Montana § 46-14-205 Access To Defendant For Examination

Montana Statutes

§ 46-14-205 — Access To Defendant For Examination

Montana·Title 46 CRIMINAL PROCEDURE·Ch. 14 MENTAL COMPETENCY OF ACCUSED·Part 2 Procedure When Mental Disease or Disorder an Issue

46-14-205 . Access to defendant for examination. If either the defendant or the prosecution wishes the defendant to be examined by a qualified psychiatrist, licensed clinical psychologist, or advanced practice registered nurse selected by the one proposing the examination in order to determine the defendant's fitness to proceed or whether the defendant had, at the time the offense was committed, a particular state of mind that is an essential element of the offense, the examiner must be permitted to have reasonable access to the defendant for the purpose of the examination.

Free access — add to your briefcase to read the full text and ask questions with AI

46-14-205 . Access to defendant for examination. If either the defendant or the prosecution wishes the defendant to be examined by a qualified psychiatrist, licensed clinical psychologist, or advanced practice registered nurse selected by the one proposing the examination in order to determine the defendant's fitness to proceed or whether the defendant had, at the time the offense was committed, a particular state of mind that is an essential element of the offense, the examiner must be permitted to have reasonable access to the defendant for the purpose of the examination.

Montana § 46-14-205 (Access To Defendant For Examination) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

En. 95-507 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 90, Ch. 120, L. 1974; amd. Sec. 4, Ch. 184, L. 1977; R.C.M. 1947, 95-507(2); amd. Sec. 5, Ch. 713, L. 1979; amd. Sec. 2, Ch. 127, L. 1987; amd. Sec. 154, Ch. 800, L. 1991; Sec. 46-14-212 , MCA 1989; redes. 46-14-205 by Code Commissioner, 1991; amd. Sec. 4, Ch. 303, L. 2001.