Montana Code Annotated 2023

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 14. MENTAL COMPETENCY OF ACCUSED

Part 2. Procedure When Mental Disease or Disorder an Issue

Prosecution's Right To Examination

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.

History: En. Sec. 153, Ch. 800, L. 1991; amd. Sec. 3, Ch. 303, L. 2001; amd. Sec. 14, Ch. 161, L. 2015.