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

Montana Statutes

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

Montana § 46-14-205

Title 46CRIMINAL PROCEDURE

Ch. 14MENTAL COMPETENCY OF ACCUSED

Part 2Procedure When Mental Disease or Disorder an Issue

This text of Montana § 46-14-205 (Access To Defendant For Examination) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 46-14-205 (2026).

Text

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.

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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.

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.