MontanaMontana


 

 


Competency/ Insanity

Competency 

A person who, as a result of mental disease or disorder or developmental disability, is unable to understand the proceedings against the person or to assist in the person's own defense may not be tried, convicted, or sentenced for the commission of an offense so long as the incapacity endures.  MCA § 46-14-103

Insanity

Evidence that the defendant suffered from a mental disease or disorder or developmental disability is admissible to prove that the defendant did or did not have a state of mind that is an element of the offense. MCA § 46-14-102

When a defendant is found not guilty for the reason that due to a mental disease or disorder the defendant could not have a particular state of mind that is an essential element of the offense charged, the court must order a predisposition investigation which must include an investigation of the present mental condition of the defendant. If the trial was by jury, the court shall hold a hearing to determine the appropriate disposition of the defendant. If the trial was by the court, the court may hold a hearing to obtain any additional testimony it considers necessary to determine the appropriate disposition of the defendant. According to the determination of the court, the person must be discharged or released on conditions the court determines to be necessary or must be committed to the custody of the director of the department of public health and human services to be placed in an appropriate mental health facility for custody, care, and treatment. The period of commitment may not exceed the maximum sentence.  MCA § 552.020

Special Rules

Hearsay: an out of court statement by a witness with a developmental disability is admissible if testifying regarding a sexual assault or act of violence (as a victim or witness); the court must make factual findings regarding the witness’ disability and the reliability of their statement. MCA § 46-16-221

Sentencing

The sentencing court must order a presentence investigation and a report on the investigation if there is a claim of intellectual or developmental disability. The investigation must include a mental. The evaluation must include an opinion as to whether the defendant suffered from a mental disease or disorder or developmental disability that impacted his culpability. If the opinion concludes that the defendant did suffer from a mental disease or disorder or developmental disability, the evaluation must also include a recommendation as to the care, custody, and treatment needs of the defendant. MCA § 46-14-311

Death Penalty 

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Post-Conviction