Mont. Code Ann. » TITLE 53. SOCIAL SERVICES AND INSTITUTIONS · CHAPTER 21. MENTALLY ILL · Part 1. Treatment of the Seriously Mentally Ill
Montana Code Annotated

Mont. Code Ann. § 53-21-101 (2026)

Purpose

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 53
  3. CHAPTER 21
  4. Part 1
  5. 53-21-101 Purpose

TITLE 53. SOCIAL SERVICES AND INSTITUTIONS

CHAPTER 21. MENTALLY ILL

Part 1. Treatment of the Seriously Mentally Ill

Purpose

53-21-101. Purpose. The purpose of this part is to:

(1) secure for each person who may be suffering from a mental disorder and requiring commitment the care and treatment suited to the needs of the person and to ensure that the care and treatment are skillfully and humanely administered with full respect for the person's dignity and personal integrity;

(2) accomplish this goal whenever possible in a community-based setting;

(3) accomplish this goal in an institutionalized setting only when less restrictive alternatives are unavailable or inadequate and only when a person is suffering from a mental disorder and requires commitment; and

(4) ensure that due process of law is accorded any person coming under the provisions of this part.

History: En. 38-1301 by Sec. 1, Ch. 466, L. 1975; amd. Sec. 1, Ch. 546, L. 1977; R.C.M. 1947, 38-1301; amd. Sec. 14, Ch. 490, L. 1997.

Notes of Decisions
Cited in 35 cases (5 in the last 5 years), 1981–2026 · leading case: In Re the Mental Health of K.G.F., 2001 MT 140 (Mont. 2001).
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In Re the Mental Health of K.G.F., 2001 MT 140 (Mont. 2001). · cites it 16× “In spite of scientific and social advances in our understanding and treatment of individuals with mental disorders in recent years—as expressed by the policy set forth under § 53-21-101, MCA—the Court in Sonsteng gave voice to the all-too-familiar common law notion that the…”
In re S.M., 403 P.3d 324 (Mont. 2017). · cites it 6× “” Section 53-21-101(1), MCA. A companion purpose is to “ensure that due process of law is accorded” to any person in civil commitment proceedings.”
In Re the Mental Health of D.V., 2007 MT 351 (Mont. 2007). · cites it 4× “that “one purpose of our laws governing the treatment of ‘seriously mentally ill’ persons is to ‘ensure that due process of law is accorded any person coming under the provisions of [Title 53, Chapter 21].”
In re J.S., 401 P.3d 197 (Mont. 2017). · cites it 3× “” Section 53-21-101(4), MCA; K. G.F., ¶ 26.”
Curtis v. Dist. Court of the Twenty-First Jud. Dist., 879 P.2d 1164 (Mont. 1994). · cites it 6× “Section 53-21-101, MCA. Under this chapter, the State is authorized to provide needed care and treatment involuntarily, where appropriate, but only pursuant to the procedural requisites and restrictions specifically provided by the Montana legislature.”
In Re the Mental Health of E.P.B., 2007 MT 224 (Mont. 2007). · cites it 2× “See § § 53-21-101(4), -115(2) and -115(4), MCA.”
In re S.D., 422 P.3d 122 (Mont. 2018). · cites it 2× “" Section 53-21-101(1), (4), MCA. In addition to "any other rights that may be guaranteed by the constitution of the United States and of this state," § 53-21-115(1) - (4), (7) MCA, enumerates some of a respondent's rights and establishes that a respondent has "the right to…”
Matter of J.S., 2017 MT 214 (Mont. 2017). · cites it 3× “” Section 53-21-101(4), MCA; K.G.F., ¶ 26. Importantly, in furtherance of that purpose and regarding the right to counsel, the Legislature expressly provided that a person has the right to be represented by counsel, § 53-21-115(5), MCA; that a person who is indigent “shall” have…”
State v. Mercer, 625 P.2d 44 (Mont. 1981). · cites it 3× “The defendant next contends that sentencing a man suffering from severe mental illness to prison violates the constitutional ban against cruel and unusual punishment as well as section 53-21-101(1), MCA. Under section 46-14-311, MCA, whenever a defendant is convicted of an…”
In re R.A.D., 753 P.2d 862 (Mont. 1988). · cites it 3× “Nonetheless, a reading of the express purpose of the act, Section 53-21-101, MCA, shows the need for protection of the incompetent person’s rights: “The purpose of this part is to: .”
In re the Mental Health of C.R.C., 2009 MT 125 (Mont. 2009). · cites it 5× ““We must recognize, after all, that an involuntary commitment is supposed to help, not punish, the person who ‘may be suffering from a mental disorder.”
In Re the Mental Health of L.C.B., 830 P.2d 1299 (Mont. 1992). · cites it 2× “This purpose is codified in § 53-21-101(1), MCA. In the Matter of J.B.”
Show all 35 citing cases →
— Mont. Code Ann. § 53-21-101(1) — 10 cases
In Re the Mental Health of K.G.F., 2001 MT 140 (Mont. 2001). “In spite of scientific and social advances in our understanding and treatment of individuals with mental disorders in recent years—as expressed by the policy set forth under § 53-21-101, MCA—the Court in Sonsteng gave voice to the all-too-familiar common law notion that the…”
In re S.M., 403 P.3d 324 (Mont. 2017). “” Section 53-21-101(1), MCA. A companion purpose is to “ensure that due process of law is accorded” to any person in civil commitment proceedings.”
In re S.D., 422 P.3d 122 (Mont. 2018). “" Section 53-21-101(1), (4), MCA. In addition to "any other rights that may be guaranteed by the constitution of the United States and of this state," § 53-21-115(1) - (4), (7) MCA, enumerates some of a respondent's rights and establishes that a respondent has "the right to…”
State v. Mercer, 625 P.2d 44 (Mont. 1981). “The defendant next contends that sentencing a man suffering from severe mental illness to prison violates the constitutional ban against cruel and unusual punishment as well as section 53-21-101(1), MCA. Under section 46-14-311, MCA, whenever a defendant is convicted of an…”
In Re the Mental Health of L.C.B., 830 P.2d 1299 (Mont. 1992). “This purpose is codified in § 53-21-101(1), MCA. In the Matter of J.B.”
— Mont. Code Ann. § 53-21-101(3) — 2 cases
In re C.M., 635 P.2d 273 (Mont. 1981).
Matter of CM, 635 P.2d 273 (Mont. 1981).
— Mont. Code Ann. § 53-21-101(4) — 14 cases
In Re the Mental Health of K.G.F., 2001 MT 140 (Mont. 2001). “In spite of scientific and social advances in our understanding and treatment of individuals with mental disorders in recent years—as expressed by the policy set forth under § 53-21-101, MCA—the Court in Sonsteng gave voice to the all-too-familiar common law notion that the…”
In re S.M., 403 P.3d 324 (Mont. 2017). “” Section 53-21-101(1), MCA. A companion purpose is to “ensure that due process of law is accorded” to any person in civil commitment proceedings.”
In Re the Mental Health of D.V., 2007 MT 351 (Mont. 2007). “that “one purpose of our laws governing the treatment of ‘seriously mentally ill’ persons is to ‘ensure that due process of law is accorded any person coming under the provisions of [Title 53, Chapter 21].”
In re J.S., 401 P.3d 197 (Mont. 2017). “” Section 53-21-101(4), MCA; K. G.F., ¶ 26.”
In Re the Mental Health of E.P.B., 2007 MT 224 (Mont. 2007). “See § § 53-21-101(4), -115(2) and -115(4), MCA.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.