46.1909 Presentence commitment for study.

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(a) In felony cases where the circumstances surrounding the commission of the crime or other circumstances brought to the attention of the court indicate a strong likelihood that the defendant is suffering from a mental disease or disorder, and the court desires more detailed information about the defendant’s mental condition before making an authorized disposition under 46.1901 through 46.1905, it may order the commitment of the defendant for mental examination.

(b) The court may commit the defendant to the Department of Health and order the defendant examined by a person or persons as the court or that department may designate. The cost of guarding and transporting any confined defendant to and from any place of examination shall be borne by the territory. Any commitment shall be for a period not exceeding 120 days.

(c) Within 40 days after the examination the person or persons making the examination or examinations shall transmit to the court a report of it including answers to any specific questions submitted by the court. The Clerk of the Court shall immediately supply copies of the report to the prosecuting attorney and to the defendant or his attorney.

(d) Any period of commitment to a facility of the Department of Health for the purpose of this section shall be credited against any term of imprisonment imposed upon the defendant.

History: 1979, PL 16-43 § 2.