reglab/housing_qa huggingface dataset:
MT Code § 46-14-206 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 14. Mental Competency of Accused|Part 2. Procedure When Mental Disease or Disorder an Issue|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 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.   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. 46-14-203, MCA 1989; redes. 46-14-206 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; amd. Sec. 15, Ch. 161, L. 2015.
MT Code § 46-14-207 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 14. Mental Competency of Accused|Part 2. Procedure When Mental Disease or Disorder an Issue|46-14-207. through 46-14-210 reserved

  46-14-207 through 46-14-210 reserved.
MT Code § 46-14-211 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 14. Mental Competency of Accused|Part 2. Procedure When Mental Disease or Disorder an Issue|46-14-211. Repealed

  46-14-211. Repealed. Sec. 15, Ch. 713, L. 1979.   History: En. 95-507 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 90, Ch. 120, L. 1974; amd. Sec. 4, Ch. 184, L. 1977; R.C.M. 1947, 95-507(1).
MT Code § 46-14-212 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 14. Mental Competency of Accused|Part 2. Procedure When Mental Disease or Disorder an Issue|46-14-212. Renumbered 46-14-205

  46-14-212. Renumbered 46-14-205. Code Commissioner, 1991.
MT Code § 46-14-213 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 14. Mental Competency of Accused|Part 2. Procedure When Mental Disease or Disorder an Issue|46-14-213. Psychiatric or psychological testimony upon trial

  46-14-213. Psychiatric or psychological testimony upon trial. (1) Upon trial, any psychiatrist, licensed clinical psychologist, or advanced practice registered nurse who reported under 46-14-202 or 46-14-206 may be called as a witness by the prosecutor or by the defense. Both the prosecution and the defense may summon any other qualified psychiatrist, licensed clinical psychologist, or advanced practice registered nurse to testify, but only a person who has examined the defendant is competent to testify to an expert opinion with respect to the mental condition of the defendant, as distinguished from the validity of the procedure followed by or the general scientific propositions stated by another witness.   (2) When a psychiatrist, licensed clinical psychologist, or advanced practice registered nurse who has examined the defendant testifies concerning the defendant's mental condition, the psychiatrist, licensed clinical psychologist, or advanced practice registered nurse may make a statement as to the nature of the examination and the medical or psychological diagnosis of the mental condition of the defendant. The expert may make any explanation reasonably serving to clarify the expert's examination and diagnosis, and the expert may be cross-examined as to any matter bearing on the expert's competency or credibility or the validity of the expert's examination or medical or psychological diagnosis. A psychiatrist, licensed clinical psychologist, or advanced practice registered nurse may not offer an opinion to the jury on the ultimate issue of whether the defendant did or did not have a particular state of mind that is an element of the offense charged.   History: En. 95-507 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 90, Ch. 120, L. 1974; amd. Sec. 4, Ch. 184, L. 1977; R.C.M. 1947, 95-507(3), (4); amd. Sec. 6, Ch. 713, L. 1979; amd. Sec. 3, Ch. 361, L. 1983; amd. Sec. 3, Ch. 127, L. 1987; amd. Sec. 156, Ch. 800, L. 1991; amd. Sec. 5, Ch. 303, L. 2001.
MT Code § 46-14-214 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 14. Mental Competency of Accused|Part 2. Procedure When Mental Disease or Disorder an Issue|46-14-214. Form of verdict and judgment -- determination of maximum period of confinement -- victim findings

  46-14-214. Form of verdict and judgment -- determination of maximum period of confinement -- victim findings. (1) When the defendant is found not guilty of the charged offense or offenses or any lesser included offense for the reason that due to a mental disease or disorder the defendant did not have a particular state of mind that is an essential element of the offense charged, the verdict and the judgment must state that reason.   (2) The court shall determine on the record the charged offense or offenses or any lesser included offense for which the person otherwise may have been convicted and the maximum sentence that the defendant may have received. If there is more than one offense charged, the maximum sentence is limited to the longest single sentence from all charged offenses.   (3) The court shall make specific findings regarding whether there is a victim of the crime for which the defendant is found not guilty and, if so, whether the victim wishes to be notified of any conditional release, discharge, or escape of the defendant.   History: En. 95-503 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-503; amd. Sec. 2, Ch. 713, L. 1979; amd. Sec. 1, Ch. 593, L. 1981; amd. Sec. 157, Ch. 800, L. 1991; Sec. 46-14-201, MCA 1989; redes. 46-14-214 by Code Commissioner, 1991; amd. Sec. 1, Ch. 164, L. 2003; amd. Sec. 16, Ch. 161, L. 2015.
MT Code § 46-14-215 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 14. Mental Competency of Accused|Part 2. Procedure When Mental Disease or Disorder an Issue|46-14-215. and 46-14-216 reserved

