Montana § 46-14-206 Report Of Examination

Montana Statutes

§ 46-14-206 — Report Of Examination

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

46-14-206 . Report of examination.

(1)A report of the examination ordered under 46-14-202 must include the following:

(a)a description of the nature of the examination;

(b)a diagnosis of the mental condition of the defendant, including an opinion as to whether the defendant suffers from a mental disorder, as defined in 53-21-102 , and may require commitment or is seriously developmentally disabled, as defined in 53-20-102 ; and

(c)if the defendant suffers from a mental disease or disorder or developmental disability, an opinion as to the defendant's capacity to understand the proceedings against the defendant and to assist in the defendant's own defense.

(2)A court may direct that a report of examination include:

(a)an opinion as to the capacity of the defendant to have a particular

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46-14-206 . Report of examination. (1) A report of the examination ordered under 46-14-202 must include the following:
(a) a description of the nature of the examination;
(b) a diagnosis of the mental condition of the defendant, including an opinion as to whether the defendant suffers from a mental disorder, as defined in 53-21-102 , and may require commitment or is seriously developmentally disabled, as defined in 53-20-102 ; and
(c) if the defendant suffers from a mental disease or disorder or developmental disability, an opinion as to the defendant's capacity to understand the proceedings against the defendant and to assist in the defendant's own defense.
(2) A court may direct that a report of examination include:
(a) an opinion as to the capacity of the defendant to have a particular state of mind that is an element of the offense charged; and
(b) an opinion as to the capacity of the defendant, because of a mental disease or disorder or developmental disability, to appreciate the criminality of the defendant's behavior or to conform the defendant's behavior to the requirement of law, when:
(i) the parties, having received an opinion that a defendant lacks fitness to proceed, stipulate to the defendant's lack of fitness;
(ii) necessary for psychiatric or psychological testimony at trial;
(iii) a defendant raises a defense of mental disease or disorder or developmental disability under the circumstances described in 46-14-311 (1); or
(iv) necessary for consideration of mental disease or disorder or developmental disability at sentencing.
(3) If the examination cannot be conducted by reason of the unwillingness of the defendant to participate in the examination, the report must state that fact and must include, if possible, an opinion as to whether the unwillingness of the defendant was the result of the mental disease or disorder or developmental disability.

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Legislative History

En. 95-505 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 88, Ch. 120, L. 1974; R.C.M. 1947, 95-505(3) thru (5); amd. Sec. 4, Ch. 713, L. 1979; amd. Sec. 155, Ch. 800, L. 1991; Sec. 46-14-203, MCA 1989; redes. 46-14-206 by Code Commissioner, 1991; amd. Sec. 1, Ch. 397, L. 1993; amd. Sec. 12, Ch. 490, L. 1997; amd. Sec. 3, Ch. 452, L. 2003; amd. Sec. 15, Ch. 161, L. 2015; amd. Sec. 6, Ch. 607, L. 2025.