2005 Montana Code Annotated - 46-14-206 — Report of examination.


     46-14-206. Report of examination. (1) A report of the examination must include the following:
     (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 defect 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 defect 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 defect or developmental disability.

     History: En. 95-505 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 88, Ch. 120, L. 1974; R.C.M. 1947, 95-505(3) thru (5); amd. Sec. 4, Ch. 713, L. 1979; amd. Sec. 155, Ch. 800, L. 1991; Sec. , MCA 1989; redes. by Code Commissioner, 1991; amd. Sec. 1, Ch. 397, L. 1993; amd. Sec. 12, Ch. 490, L. 1997; amd. Sec. 3, Ch. 452, L. 2003.

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