  46-14-215 and 46-14-216 reserved.
MT Code § 46-14-217 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 14. Mental Competency of Accused|Part 2. Procedure When Mental Disease or Disorder an Issue|46-14-217. Admissibility of statements made during examination or treatment

  46-14-217. Admissibility of statements made during examination or treatment. A statement made for the purposes of psychiatric or psychological examination or treatment provided for in this section by a person subjected to examination or treatment is not admissible in evidence against the person at trial on any issue other than that of the person's mental condition. It is admissible on the issue of the person's mental condition, whether or not it would otherwise be considered a privileged communication, only when and after the defendant presents evidence that due to a mental disease or disorder the defendant did not have a particular state of mind that is an element of the offense charged.   History: En. 95-509 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 5, Ch. 184, L. 1977; R.C.M. 1947, 95-509; amd. Sec. 13, Ch. 713, L. 1979; amd. Sec. 158, Ch. 800, L. 1991; Sec. 46-14-401, MCA 1989; redes. 46-14-217 by Code Commissioner, 1991; amd. Sec. 17, Ch. 161, L. 2015.
MT Code § 46-14-218 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 14. Mental Competency of Accused|Part 2. Procedure When Mental Disease or Disorder an Issue|46-14-218. through 46-14-220 reserved

  46-14-218 through 46-14-220 reserved.
MT Code § 46-14-222 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 14. Mental Competency of Accused|Part 2. Procedure When Mental Disease or Disorder an Issue|46-14-222. Proceedings if fitness regained

  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.
MT Code § 46-14-303 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 14. Mental Competency of Accused|Part 3. Disposition of Defendant|46-14-303. Application for discharge or release by committed person

  46-14-303. Application for discharge or release by committed person. A committed person may make application for discharge or release to the district court by which the person was committed unless that court transfers jurisdiction to the court in the district in which the person has been placed, and the procedure to be followed upon the application is the same as that prescribed in 46-14-302 in the case of an application by the director of the department of public health and human services. However, an application by a committed person need not be considered until the person has been confined for a period of not less than 6 months from the date of the order of commitment, and if the determination of the court is adverse to the application, the person may not be permitted to file a further application until 1 year has elapsed from the date of any preceding hearing on an application for the person's release or discharge.   History: En. 95-508 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 1, Ch. 210, L. 1973; amd. Sec. 91, Ch. 120, L. 1974; R.C.M. 1947, 95-508(5); amd. Sec. 6, Ch. 361, L. 1983; amd. Sec. 163, Ch. 800, L. 1991; amd. Sec. 4, Ch. 397, L. 1993; amd. Sec. 208, Ch. 546, L. 1995.
MT Code § 46-14-304 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 14. Mental Competency of Accused|Part 3. Disposition of Defendant|46-14-304. Revocation of conditional release

  46-14-304. Revocation of conditional release. (1) The court may order revocation of a person's conditional release if the court determines after hearing evidence that:   (a) the conditions of release have not been fulfilled; and   (b) based on the violations of the conditions and the person's past mental health history, there is a substantial likelihood that the person continues to suffer from a mental disease or disorder that causes the person to present a substantial risk of:   (i) serious bodily injury or death to the person or others;   (ii) an imminent threat of physical injury to the person or others; or   (iii) substantial property damage.   (2) The court may retain jurisdiction to revoke a conditional release for no longer than 5 years.   (3) If the court finds that the conditional release should be revoked, the court shall immediately order the person to be recommitted to the custody of the director of the department of public health and human services, subject to discharge or release only in accordance with the procedures provided in 46-14-302 and 46-14-303.   History: En. 95-508 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 1, Ch. 210, L. 1973; amd. Sec. 91, Ch. 120, L. 1974; R.C.M. 1947, 95-508(4); amd. Sec. 16, Ch. 116, L. 1979; amd. Sec. 7, Ch. 361, L. 1983; amd. Sec. 164, Ch. 800, L. 1991; amd. Sec. 5, Ch. 397, L. 1993; amd. Sec. 209, Ch. 546, L. 1995; amd. Sec. 20, Ch. 161, L. 2015.
MT Code § 46-14-305 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 14. Mental Competency of Accused|Part 3. Disposition of Defendant|46-14-305. through 46-14-310 reserved

