Montana § 46-19-202 - Proceedings Following Determination Regarding Fitness

§ 46-19-202. Proceedings Following Determination Regarding Fitness

Proceedings following determination regarding fitness. (1) If it is found that defendant is mentally fit as provided in 46-19-201 , the warden of the Montana state prison shall execute the judgment. (2) If it is found that the defendant lacks fitness, the execution of judgment must be suspended and the court shall commit the defendant to the custody of the superintendent of the Montana state hospital to be placed in an appropriate facility of the department of public health and human services for as long as the lack of fitness endures. (3) When the court, on its own motion or upon application of the superintendent of the Montana state hospital, the county prosecuting officer, or the defendant or the defendant's legal representative, determines after a hearing, if a hearing is requested, that the defendant has regained fitness to proceed, the warden must be directed by the court to carry out the execution. If, however, the court is of the view that so much time has elapsed since the commitment of the defendant that it would be unjust to proceed with execution of the sentence, the court may suspend the execution of the sentence and may order the defendant to be discharged.