Montana Code 46-14-101. Mental disease or disorder — purpose — definition
46-14-101. Mental disease or disorder — purpose — definition. (1) The purpose of this section is to provide a legal standard of mental disease or disorder under which the information gained from examination of the defendant, pursuant to part 2 of this chapter, regarding a defendant’s mental condition is applied. The court shall apply this standard:
Terms Used In Montana Code 46-14-101
- Court: means a place where justice is judicially administered and includes the judge of the court. See Montana Code 46-1-202
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Judgment: means an adjudication by a court that the defendant is guilty or not guilty, and if the adjudication is that the defendant is guilty, it includes the sentence pronounced by the court. See Montana Code 46-1-202
- mental disease or disorder: means an organic, mental, or emotional disorder that is manifested by a substantial disturbance in behavior, feeling, thinking, or judgment to such an extent that the person requires care, treatment, and rehabilitation. See Montana Code 46-14-101
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Offense: means a violation of any penal statute of this state or any ordinance of its political subdivisions. See Montana Code 46-1-202
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Verdict: The decision of a petit jury or a judge.
(a)in any determination regarding:
(i)a defendant’s fitness to proceed and stand trial;
(ii)whether the defendant had, at the time that the offense was committed, a particular state of mind that is an essential element of the offense; and
(b)at sentencing when a defendant has been convicted on a verdict of guilty or a plea of guilty or nolo contendere and claims that at the time of commission of the offense for which the defendant was convicted, the defendant was unable to appreciate the criminality of the defendant’s behavior or to conform the defendant’s behavior to the requirements of the law.
(2)(a) As used in this chapter, “mental disease or disorder” means an organic, mental, or emotional disorder that is manifested by a substantial disturbance in behavior, feeling, thinking, or judgment to such an extent that the person requires care, treatment, and rehabilitation.
(b)The term “mental disease or disorder” does not include but may co-occur with one or more of the following:
(i)an abnormality manifested only by repeated criminal or other antisocial behavior;
(ii)a developmental disability, as defined in 53-20-102;
(iii)drug or alcohol intoxication; or
(iv)drug or alcohol addiction.