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Bill would allow jail‑based and telehealth competency evaluations to reduce hospital backlog
Summary
Representative James Reavis' bill would authorize fitness‑to‑proceed evaluations in detention centers, permit audio‑visual evaluations and create a roster of approved evaluators to reduce delays and preserve hospital resources for restoration treatment.
Representative James Reavis told the Senate Judiciary Committee that House Bill 236 addresses delays in pretrial fitness‑to‑proceed evaluations by authorizing clinical evaluations to be performed in detention centers and by electronic two‑way audio‑visual means when clinically appropriate.
Why it matters: Reavis said Montana's constitutional due‑process requirement for fitness to proceed requires timely evaluations; current practice can create a backlog at Galen, the Warm Springs facility used for evaluations, and delay criminal proceedings. The bill would preserve courtroom protections while allowing evaluations to occur at county detention centers or by telehealth, and it would create a list of qualified evaluators (psychiatrists, psychologists, advanced practice registered nurses) who may perform evaluations when appropriate.
Supporters explained that evaluation and restoration are distinct: evaluation is an assessment of understanding and ability to assist in defense, while restoration (treatment to restore competency) typically requires a hospital or therapeutic setting. David Carlson of Disability Rights Montana said jail‑based evaluations can reduce hospital bed delays and reserve inpatient restoration resources for those who need them.
Committee questions focused on fiscal impact and workforce capacity. Senators noted fiscal notes showing zero net fiscal impact; Representative Reavis and witnesses said evaluations are included in recent mental‑health budget initiatives and argued the bill could reduce costs by avoiding lengthy inpatient evaluation waits. Senators also asked whether local supply of qualified clinicians and willingness to enter detention centers would be adequate; the sponsor said telehealth options and creating an approved evaluator list aim to address geographic gaps. The committee asked the sponsor to follow up with the Department of Corrections and the Office of the Public Defender for details and fiscal clarifications.
No formal committee vote was recorded during the hearing.
