Montana does have legal mechanisms to involuntarily detain individuals for mental health treatment, but only short term and only if they are believed to pose a threat to themselves or others.
Involuntary Commitment Law in Montana
(Title 53, Chapter 21, MCA) Under Montana Code 53-21-129, a person may be involuntarily detained and evaluated if: "There is probable cause to believe that the person suffers from a mental disorder
and presents an imminent threat of injury to the person or others due to the mental disorder."
A person can be detained for up to 72 hours in this situation, and during that time a court order may be sought to keep them longer.
I like to think that there are no stupid questions (only stupid answers)
Yes I believe they can, under certain circumstances and with a court order.
The key ruling is Washington v. Harper (1990):
The Supreme Court held that prisoners can be forcibly medicated with antipsychotic drugs if:
- They have a serious mental illness, and
- They are a danger to themselves or others, and
- The treatment is in their medical interest and
- The decision is made through procedural safeguards, not arbitrarily.
Federal law, appears to cover all states.
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