Mont. Code Ann. » TITLE 46. CRIMINAL PROCEDURE · CHAPTER 14. MENTAL COMPETENCY OF ACCUSED · Part 3. Disposition of Defendant
Montana Code Annotated

Mont. Code Ann. § 46-14-301 (2026)

Commitment Upon Finding Of Not Guilty By Reason Of Lack Of Mental State -- Hearing To Determine Release Or Discharge -- Limitation On Confinement

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  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 14
  4. Part 3
  5. 46-14-301 Commitment upon finding of not guilty by reason of lack of mental state -- hearing to determine release or discharge -- limitation on confinement

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 14. MENTAL COMPETENCY OF ACCUSED

Part 3. Disposition of Defendant

Commitment Upon Finding Of Not Guilty By Reason Of Lack Of Mental State -- Hearing To Determine Release Or Discharge -- Limitation On Confinement

46-14-301. Commitment upon finding of not guilty by reason of lack of mental state -- hearing to determine release or discharge -- limitation on confinement. (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 accordance with 46-18-112 and 46-18-113, 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. In either case, the testimony and evidence presented at the trial must be considered by the court in making its determination.

(2) The court shall evaluate the nature of the offense with which the defendant was charged. If the offense:

(a) involved a substantial risk of serious bodily injury or death, actual bodily injury, or substantial property damage, the court may find that the defendant suffers from a mental disease or disorder that renders the defendant a danger to the defendant or others. If the court finds that the defendant presents a danger to the defendant or others, the defendant may 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. However, if the court finds that the defendant is seriously developmentally disabled, as defined in 53-20-102, the prosecutor shall petition the court in the manner provided in Title 53, chapter 20.

(b) charged did not involve a substantial risk of serious bodily injury or death, actual bodily injury, or substantial property damage, the court shall release the defendant. The prosecutor may petition the court in the manner provided in Title 53, chapter 20 or 21.

(3) A person committed to the custody of the director of the department of public health and human services must have a hearing within 180 days of confinement to determine the person's present mental condition and whether the person must be discharged or released or whether the commitment may be extended because the person continues to suffer from a mental disease or disorder that renders the person a danger to the person or others. The hearing must be conducted by the court that ordered the commitment unless that court transfers jurisdiction to the district court in the district in which the person has been placed. The court shall cause notice of the hearing to be served upon the person, the person's counsel, the prosecutor, and the court that originally ordered the commitment. The hearing is a civil proceeding, and the burden is upon the state to prove by clear and convincing evidence that the person may not be safely released because the person continues to suffer from a mental disease or disorder that causes the person to present a substantial risk of:

(a) serious bodily injury or death to the person or others;

(b) an imminent threat of physical injury to the person or others; or

(c) substantial property damage.

(4) According to the determination of the court upon the hearing, 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 determined under 46-14-214(2). At the time that the period of the maximum sentence expires, involuntary civil commitment proceedings may be instituted in the manner provided in Title 53, chapter 21.

(5) A professional person shall review the status of the person each year. At the time of the annual review, the director of the department of public health and human services or the person or the representative of the person may petition for discharge or release of the person. Upon request for a hearing, a hearing must be held pursuant to the provisions of subsection (3).

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(1); amd. Sec. 9, Ch. 713, L. 1979; amd. Sec. 2, Ch. 593, L. 1981; amd. Sec. 4, Ch. 361, L. 1983; amd. Sec. 161, Ch. 800, L. 1991; amd. Sec. 2, Ch. 397, L. 1993; amd. Sec. 206, Ch. 546, L. 1995; amd. Sec. 2, Ch. 164, L. 2003; amd. Sec. 18, Ch. 161, L. 2015.

