by admin | May 13, 2021 | Criminal Procedure, Montana
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...
by admin | May 13, 2021 | Criminal Procedure, Montana
(1) If the director of the department of public health and human services believes that a person committed to the director’s custody under 46-14-301 may be discharged or released on condition without danger to the person or others because the person no longer...
by admin | May 13, 2021 | Criminal Procedure, Montana
(1) 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 shall order a predisposition investigation in...
by admin | May 13, 2021 | Criminal Procedure, Montana
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,...
by admin | May 13, 2021 | Criminal Procedure, Montana
(1) The issue of the defendant’s fitness to proceed may be raised by the court, by the defendant or the defendant’s counsel, or by the prosecutor. When the issue is raised, it must be determined by the court. If neither the prosecutor nor the...
by admin | May 13, 2021 | Criminal Procedure, Montana
ยง 46-14-218 through 46-14-220, MCA
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