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.
Structure Montana Code Annotated
Chapter 14. Mental Competency of Accused
Part 2. Procedure When Mental Disease or Disorder an Issue
46-14-201. Renumbered 46-14-214
46-14-202. Examination of defendant
46-14-203. Renumbered 46-14-206
46-14-204. Prosecution's right to examination
46-14-205. Access to defendant for examination
46-14-206. Report of examination
46-14-207. through 46-14-210 reserved
46-14-212. Renumbered 46-14-205
46-14-213. Psychiatric or psychological testimony upon trial
46-14-215. and 46-14-216 reserved
46-14-217. Admissibility of statements made during examination or treatment
46-14-218. through 46-14-220 reserved
46-14-221. Determination of fitness to proceed -- effect of finding of unfitness -- expenses