Mont. Code Ann. » TITLE 46. CRIMINAL PROCEDURE · CHAPTER 14. MENTAL COMPETENCY OF ACCUSED · Part 2. Procedure When Mental Disease or Disorder an Issue
Montana Code Annotated

Mont. Code Ann. § 46-14-202 (2026)

Examination Of Defendant -- Commitment Procedures For Examination Of Fitness -- Expenses

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 14
  4. Part 2
  5. 46-14-202 Examination of defendant -- commitment procedures for examination of fitness -- expenses

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 14. MENTAL COMPETENCY OF ACCUSED

Part 2. Procedure When Mental Disease or Disorder an Issue

Examination Of Defendant -- Commitment Procedures For Examination Of Fitness -- Expenses

46-14-202. Examination of defendant -- commitment procedures for examination of fitness -- expenses. (1) If the issue of a defendant's fitness to proceed is raised by the court, the prosecution, or the defendant, or if the defense counsel files a written motion requesting an examination of the defendant, the court shall appoint at least one qualified psychiatrist, licensed clinical psychologist, or advanced practice registered nurse to examine and report upon the defendant's mental condition.

(2) (a) Except as provided in subsection (6), a court may order the defendant to be committed to a hospital, another suitable facility, or the Montana state hospital for the purpose of the examination for a period not exceeding 60 days or a longer period that the court determines to be necessary for the purpose and may direct that a qualified psychiatrist, licensed clinical psychologist, or advanced practice registered nurse retained by the defendant be permitted to witness and participate in the examination.

(b) On commitment to the Montana state hospital, the superintendent of the hospital shall designate at least one qualified psychiatrist, licensed clinical psychologist, or advanced practice registered nurse, who may be or may include the superintendent, to report on the defendant's mental condition.

(3) Except as provided in 46-14-206(2), a court ordering an examination of a defendant under this section may not require that a report of examination include:

(a) an opinion as to the capacity of the defendant to have a particular state of mind that is an element of the offense charged; or

(b) an opinion as to the capacity of the defendant, because of a mental disease or disorder or development disability, to appreciate the criminality of the defendant's behavior or to conform the defendant's behavior to the requirement of the law.

(4) In the examination, any method may be employed that is accepted by the medical or psychological profession for the examination of those alleged to be suffering from mental disease or disorder.

(5) (a) The costs incurred for an examination ordered under subsection (2) must be paid as follows:

(i) if the issue of the defendant's fitness to proceed was raised by the court or the examination was requested by the prosecution, the cost of the examination and other associated expenses must be paid by the court or, in district court proceedings, by the office of court administrator, except as provided in subsection (5)(a)(iv);

(ii) if the examination was requested by the defendant or the defendant's counsel, the cost of the examination and other associated expenses must be paid by the defendant or, if the defendant was represented by an attorney pursuant to the Montana Public Defender Act, Title 47, chapter 1, by the office of state public defender, except as provided by subsection (5)(a)(iv);

(iii) if the examination was jointly requested by the prosecution and defense counsel or the need for the examination was jointly agreed to by the prosecution and defense, the cost of the examination and other associated expenses must be divided and paid equally by the court or, in district court proceedings, by the office of court administrator, and the defendant or, if the defendant was represented by an attorney assigned pursuant to the Montana Public Defender Act, Title 47, chapter 1, by the office of state public defender, except as provided in subsection (5)(a)(iv);

(iv) any costs for an examination performed by an employee of the department of public health and human services, any other associated expenses at a facility of the department of public health and human services, and any other associated expenses for which the legislature has made a general fund appropriation to the department of public health and human services may not be charged to the office of court administrator or the office of state public defender.

(b) For the purposes of this subsection (5), "other associated expenses" means the following costs incurred in association with the commitment to a hospital or other suitable facility for the purpose of examination, regardless of whether the examination is done at the Montana state hospital or any other facility:

(i) the expenses of transporting the defendant from the place of detention to the place where the examination is performed and returning the defendant to detention, including personnel costs of the law enforcement agency by whom the defendant is detained;

(ii) housing expenses of the facility where the examination is performed; and

(iii) medical costs, including medical and dental care, including costs of medication.

(6) A court may not order the superintendent of the Montana state hospital to designate a qualified psychiatrist, licensed clinical psychologist, or advanced practice registered nurse to examine or report on the defendant's mental condition unless there is no person located within the county of venue of the committing court who is willing, able, or available to perform an examination.

