Montana Code 46-14-204. Prosecution’s right to examination
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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.
Terms Used In Montana Code 46-14-204
- Advanced practice registered nurse: means an individual certified as an advanced practice registered nurse provided for in 37-8-202, with a clinical specialty in psychiatric mental health nursing. See Montana Code 46-1-202
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- mental disease or disorder: means an organic, mental, or emotional disorder that is manifested by a substantial disturbance in behavior, feeling, thinking, or judgment to such an extent that the person requires care, treatment, and rehabilitation. See Montana Code 46-14-101
(2)The report of the examination must be disclosed to the defense within 10 days of its receipt by the prosecution.