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

Mont. Code Ann. § 46-14-312 (2026)

Sentence To Be Imposed

✓ current as of May 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 3
  5. 46-14-312 Sentence to be imposed

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 14. MENTAL COMPETENCY OF ACCUSED

Part 3. Disposition of Defendant

Sentence To Be Imposed

46-14-312. Sentence to be imposed. (1) If the court finds that the defendant at the time of the commission of the offense of which the defendant was convicted did not suffer from a mental disease or disorder as described in 46-14-311, the court shall sentence the defendant as provided in Title 46, chapter 18.

(2) If the court finds that the defendant at the time of the commission of the offense suffered from a mental disease or disorder or developmental disability as described in 46-14-311, any mandatory minimum sentence prescribed by law for the offense need not apply. The court shall sentence the defendant to be committed to the custody of the director of the department of public health and human services to be placed, after consideration of the recommendations of the professionals providing treatment to the defendant and recommendations of the professionals who have evaluated the defendant, in an appropriate correctional facility, mental health facility, as defined in 53-21-102, residential facility, as defined in 53-20-102, or developmental disabilities facility, as defined in 53-20-202, for custody, care, and treatment for a definite period of time not to exceed the maximum term of imprisonment that could be imposed under subsection (1). The director may, after considering the recommendations of the professionals providing treatment to the defendant and recommendations of the professionals who have evaluated the defendant, subsequently transfer the defendant to another correctional, mental health, residential, or developmental disabilities facility that will better serve the defendant's custody, care, and treatment needs. The authority of the court with regard to sentencing is the same as authorized in Title 46, chapter 18, if the treatment of the individual and the protection of the public are provided for.

(3) Either the director or a defendant whose sentence has been imposed under subsection (2) may petition the sentencing court for review of the sentence if the professional person certifies that:

(a) the defendant no longer suffers from a mental disease or disorder;

(b) the defendant's mental disease or disorder no longer renders the defendant unable to appreciate the criminality of the defendant's conduct or to conform the defendant's conduct to the requirements of law;

(c) the defendant suffers from a mental disease or disorder or developmental disability but is not a danger to the defendant or others; or

(d) the defendant suffers from a mental disease or disorder that makes the defendant a danger to the defendant or others, but:

(i) there is no treatment available for the mental disease or disorder;

(ii) the defendant refuses to cooperate with treatment; or

(iii) the defendant will no longer benefit from active inpatient treatment for the mental disease or disorder.

(4) The sentencing court may make any order not inconsistent with its original sentencing authority, except that the length of confinement or supervision must be equal to that of the original sentence. The professional person shall review the defendant's status each year.

History: En. Sec. 11, Ch. 713, L. 1979; amd. Sec. 1, Ch. 267, L. 1987; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 166, Ch. 800, L. 1991; amd. Sec. 28, Ch. 262, L. 1993; amd. Sec. 6, Ch. 397, L. 1993; amd. Sec. 1, Ch. 256, L. 1995; amd. Sec. 210, Ch. 546, L. 1995; amd. Sec. 6, Ch. 452, L. 2003; amd. Sec. 22, Ch. 161, L. 2015.

