Montana Code 46-14-206. Report of examination
46-14-206. Report of examination. (1) A report of the examination must include the following:
Terms Used In Montana Code 46-14-206
- Court: means a place where justice is judicially administered and includes the judge of the court. 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
- Offense: means a violation of any penal statute of this state or any ordinance of its political subdivisions. See Montana Code 46-1-202
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(a)a description of the nature of the examination;
(b)a diagnosis of the mental condition of the defendant, including an opinion as to whether the defendant suffers from a mental disorder, as defined in 53-21-102, and may require commitment or is seriously developmentally disabled, as defined in 53-20-102;
(c)if the defendant suffers from a mental disease or disorder or developmental disability, an opinion as to the defendant’s capacity to understand the proceedings against the defendant and to assist in the defendant’s own defense;
(d)when directed by the court, an opinion as to the capacity of the defendant to have a particular state of mind that is an element of the offense charged; and
(e)when directed by the court, an opinion as to the capacity of the defendant, because of a mental disease or disorder or developmental disability, to appreciate the criminality of the defendant’s behavior or to conform the defendant’s behavior to the requirement of the law.
(2)If the examination cannot be conducted by reason of the unwillingness of the defendant to participate in the examination, the report must state that fact and must include, if possible, an opinion as to whether the unwillingness of the defendant was the result of the mental disease or disorder or developmental disability.