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. § 46-14-206 (2026)

Report Of Examination

✓ laws through the 2025 session (checked Sept. 2026)
Find cases: SyfertCases citing this section MT-LEGleg.mt.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 14
  4. Part 2
  5. 46-14-206 Report of examination

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 14. MENTAL COMPETENCY OF ACCUSED

Part 2. Procedure When Mental Disease or Disorder an Issue

Report Of Examination

46-14-206. Report of examination. (1) A report of the examination ordered under 46-14-202 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; and

(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.

(2) A court may direct 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; and

(b) 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 law, when:

(i) the parties, having received an opinion that a defendant lacks fitness to proceed, stipulate to the defendant's lack of fitness;

(ii) necessary for psychiatric or psychological testimony at trial;

(iii) a defendant raises a defense of mental disease or disorder or developmental disability under the circumstances described in 46-14-311(1); or

(iv) necessary for consideration of mental disease or disorder or developmental disability at sentencing.

(3) 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; amd. Sec. 6, Ch. 607, L. 2025.

Notes of Decisions
Cited in 10 cases (3 in the last 5 years), 1994–2023 · leading case: State v. Bartlett, 935 P.2d 1114 (Mont. 1997).
Sort: Relevance Newest Treatment
State v. Bartlett, 935 P.2d 1114 (Mont. 1997). · cites it 20× “” Section 46-14-221, MCA, provides that a report filed under § 46-14-206, MCA, may be relied on by the court to make a determination of a defendant’s fitness to proceed where neither the prosecutor or defense counsel contests the findings.”
Curtis v. Dist. Court of the Twenty-First Jud. Dist., 879 P.2d 1164 (Mont. 1994). · cites it 8× “A report of the examination must address the criteria set forth in § 46-14-206, MCA. Section 46-14-221, MCA, provides for further proceedings in the event a report is filed pursuant to § 46-14-206, MCA.”
State v. Scarborough, 2000 MT 301, 14 P.3d 1202. · cites it 4× “Sections 46-14-206(l)(a) through (c), MCA.”
State v. Delos Santos, 902 P.2d 510 (Mont. 1995). · cites it 4× “As a final argument under this issue, Santos points out that Dr.”
State v. Mark White, 2014 MT 335, 339 P.3d 1243. · cites it 8× “¶39 Section 46-14-221(1), MCA, allows the trial court to make a fitness determination without a hearing when the report filed under § 46-14-206, MCA, is not contested. The relevant provision states: If neither the prosecutor nor the defendant’s counsel contests the finding of…”
State v. D. Gibson, 2023 MT 109, 531 P.3d 71. · cites it 2× “See § 46-14-206(2), MCA. Likewise, the Majority’s cavalier assertion that the seriously mentally ill and delusional Gibson could have at any time asserted a procedural objection through counsel, and/or availed himself of a “speedy trial claim.”
City of Great Falls v. E. Lamere, 2020 MT 145N, 464 P.3d 100. · cites it 3× “Section 46-14-206(2), MCA. It is possible that Lamere’s trial counsel wanted to obtain an evaluation for Lamere, but deliberately did not want the evaluation to be required by a court order.”
State v. Mark White, 2014 MT 335. · cites it 4× “¶39 Section 46-14-221(1), MCA, allows the trial court to make a fitness determination without a hearing when the report filed under § 46-14-206, MCA, is not contested. The relevant provision states: If neither the prosecutor nor the defendant’s counsel contests the finding of…”
Khmelev v. Fouts, No. OP 21-0450 (Mont. Sept. 15, 2021). · cites it 2× “The Justice Court ordered the Montana State Hospital (MSH) to evaluate Khrnelev's fitness to proceed under § 46-14-206, MCA. MSH did not admit or evaluate Khmelev, and the Flathead Justice Court dismissed the charges on June 25, 2021, because of the delay.”
S. Hanway v. K. Fouts, No. OP 21-0503 (Mont. Nov. 2, 2021). · cites it 2× “2 See §§ 46-14-206(1)(d), (e), -213, -214(1), and -301, MCA.”
Mont. Code Ann. § 46-14-206(1): 1 case
State v. Bartlett, 935 P.2d 1114 (Mont. 1997). “” Section 46-14-221, MCA, provides that a report filed under § 46-14-206, MCA, may be relied on by the court to make a determination of a defendant’s fitness to proceed where neither the prosecutor or defense counsel contests the findings.”
Mont. Code Ann. § 46-14-206(1)(b): 1 case
State v. Delos Santos, 902 P.2d 510 (Mont. 1995). “As a final argument under this issue, Santos points out that Dr.”
Mont. Code Ann. § 46-14-206(1)(d): 1 case
S. Hanway v. K. Fouts, No. OP 21-0503 (Mont. Nov. 2, 2021). “2 See §§ 46-14-206(1)(d), (e), -213, -214(1), and -301, MCA.”
Mont. Code Ann. § 46-14-206(2): 3 cases
State v. Bartlett, 935 P.2d 1114 (Mont. 1997). “” Section 46-14-221, MCA, provides that a report filed under § 46-14-206, MCA, may be relied on by the court to make a determination of a defendant’s fitness to proceed where neither the prosecutor or defense counsel contests the findings.”
State v. D. Gibson, 2023 MT 109, 531 P.3d 71. “See § 46-14-206(2), MCA. Likewise, the Majority’s cavalier assertion that the seriously mentally ill and delusional Gibson could have at any time asserted a procedural objection through counsel, and/or availed himself of a “speedy trial claim.”
City of Great Falls v. E. Lamere, 2020 MT 145N, 464 P.3d 100. “Section 46-14-206(2), MCA. It is possible that Lamere’s trial counsel wanted to obtain an evaluation for Lamere, but deliberately did not want the evaluation to be required by a court order.”
Mont. Code Ann. § 46-14-206(l)(a): 1 case
State v. Scarborough, 2000 MT 301, 14 P.3d 1202. “Sections 46-14-206(l)(a) through (c), MCA.”
Mont. Code Ann. § 46-14-206(l)(d): 1 case
State v. Scarborough, 2000 MT 301, 14 P.3d 1202. “Sections 46-14-206(l)(a) through (c), MCA.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.