46-14-222. Proceedings if fitness regained. When the court, on its own motion or upon the application of the director of the department of public health and human services, the prosecution, or the defendant or the defendant's legal representative, determines, after a hearing if a hearing is requested, that the defendant has regained fitness to proceed, the proceeding must be resumed. If, however, the court is of the view that so much time has elapsed since the commitment of the defendant that it would be unjust to resume the criminal proceedings, the court may dismiss the charge and may order the defendant to be discharged or, subject to the law governing the civil commitment of persons suffering from serious mental illness, order the defendant committed to an appropriate facility of the department of public health and human services.
History: En. 95-506 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 3, Ch. 513, L. 1973; amd. Sec. 89, Ch. 120, L. 1974; amd. Sec. 6, Ch. 568, L. 1977; R.C.M. 1947, 95-506(part); amd. Sec. 8, Ch. 713, L. 1979; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 160, Ch. 800, L. 1991; amd. Sec. 205, Ch. 546, L. 1995; amd. Sec. 59, Ch. 130, L. 2005.
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