  46-14-305 through 46-14-310 reserved.
MT Code § 46-14-311 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 14. Mental Competency of Accused|Part 3. Disposition of Defendant|46-14-311. Consideration of mental disease or disorder or developmental disability in sentencing

  46-14-311. Consideration of mental disease or disorder or developmental disability in sentencing. (1) Whenever a defendant is convicted on a verdict of guilty or a plea of guilty or nolo contendere and claims at the time of the omnibus hearing held pursuant to 46-13-110 or, if no omnibus hearing is held, at the time of any change of plea by the defendant that at the time of the commission of the offense of which convicted the defendant was suffering from a mental disease or disorder or developmental disability that rendered the defendant unable to appreciate the criminality of the defendant's behavior or to conform the defendant's behavior to the requirements of law, the sentencing court shall consider any relevant evidence presented at the trial and may also consider the results of the presentence investigation requested pursuant to subsection (2).   (2) Under the circumstances referred to in subsection (1), the sentencing court may order a presentence investigation and a report on the investigation pursuant to 46-18-111. If requested, the investigation must include a mental evaluation by a person appointed by the director of the department of public health and human services or the director's designee. The evaluation must include an opinion as to whether the defendant suffered from a mental disease or disorder or developmental disability with the effect as described in subsection (1). If the opinion concludes that the defendant did suffer from a mental disease or disorder or developmental disability with the effect as described in subsection (1), the evaluation must also include a recommendation as to the care, custody, and treatment needs of the defendant.   History: En. Sec. 10, Ch. 713, L. 1979; amd. Sec. 165, Ch. 800, L. 1991; amd. Sec. 14, Ch. 395, L. 1999; amd. Sec. 5, Ch. 452, L. 2003; amd. Sec. 1, Ch. 268, L. 2009; amd. Sec. 21, Ch. 161, L. 2015; amd. Sec. 11, Ch. 456, L. 2019.
MT Code § 46-14-313 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 14. Mental Competency of Accused|Part 3. Disposition of Defendant|46-14-313. Discharge of defendant from supervision

  46-14-313. Discharge of defendant from supervision. At the expiration of the period of commitment or period of treatment specified by the court under 46-14-312, the defendant must be discharged from custody and further supervision, subject only to the law regarding the civil commitment of persons suffering from serious mental illness.   History: En. Sec. 12, Ch. 713, L. 1979; amd. Sec. 167, Ch. 800, L. 1991.
MT Code § 46-14-401 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 14. Mental Competency of Accused|Part 4. Privileged Communications (Renumbered)|46-14-401. Renumbered 46-14-217

  46-14-401. Renumbered 46-14-217. Code Commissioner, 1991.
MT Code § 46-15-101 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 15. Production of Evidence|Part 1. Subpoenas and Witnesses|46-15-101. Subpoenas

  46-15-101. Subpoenas. (1) After the filing of charges and upon the request of the prosecuting attorney, the defendant, or the defendant's attorney, the clerk of the court shall issue subpoenas with the name of the person to whom each subpoena is directed, commanding the person to appear and to give testimony. The court shall maintain a list of the names of the persons to whom subpoenas are issued.   (2) A subpoena must state the name of the court and the title, if any, of the proceeding and must command each person to whom it is directed to attend and give testimony at the time and place specified in the subpoena. The time and place may be modified by mutual written agreement of the parties or by an amended subpoena issued by the clerk of the court.   (3) The court, upon a timely motion, may quash or modify a subpoena if compliance would be unreasonable or oppressive.   (4) A subpoena remains in effect unless quashed or until judgment, dismissal, or other final determination of the action by the court in which the action was filed or to which the action was transferred.   History: En. 95-1801 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1801(a); amd. Sec. 180, Ch. 800, L. 1991; amd. Sec. 29, Ch. 262, L. 1993; amd. Sec. 2, Ch. 138, L. 1995.
MT Code § 46-15-102 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 15. Production of Evidence|Part 1. Subpoenas and Witnesses|46-15-102. Renumbered 46-15-107