Notes of Decisions
Cited in 38 cases (7 in the last 5 years), 1981–2026 · leading case: State v. Ringewold, 2001 MT 185 (Mont. 2001).
Sort: Relevance Newest Treatment
State v. Ringewold, 2001 MT 185 (Mont. 2001). · cites it 64× “¶ 34 Section 46-14-312, MCA, is a unique sentencing statute which governs the sentencing of a defendant who suffers from a mental disease or defect affecting his ability to appreciate the criminality of his behavior.”
State v. Korell, 690 P.2d 992 (Mont. 1984). · cites it 27× “Section 46-14-312(1), MCA. Whenever the sentencing court finds the defendant was suffering from mental disease or defect which rendered him unable to appreciate the criminality of his conduct or to conform his conduct to the requirements *997 of law, mandatory minimum sentences…”
State v. Watson, 686 P.2d 879 (Mont. 1984). · cites it 27× “Section 46-14-312, MCA specifies the sentencing alternatives: " Sentence to be imposed.”
State v. Scarborough, 2000 MT 301 (Mont. 2000). · cites it 7× “Scarborough claims that this sentence is improper because the District Court failed to first consider whether a mental disease or defect rendered him unable to conform his behavior to the requirements of the law as required by § 46-14-311, MCA, and thereby failed to apply the…”
State v. Byers, 861 P.2d 860 (Mont. 1993). · cites it 8× “Byers' argument that the third step of the presentation of evidence pursuant to § 46-14-312, MCA, concerning mental disease or defect does away with his right to jury trial is clearly incorrect where he has already received such a trial.”
State v. Doney, 636 P.2d 1377 (Mont. 1981). · cites it 8× “3) After defendant has been found not to suffer from a mental disease or defect, the existence of which would have resulted in his commitment, under § 46-14-312, MCA, the court may still consider whether defendant’s mental capacity at the time of the commission of the offense…”
State v. Burke, 2005 MT 250 (Mont. 2005). · cites it 7× “¶14 Section 46-14-312, MCA, specifies the proper course of action subsequent to a sentencing court’s application of § 46-14-311, MCA, providing in pertinent part: (1) If the court finds that the defendant at the time of the commission of the offense of which the defendant was…”
State v. Boulton, 2006 MT 170 (Mont. 2006). · cites it 5× “] Section 46-14-312, MCA (2001), reads in pertinent part: Sentence to be imposed.”
State v. Collier, 919 P.2d 376 (Mont. 1996). · cites it 4× “Finding that Collier did not suffer from a mental disease or defect, the District Court sentenced her in accordance with § 46-14-312(1), MCA and Title 46, Chapter 18.”
State v. Mercer, 625 P.2d 44 (Mont. 1981). · cites it 6× “Section 46-14-312, MCA. If the sentencing judge finds that the defendant was suffering from a mental disorder at the time of the crime, he must sentence the defendant to be committed to Warm Springs.”
Watson v. State, 2002 MT 329 (Mont. 2002). · cites it 4× “Watson argues that if this issue had been developed at the sentencing hearing, he would have been sentenced to the Department of Public Health and Human Services, pursuant to § 46-14-312, MCA, rather than the Department of Corrections.”
State v. Raty, 692 P.2d 17 (Mont. 1984). · cites it 6× “Section 46-14-312(2), MCA. If the defendant is cured from the mental disease or defect which rendered him incapable of appreciating the criminality of his act or conforming his conduct to the requirements of the law he is then transferred from the State Hospital to prison to…”
Show all 38 citing cases →
— Mont. Code Ann. § 46-14-312(1) — 8 cases
State v. Korell, 690 P.2d 992 (Mont. 1984). “Section 46-14-312(1), MCA. Whenever the sentencing court finds the defendant was suffering from mental disease or defect which rendered him unable to appreciate the criminality of his conduct or to conform his conduct to the requirements *997 of law, mandatory minimum sentences…”
State v. Watson, 686 P.2d 879 (Mont. 1984). “Section 46-14-312, MCA specifies the sentencing alternatives: " Sentence to be imposed.”
State v. Collier, 919 P.2d 376 (Mont. 1996). “Finding that Collier did not suffer from a mental disease or defect, the District Court sentenced her in accordance with § 46-14-312(1), MCA and Title 46, Chapter 18.”
State v. Doney, 636 P.2d 1377 (Mont. 1981). “3) After defendant has been found not to suffer from a mental disease or defect, the existence of which would have resulted in his commitment, under § 46-14-312, MCA, the court may still consider whether defendant’s mental capacity at the time of the commission of the offense…”
State v. L. Barrus, 2025 MT 183 (Mont. 2025).
— Mont. Code Ann. § 46-14-312(2) — 16 cases
State v. Korell, 690 P.2d 992 (Mont. 1984). “Section 46-14-312(1), MCA. Whenever the sentencing court finds the defendant was suffering from mental disease or defect which rendered him unable to appreciate the criminality of his conduct or to conform his conduct to the requirements *997 of law, mandatory minimum sentences…”
State v. Watson, 686 P.2d 879 (Mont. 1984). “Section 46-14-312, MCA specifies the sentencing alternatives: " Sentence to be imposed.”
State v. Scarborough, 2000 MT 301 (Mont. 2000). “Scarborough claims that this sentence is improper because the District Court failed to first consider whether a mental disease or defect rendered him unable to conform his behavior to the requirements of the law as required by § 46-14-311, MCA, and thereby failed to apply the…”
State v. Ringewold, 2001 MT 185 (Mont. 2001). “¶ 34 Section 46-14-312, MCA, is a unique sentencing statute which governs the sentencing of a defendant who suffers from a mental disease or defect affecting his ability to appreciate the criminality of his behavior.”
State v. Doney, 636 P.2d 1377 (Mont. 1981). “3) After defendant has been found not to suffer from a mental disease or defect, the existence of which would have resulted in his commitment, under § 46-14-312, MCA, the court may still consider whether defendant’s mental capacity at the time of the commission of the offense…”
— Mont. Code Ann. § 46-14-312(3) — 4 cases
State v. Ringewold, 2001 MT 185 (Mont. 2001). “¶ 34 Section 46-14-312, MCA, is a unique sentencing statute which governs the sentencing of a defendant who suffers from a mental disease or defect affecting his ability to appreciate the criminality of his behavior.”
State v. Korell, 690 P.2d 992 (Mont. 1984). “Section 46-14-312(1), MCA. Whenever the sentencing court finds the defendant was suffering from mental disease or defect which rendered him unable to appreciate the criminality of his conduct or to conform his conduct to the requirements *997 of law, mandatory minimum sentences…”
State v. Korell, 720 P.2d 688 (Mont. 1986).
State v. Lamb, 2001 MT 241 (Mont. 2001).
— Mont. Code Ann. § 46-14-312(3)(c) — 1 case
State v. C. Kepler, 2024 MT 173 (Mont. 2024).
— Mont. Code Ann. § 46-14-312(4) — 3 cases
State v. Ringewold, 2001 MT 185 (Mont. 2001). “¶ 34 Section 46-14-312, MCA, is a unique sentencing statute which governs the sentencing of a defendant who suffers from a mental disease or defect affecting his ability to appreciate the criminality of his behavior.”
State v. C. Kepler, 2024 MT 173 (Mont. 2024).
State v. Lamb, 2001 MT 241 (Mont. 2001).
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.