State launching program to increase access to forensic fitness evaluations
The state is offering incentives to local providers to conduct community based court-ordered forensic fitness evaluations with a $7.5 million investment announced Friday to help address the backlog of cases in the state.
Mental health professionals conduct court-ordered forensic fitness evaluations to determine a person’s mental state and if they are fit to stand trial.
Increased access to the evaluations reduces the reliance on the Montana State Hospital for evaluations, Department of Public Health and Human Services Director Charlie Brereton said in a statement. Most evaluations up to this point have been conducted by one psychiatrist at the Forensic Mental Health Facility in Warm Springs.
“This pilot initiative provides the judicial system with the option of utilizing local community providers to conduct these services when appropriate,” Brereton said in a statement.
The $7.5 million investment was allocated as part of the $300 million the state dedicated to behavioral health that passed in the 2023 legislative session.
The fund was approved by the Behavioral Health System for Future Generations Commission, which was created by the same legislation in 2023, and Gov. Greg Gianforte.
Under the new system, a County Attorney may request a judge specify that a court-ordered forensic fitness evaluation be completed locally. If approved, the County Attorney’s office can select from a list of providers currently performing these services.
The state said the community-based evaluations can occur in jails, the provider’s office, in private hospitals, other community-settings, or via telehealth. Once the evaluation is done, the County Attorney will complete a form allowing the provider to bill DPHHS.
The department said it reached out to providers to verify their willingness to participate in this new process and describe the new system. DPHHS said it sent an instructional memorandum to County Attorneys and will also continue its communications with the judiciary.