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Montana · Through Montana Code Annotated 2025

46-14-205: Access to defendant for examination.

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Where this section sits in the code
  1. TITLE 46. CRIMINAL PROCEDURE
  2. CHAPTER 14. MENTAL COMPETENCY OF ACCUSED
  3. Part 2. Procedure When Mental Disease or Disorder an Issue

If either the defendant or the prosecution wishes the defendant to be examined by a qualified psychiatrist, licensed clinical psychologist, or advanced practice registered nurse selected by the one proposing the examination in order to determine the defendant's fitness to proceed or whether the defendant had, at the time the offense was committed, a particular state of mind that is an essential element of the offense, the examiner must be permitted to have reasonable access to the defendant for the purpose of the examination.

Collected 2026-09-14T04:55:46Z. Source file · JSON

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