House Joint Resolution 75 requests an interim legislative study of the Montana State Hospital and patient-transition issues, with a report due to the 70th Legislature. The resolution is aimed at evaluating how the hospital can better focus on forensic commitments and the most serious civil commitments, while reducing reliance on the hospital for patients whose primary diagnoses include Alzheimer’s disease, other dementias, or traumatic brain injury and who are not considered a danger to themselves or others.
The study would also examine ways to expand community-based supports and treatment options so patients can move from the state hospital into less restrictive settings. It specifically directs attention to community treatment teams, community commitment programs, alternatives to court-ordered fitness evaluations and fitness restoration on the hospital campus, and the short- and long-term bed space needs at the hospital compared with the cost of community alternatives. The resolution sets a deadline for completion of the study by September 15, 2026, and requires final findings to be reported back to the legislature.
Impact
HJ 75 would not directly amend Montana statutes, but it would direct the Legislative Council to assign an interim committee or staff to study the Montana State Hospital and related patient-transition issues under existing legislative study authority. Its practical effect would be to generate recommendations that could influence future policy on civil commitment, forensic treatment, competency restoration, community placement, and hospital capacity planning. The resolution also references prior legislation, including HB 29 from 2023, which sought to limit commitment of individuals who are not dangerous after June 30, 2025.
Sentiment
The bill appears to have had generally favorable support in the House and in the Senate committee process, passing the House Human Services Committee unanimously and clearing House floor votes by comfortable margins. It also received initial approval in the Senate Public Health, Welfare and Safety Committee. However, the measure ultimately stalled in the Senate, where a motion to pass it failed and the bill was indefinitely postponed, indicating that support was not sufficient to advance the resolution to final passage.
Contention
The main point of contention appears to have been whether the Legislature should formally undertake this study and, by extension, how much emphasis should be placed on shifting patients away from the Montana State Hospital and into community-based alternatives. Supporters emphasized the hospital’s need for ongoing oversight, its current use for patients with dementia or traumatic brain injury who may not need that setting, and the need to restore the hospital’s focus on forensic and serious civil commitments. The Senate’s failure to pass the measure suggests some lawmakers were unconvinced about the resolution’s necessity, scope, or policy direction, particularly as it relates to community commitment programs, competency restoration alternatives, and future bed-space planning.
Interim study to identify and improve access to federal grant opportunities for the state of Montana, tribal governments, and local government entities