Montana Statutes
§ 46-14-204 — Prosecution's Right To Examination
Montana·Title 46 CRIMINAL PROCEDURE·Ch. 14 MENTAL COMPETENCY OF ACCUSED·Part 2 Procedure When Mental Disease or Disorder an Issue
46-14-204 . Prosecution's right to examination.
(1)When the defense discloses the report of the examination to the prosecution or files a notice of the intention to rely on a defense of mental disease or disorder, the prosecution is entitled to have the defendant examined by a qualified psychiatrist, licensed clinical psychologist, or advanced practice registered nurse.
(2)The report of the examination must be disclosed to the defense within 10 days of its receipt by the prosecution.
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Legislative History
En. Sec. 153, Ch. 800, L. 1991; amd. Sec. 3, Ch. 303, L. 2001; amd. Sec. 14, Ch. 161, L. 2015.
Nearby Sections
15
§ 46-14-102
Evidence Of Mental Disease Or Disorder Or Developmental Disability Admissible To Prove State Of Mind§ 46-14-201
Renumbered 46-14-214§ 46-14-203
Renumbered 46-14-206§ 46-14-204
Prosecution's Right To Examination§ 46-14-205
Access To Defendant For Examination§ 46-14-206
Report Of Examination§ 46-14-207
Through 46-14-210 Reserved§ 46-14-211
Repealed§ 46-14-212
Renumbered 46-14-205§ 46-14-214
Form Of Verdict And Judgment -- Determination Of Maximum Period Of Confinement -- Victim Findings§ 46-14-215
And 46-14-216 Reserved