Notes of Decisions
Cited in 21 cases (2 in the last 5 years), 1979–2024 · leading case: Foucha v. Louisiana, 504 U.S. 71 (1992).
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Foucha v. Louisiana, 504 U.S. 71 (1992). · cites it 4× “, except that the person did not possess the requisite *90 criminal intent"); Mont. Code Ann. § 46-14-301 (1) (1991) (allowing commitment of persons "found not guilty for the reason that due to a mental disease or defect the defendant could not have a particular state of mind…”
State v. Doney, 636 P.2d 1377 (Mont. 1981). · cites it 15× “Section 46-14-301, MCA. This section, which is mandatory in wording, does not indicate what the court must do when a defendant charged with several crimes is acquitted of one or more crimes due to mental disease or defect, but is convicted of one or more crimes punishable by…”
State v. Byers, 861 P.2d 860 (Mont. 1993). · cites it 6× “Section 46-14-301, MCA. I do not mean to infer from this dissent that this defendant could have satisfied the burden of proof with regard to Montana's former insanity defense.”
State v. Olson, 593 P.2d 724 (Mont. 1979). · cites it 13× “1947, now sections 46-14-301 through -304 MCA, which establishes the procedure for commitment to and release from the State Hospital at Warm Springs following acquittal on the ground of mental disease or defect.”
State v. Cowan, 861 P.2d 884 (Mont. 1993). · cites it 6× “Section 46-14-301, MCA. However, at a time of serious prison overcrowding, the unavailability of public funds with which to build new prisons, and obvious administrative problems controlling current prison populations, the last thing in the world that makes sense is to use…”
State v. Wooster, 1999 MT 22, 974 P.2d 640. · cites it 7× “Section 46-14-301, MCA, provides in pertinent part: Commitment upon finding of not guilty by reason of lack of mental state —hearing to determine release or discharge.”
State v. Cooney, 1998 MT 208, 963 P.2d 1272. · cites it 9× “¶9 The District Court’s authority to order Cooney into the custody of the Director of the DPHHS is found in § 46-14-301, MCA, which reads in pertinent part: (3) A person committed to the custody of the director of the department of public health and human services must have a…”
State v. Buckman, 630 P.2d 743 (Mont. 1981). · cites it 6× “Defendant's final issue attacks the District Court's refusal of a proposed jury instruction which read: "When a defendant is acquitted on the ground that due to a mental disease or defect he could not have a particular state of mind that is an essential element of the offense…”
State v. Woods, 945 P.2d 918 (Mont. 1997). · cites it 6× “Such a person may be discharged when the person no longer suffers from a mental disease or defect that causes the person to present a substantial risk of serious bodily injury or death to the person or others, a substantial risk of an imminent threat of physical injury to the…”
State v. Violette, 2009 MT 19, 201 P.3d 804. · cites it 3× “The stipulation provided that “[s]ince the parties have in this agreement stipulated that the outcome of a trial would likely be a finding of [n]ot [gjuilty by reason of mental disease or defect, the State and the Defendant agree that this case can proceed as if a verdict of not…”
State v. C. Kepler, 2024 MT 173, 554 P.3d 138. · cites it 19× “¶18 When a defendant is determined by the fact finder to be not guilty but mentally ill, no conviction is entered by the court and the court must determine the appropriate 8 disposition based on the factors contained in § 46-14-301, MCA. The court evaluates the nature of the…”
United States v. Benito Castro, 71 F.4th 735 (9th Cir. 2023). “” Mont. Code Ann. § 46-14-301 (3)(a). The civil commitment statute employs the criminal definition of “serious bodily injury,” see State v.”
Show all 21 citing cases →
Mont. Code Ann. § 46-14-301(1): 1 case
State v. Doney, 636 P.2d 1377 (Mont. 1981). “Section 46-14-301, MCA. This section, which is mandatory in wording, does not indicate what the court must do when a defendant charged with several crimes is acquitted of one or more crimes due to mental disease or defect, but is convicted of one or more crimes punishable by…”
Mont. Code Ann. § 46-14-301(2): 4 cases
State v. Olson, 593 P.2d 724 (Mont. 1979). “1947, now sections 46-14-301 through -304 MCA, which establishes the procedure for commitment to and release from the State Hospital at Warm Springs following acquittal on the ground of mental disease or defect.”
In re K.M.H., 752 P.2d 162 (Mont. 1988).
State v. Leischner, 650 P.2d 797 (Mont. 1982).
Matter of KMH, 752 P.2d 162 (Mont. 1988).
Mont. Code Ann. § 46-14-301(2)(a): 1 case
State v. C. Kepler, 2024 MT 173, 554 P.3d 138. “¶18 When a defendant is determined by the fact finder to be not guilty but mentally ill, no conviction is entered by the court and the court must determine the appropriate 8 disposition based on the factors contained in § 46-14-301, MCA. The court evaluates the nature of the…”
Mont. Code Ann. § 46-14-301(3): 4 cases
State v. Cooney, 1998 MT 208, 963 P.2d 1272. “¶9 The District Court’s authority to order Cooney into the custody of the Director of the DPHHS is found in § 46-14-301, MCA, which reads in pertinent part: (3) A person committed to the custody of the director of the department of public health and human services must have a…”
In re G.M., 2009 MT 59, 349 Mont. 320.
In Re GM, 2009 MT 59, 203 P.3d 818.
State v. C. Kepler, 2024 MT 173, 554 P.3d 138. “¶18 When a defendant is determined by the fact finder to be not guilty but mentally ill, no conviction is entered by the court and the court must determine the appropriate 8 disposition based on the factors contained in § 46-14-301, MCA. The court evaluates the nature of the…”
Mont. Code Ann. § 46-14-301(3)(a): 1 case
State v. Cooney, 1998 MT 208, 963 P.2d 1272. “¶9 The District Court’s authority to order Cooney into the custody of the Director of the DPHHS is found in § 46-14-301, MCA, which reads in pertinent part: (3) A person committed to the custody of the director of the department of public health and human services must have a…”
Mont. Code Ann. § 46-14-301(5): 1 case
State v. Woods, 945 P.2d 918 (Mont. 1997). “Such a person may be discharged when the person no longer suffers from a mental disease or defect that causes the person to present a substantial risk of serious bodily injury or death to the person or others, a substantial risk of an imminent threat of physical injury to the…”
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