  46-15-102. Renumbered 46-15-107. Code Commissioner, 1991.
MT Code § 46-15-103 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 15. Production of Evidence|Part 1. Subpoenas and Witnesses|46-15-103. Renumbered 46-15-115

  46-15-103. Renumbered 46-15-115. Code Commissioner, 1991.
MT Code § 46-15-104 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 15. Production of Evidence|Part 1. Subpoenas and Witnesses|46-15-104. Renumbered 46-15-116

  46-15-104. Renumbered 46-15-116. Code Commissioner, 1991.
MT Code § 46-15-105 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 15. Production of Evidence|Part 1. Subpoenas and Witnesses|46-15-105. Persons imprisoned in state prison or in another county

  46-15-105. Persons imprisoned in state prison or in another county. When it is necessary to have a person imprisoned in the state prison brought before any court or a person imprisoned in a county jail brought before a court sitting in another county, an order for that purpose may be made by the court and executed by the sheriff of the county where it is made.   History: En. Sec. 2900, Pen. C. 1895; re-en. Sec. 9714, Rev. C. 1907; re-en. Sec. 12432, R.C.M. 1921; Cal. Pen. C. Sec. 1567; re-en. Sec. 12432, R.C.M. 1935; Sec. 94-701-1, R.C.M. 1947; redes. 95-1812 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 95-1812.
MT Code § 46-15-106 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 15. Production of Evidence|Part 1. Subpoenas and Witnesses|46-15-106. Subpoenas for production of evidence

  46-15-106. Subpoenas for production of evidence. (1) A subpoena may command the person to whom it is directed to produce the books, papers, documents, or other objects designated in the subpoena.   (2) The court may direct that the books, papers, documents, or other objects designated in the subpoena be produced before the court at a time prior to the trial or prior to the time when they are to be offered into evidence and may upon their production permit the books, papers, documents, or objects, or portions thereof, to be inspected by the parties and their attorneys.   (3) The court, upon a timely motion, may quash or modify a subpoena if compliance would be unreasonable or oppressive.   History: En. Sec. 181, Ch. 800, L. 1991.
MT Code § 46-15-107 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 15. Production of Evidence|Part 1. Subpoenas and Witnesses|46-15-107. Service of subpoenas

  46-15-107. Service of subpoenas. (1) A subpoena may be served by a peace officer or by any other person who is not a party and who is not less than 18 years of age. A peace officer shall serve any subpoena delivered to the peace officer for service in the peace officer's county either on the part of the prosecution or of the defendant.   (2) Service of a subpoena must be made by delivering a copy of the subpoena to the person named and, if ordered by the court, by tendering to those residing outside the county of trial the fee for 1 day's attendance and the mileage allowed by law. The person making the service shall without delay make a written return of the service subscribed by the person, stating the time and place of service.   (3) A subpoena requiring attendance of a witness at a hearing or trial may be served anywhere within the state of Montana.   History: En. 95-1801 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1801(e), (f); amd. Sec. 182, Ch. 800, L. 1991; Sec. 46-15-102, MCA 1989; redes. 46-15-107 by Code Commissioner, 1991.
MT Code § 46-15-108 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 15. Production of Evidence|Part 1. Subpoenas and Witnesses|46-15-108. through 46-15-110 reserved

  46-15-108 through 46-15-110 reserved.
MT Code § 46-15-111 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 15. Production of Evidence|Part 1. Subpoenas and Witnesses|46-15-111. Repealed

  46-15-111. Repealed. Sec. 263, Ch. 800, L. 1991.   History: En. 95-1808 by Sec. 8, Ch. 513, L. 1973; R.C.M. 1947, 95-1808.