History: En. 95-505 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 88, Ch. 120, L. 1974; R.C.M. 1947, 95-505(1), (2); amd. Sec. 3, Ch. 713, L. 1979; amd. Sec. 1, Ch. 616, L. 1981; amd. Sec. 2, Ch. 361, L. 1983; amd. Sec. 13, Ch. 680, L. 1985; amd. Sec. 1, Ch. 127, L. 1987; amd. Sec. 152, Ch. 800, L. 1991; amd. Sec. 2, Ch. 303, L. 2001; amd. Sec. 43, Ch. 585, L. 2001; amd. Sec. 46, Ch. 449, L. 2005; amd. Sec. 2, Ch. 140, L. 2007; amd. Sec. 13, Ch. 161, L. 2015; amd. Sec. 5, Ch. 607, L. 2025.

Notes of Decisions
Cited in 51 cases (8 in the last 5 years), 1980–2026 · leading case: State v. Campbell, 924 P.2d 1304 (Mont. 1996).
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State v. Campbell, 924 P.2d 1304 (Mont. 1996). · cites it 28× “The record reflects that Campbell’s counsel moved for an examination of Campbell’s mental condition pursuant to § 46-14-202, MCA, and requested that Yellowstone Psychological Services be appointed to perform the examination by virtue of its expertise regarding alleged sex…”
Curtis v. Dist. Court of the Twenty-First Jud. Dist., 879 P.2d 1164 (Mont. 1994). · cites it 18× “Following the examination and upon motion of the State of Montana (State), the District Court determined that a doubt existed about Curtis' fitness to proceed, and ordered that he be examined at the Montana State Hospital at Warm Springs (State Hospital) pursuant to § 46-14-202,…”
State v. Korell, 690 P.2d 992 (Mont. 1984). · cites it 10× “Section 46-14-202, MCA. Under section 46-14-202(3), in the examination of the defendant any method may be employed which is accepted by the medical profession for the examination of those alleged to be suffering from mental disease or defect.”
Hans v. State, 942 P.2d 674 (Mont. 1997). · cites it 10× “Hans cites Ake’s holding that the State is required to assure the defendant access to a psychiatrist who will assist in the defense in support of his contention that defense counsel had alternatives to dissemination of the report.”
State v. Tison, 2003 MT 342 (Mont. 2003). · cites it 15× “¶5 Tison claims that § 46-14-221, MCA, which allows commitments for up to ninety days, divests a district court of its jurisdiction after the expiration of that time if the court has not found a defendant fit to stand trial.”
State v. Buckman, 630 P.2d 743 (Mont. 1981). · cites it 30× “Did the trial court fail to follow the statutory requirements of section 46-14-202, MCA? 3. Did the trial court err in refusing to instruct the jury of the disposition of a defendant who is acquitted by reason of mental disease or defect? Section 46-11-502(1), MCA, provides that…”
State v. Clark, 1998 MT 221 (Mont. 1998). · cites it 8× “Did the District Court err in denying Clark's request for a psychological evaluation pursuant to § 46-14-202, MCA? ¶ 5 3. Did the District Court err in denying Clark's motion for a mistrial made on the grounds that the court erred in permitting a witness for the State to testify…”
State v. Scarborough, 2000 MT 301 (Mont. 2000). · cites it 8× “Van Hassel and Hill? ¶58 Prior to trial, Scarborough asked the court to order an evaluation of his mental condition pursuant to § 46-14-202, MCA. The purpose of the exam was to determine whether, because of mental disease or defect, Scarborough was competent to assist with his…”
McKenzie v. Osborne, 640 P.2d 368 (Mont. 1982). · cites it 8× “(d) In connection with issue no. 4 in the above heading, it was not error for the District Court to require the defendant to submit to a psychiatric interview in this case.”
State v. Couture, 2010 MT 201 (Mont. 2010). · cites it 4× “See § 46-14-202, MCA. The court agreed to order an evaluation through the Montana State Hospital, but noted that it did not want the case "to slip off the calendar.”
