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. § 53-21-124 (2026)

Detention Of Respondent Pending Hearing Or Trial -- Jail Prohibited

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 53
  3. CHAPTER 21
  4. Part 1
  5. 53-21-124 Detention of respondent pending hearing or trial -- jail prohibited

TITLE 53. SOCIAL SERVICES AND INSTITUTIONS

CHAPTER 21. MENTALLY ILL

Part 1. Treatment of the Seriously Mentally Ill

Detention Of Respondent Pending Hearing Or Trial -- Jail Prohibited

53-21-124. Detention of respondent pending hearing or trial -- jail prohibited. (1) The court may not order detention of a respondent pending the hearing unless requested by the county attorney and upon the existence of probable cause for detention. Counsel must be orally notified immediately. Counsel for the respondent may then request a detention hearing, which must be held immediately.

(2) In the event of detention, the respondent must be detained in the least restrictive setting necessary to ensure the respondent's presence and ensure the safety of the respondent and of others as provided in 53-21-120.

(3) If the respondent is detained, the respondent has the right to be examined additionally by a professional person of the respondent's choice, which may not depend on the respondent's ability to pay, and the respondent must be informed of this right. Unless objection is made by counsel for the respondent, the respondent must continue to be evaluated and treated by the professional person pending the hearing.

(4) A respondent may not be detained in a jail or other correctional facility pending a hearing or trial to determine whether the respondent should be committed to a mental health facility.

History: En. 38-1305 by Sec. 5, Ch. 466, L. 1975; amd. Sec. 5, Ch. 546, L. 1977; R.C.M. 1947, 38-1305(5); amd. Sec. 2, Ch. 360, L. 1989; amd. Sec. 4, Ch. 312, L. 1991; amd. Sec. 2, Ch. 636, L. 1991; amd. Sec. 10, Ch. 342, L. 2001.

Notes of Decisions
Cited in 10 cases, 1984–2017 · leading case: In Re the Mental Health of K.G.F., 2001 MT 140, 29 P.3d 485.
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In Re the Mental Health of K.G.F., 2001 MT 140, 29 P.3d 485. · cites it 20× “107, established the use of two-way electronic audio-video communication for the initial hearing under § 53-21-122, MCA; the detention hearing under § 53-21-124, MCA, the trial or hearing on a petition under § 53-21-126, MCA; the hearing on post-trial disposition under §…”
In Re the Mental Health of E.T., 2008 MT 299, 191 P.3d 470. · cites it 12× “Instead, the Legislature provided persons who were detained by the court for evaluation and treatment pending the § 53-21-126, MCA hearing on the petition with the right to an immediate detention hearing under § 53-21-124, MCA. This revised statutory scheme provides the persons…”
Matter of Shennum, 684 P.2d 1073 (Mont. 1984). · cites it 6× “Section 53-21-124, MCA, provides that the court may not order the detention of the respondent pending the hearing unless "requested by the county attorney and upon the existence of probable cause for detention.”
In re S.M., 2017 MT 244, 403 P.3d 324. · cites it 2× “Civil commitment proceedings operate on an expedited time frame, § 53-21-122(2)(a), MCA, (hearingon the petition mustbe within five days of initial appearance), and the respondent may not be detained in a jail or other correctional facility pending commitment, § 53-21-124(4),…”
In Re the Mental Health of O.R.B., 2008 MT 301, 191 P.3d 482. · cites it 2× “] The court determined that there was probable cause, pursuant to § 53-21-124, MCA, for the filing of the petition and that an emergency existed requiring O.”
In re B.O.T., 2015 MT 40, 342 P.3d 981. · cites it 2× “be detained at Montana State Hospital (MSH) pursuant to § 53-21-124, MCA. ¶6 During the commitment hearing on December 27,2013, the State presented the testimony of Thomas Hodgetts, a licensed clinical social worker and certified mental health professional with Western Montana…”
In re N.A., 2014 MT 257, 334 P.3d 915. · cites it 2× “’s request, the court held a detention hearing pursuant to § 53-21-124, MCA, and heard testimony from N.”
Matter of S.M., 2017 MT 244, 389 Mont. 28. · cites it 2× “Civil commitment proceedings operate on an expedited time frame, § 53-21-122(2)(a), MCA, (hearing on the petition must be within five days of initial appearance), and the respondent may not be detained in a jail or other correctional facility pending commitment, § 53-21-124(4),…”
Matter of B.O.T., 2015 MT 40, 342 P.3d 981. · cites it 2× “be detained at Montana State Hospital (MSH) pursuant to § 53-21-124, MCA. ¶6 During the commitment hearing on December 27, 2013, the State presented the testimony of Thomas Hodgetts, a licensed clinical social worker and certified mental health professional with Western Montana…”
Matter of N.A., 2014 MT 257, 334 P.3d 915. · cites it 2× “’s request, the court held a detention hearing pursuant to § 53-21-124, MCA, and heard testimony from N.”
Mont. Code Ann. § 53-21-124(1): 2 cases
In Re the Mental Health of K.G.F., 2001 MT 140, 29 P.3d 485. “107, established the use of two-way electronic audio-video communication for the initial hearing under § 53-21-122, MCA; the detention hearing under § 53-21-124, MCA, the trial or hearing on a petition under § 53-21-126, MCA; the hearing on post-trial disposition under §…”
In Re the Mental Health of E.T., 2008 MT 299, 191 P.3d 470. “Instead, the Legislature provided persons who were detained by the court for evaluation and treatment pending the § 53-21-126, MCA hearing on the petition with the right to an immediate detention hearing under § 53-21-124, MCA. This revised statutory scheme provides the persons…”
Mont. Code Ann. § 53-21-124(3): 1 case
In Re the Mental Health of K.G.F., 2001 MT 140, 29 P.3d 485. “107, established the use of two-way electronic audio-video communication for the initial hearing under § 53-21-122, MCA; the detention hearing under § 53-21-124, MCA, the trial or hearing on a petition under § 53-21-126, MCA; the hearing on post-trial disposition under §…”
Mont. Code Ann. § 53-21-124(4): 2 cases
In re S.M., 2017 MT 244, 403 P.3d 324. “Civil commitment proceedings operate on an expedited time frame, § 53-21-122(2)(a), MCA, (hearingon the petition mustbe within five days of initial appearance), and the respondent may not be detained in a jail or other correctional facility pending commitment, § 53-21-124(4),…”
Matter of S.M., 2017 MT 244, 389 Mont. 28. “Civil commitment proceedings operate on an expedited time frame, § 53-21-122(2)(a), MCA, (hearing on the petition must be within five days of initial appearance), and the respondent may not be detained in a jail or other correctional facility pending commitment, § 53-21-124(4),…”
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.