living facility pursuant to the processes outlined in this section.

(3) A court may dismiss involuntary treatment proceedings to facilitate voluntary treatment at a category D assisted living facility if:

(a) the court finds that a person detained or considered for detention under this chapter is likely to benefit from the services of a category D assisted living facility;

(b) a category D assisted living facility is willing to serve the person; and

(c) the person is willing to receive services from the category D assisted living facility.

(4) If voluntary diversion to a category D assisted living facility as provided in subsection (3) is not possible and a court, after obtaining the results of an examination as provided in 53-21-123, finds that a short-term inpatient treatment is inappropriate for a person who otherwise is eligible for involuntary commitment to the Montana state hospital, the court may initiate the process necessary to determine eligibility to divert the person from the Montana state hospital by ordering involuntary commitment to a category D assisted living facility.

(5) For a person to be eligible for diversion from the Montana state hospital to a category D assisted living facility pursuant to subsection (4), a court determination and an examination under 53-21-123 must indicate that the person:

(a) meets the requirements of commitment;

(b) meets the eligibility requirements of 50-5-226; and

(c) has been approved for admission by a category D assisted living facility.

(6) (a) No later than 30 days before the end of a commitment period, the category D assisted living facility that approved a person for admission may provide notice to the court that the facility is no longer able to meet the treatment needs of the person committed to the facility's care.

(b) On receipt of the notice from a category D assisted living facility, the court shall initiate the process to determine if the person continues to meet the requirements under subsection (5) for diversion to a category D assisted living facility.

(c) If the person meets the requirements for commitment to a category D assisted living facility under subsection (5), but no category D assisted living facility has approved the person for admission, the court may commit the person to the Montana state hospital subject to the provisions of 53-21-127.