Montana § 46-14-214 Form Of Verdict And Judgment -- Determination Of Maximum Period Of Confinement -- Victim Findings

Montana Statutes

§ 46-14-214 — Form Of Verdict And Judgment -- Determination Of Maximum Period Of Confinement -- Victim Findings

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

46-14-214 . Form of verdict and judgment -- determination of maximum period of confinement -- victim findings.

(1)When the defendant is found not guilty of the charged offense or offenses or any lesser included offense for the reason that due to a mental disease or disorder the defendant did not have a particular state of mind that is an essential element of the offense charged, the verdict and the judgment must state that reason.

(2)The court shall determine on the record the charged offense or offenses or any lesser included offense for which the person otherwise may have been convicted and the maximum sentence that the defendant may have received. If there is more than one offense charged, the maximum sentence is limited to the longest single sentence from all charged offenses.

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46-14-214 . Form of verdict and judgment -- determination of maximum period of confinement -- victim findings. (1) When the defendant is found not guilty of the charged offense or offenses or any lesser included offense for the reason that due to a mental disease or disorder the defendant did not have a particular state of mind that is an essential element of the offense charged, the verdict and the judgment must state that reason.
(2) The court shall determine on the record the charged offense or offenses or any lesser included offense for which the person otherwise may have been convicted and the maximum sentence that the defendant may have received. If there is more than one offense charged, the maximum sentence is limited to the longest single sentence from all charged offenses.
(3) The court shall make specific findings regarding whether there is a victim of the crime for which the defendant is found not guilty and, if so, whether the victim wishes to be notified of any conditional release, discharge, or escape of the defendant.

Montana § 46-14-214 (Form Of Verdict And Judgment -- Determination Of Maximum Period Of Confinement -- Victim Findings) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

En. 95-503 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-503; amd. Sec. 2, Ch. 713, L. 1979; amd. Sec. 1, Ch. 593, L. 1981; amd. Sec. 157, Ch. 800, L. 1991; Sec. 46-14-201 , MCA 1989; redes. 46-14-214 by Code Commissioner, 1991; amd. Sec. 1, Ch. 164, L. 2003; amd. Sec. 16, Ch. 161, L. 2015.