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.

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