State v. Bostwick, 1999 MT 237 (Mont. 1999). · cites it 8× “In August of 1997, Bostwick moved for a mental health examination to determine whether he was fit to proceed to trial pursuant to § 46-14-202, MCA (1995). The District Court granted the motion.”
State v. Turner, 2000 MT 270 (Mont. 2000). · cites it 6× “¶14 On December 16, 1987, Cook filed a motion for a psychiatric evaluation of Turner pursuant to § 46-14-202, MCA (1987), to determine whether, as a result of mental disease or defect, Turner was fit to stand trial.”
Show all 51 citing cases →
— Mont. Code Ann. § 46-14-202(1) — 11 cases
City of Great Falls v. Dir. of the Dep't of Pub. Health & Human Servs., 2002 MT 108 (Mont. 2002).
State v. Campbell, 924 P.2d 1304 (Mont. 1996). “The record reflects that Campbell’s counsel moved for an examination of Campbell’s mental condition pursuant to § 46-14-202, MCA, and requested that Yellowstone Psychological Services be appointed to perform the examination by virtue of its expertise regarding alleged sex…”
State v. Tison, 2003 MT 342 (Mont. 2003). “¶5 Tison claims that § 46-14-221, MCA, which allows commitments for up to ninety days, divests a district court of its jurisdiction after the expiration of that time if the court has not found a defendant fit to stand trial.”
State v. LaGree, 2007 MT 65 (Mont. 2007).
State v. Cox, 879 P.2d 662 (Mont. 1994).
— Mont. Code Ann. § 46-14-202(2) — 8 cases
Curtis v. Dist. Court of the Twenty-First Jud. Dist., 879 P.2d 1164 (Mont. 1994). “Following the examination and upon motion of the State of Montana (State), the District Court determined that a doubt existed about Curtis' fitness to proceed, and ordered that he be examined at the Montana State Hospital at Warm Springs (State Hospital) pursuant to § 46-14-202,…”
State v. R. Allery, 2023 MT 25 (Mont. 2023).
State v. Tison, 2003 MT 342 (Mont. 2003). “¶5 Tison claims that § 46-14-221, MCA, which allows commitments for up to ninety days, divests a district court of its jurisdiction after the expiration of that time if the court has not found a defendant fit to stand trial.”
State v. Buckman, 630 P.2d 743 (Mont. 1981). “Did the trial court fail to follow the statutory requirements of section 46-14-202, MCA? 3. Did the trial court err in refusing to instruct the jury of the disposition of a defendant who is acquitted by reason of mental disease or defect? Section 46-11-502(1), MCA, provides that…”
State v. Mullarkey, 2010 MT 194N (Mont. 2010).
— Mont. Code Ann. § 46-14-202(3) — 4 cases
State v. Korell, 690 P.2d 992 (Mont. 1984). “Section 46-14-202, MCA. Under section 46-14-202(3), in the examination of the defendant any method may be employed which is accepted by the medical profession for the examination of those alleged to be suffering from mental disease or defect.”
State v. Scarborough, 2000 MT 301 (Mont. 2000). “Van Hassel and Hill? ¶58 Prior to trial, Scarborough asked the court to order an evaluation of his mental condition pursuant to § 46-14-202, MCA. The purpose of the exam was to determine whether, because of mental disease or defect, Scarborough was competent to assist with his…”
State v. Gray, 853 P.2d 93 (Mont. 1993).
State v. Myers Starks, 2026 MT 93 (Mont. 2026).
— Mont. Code Ann. § 46-14-202(4) — 1 case
State v. Campbell, 924 P.2d 1304 (Mont. 1996). “The record reflects that Campbell’s counsel moved for an examination of Campbell’s mental condition pursuant to § 46-14-202, MCA, and requested that Yellowstone Psychological Services be appointed to perform the examination by virtue of its expertise regarding alleged sex…”
— Mont. Code Ann. § 46-14-202(4)(a) — 1 case
State v. K. Vinecke, 2020 MT 219N (Mont. 2020).
— Mont. Code Ann. § 46-14-202(4)(a)(i) — 1 case
State v. K. Vinecke, 2020 MT 219N (Mont. 2020).
— Mont. Code Ann. § 46-14-202(4)(ii) — 1 case
State v. D. Warner, Jr., 2020 MT 93N (Mont. 2020).
— Mont. Code Ann. § 46-14-202(5) — 1 case
State v. Myers Starks, 2026 MT 93 (Mont. 2026).
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