reglab/housing_qa huggingface dataset:
MI Comp L § 330.2002a (2021)
2021 Michigan Compiled Laws|Chapter 330 - Mental Health Code|Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106)|258-1974-10 - Chapter 10 Criminal Provisions (330.2000...330.2074)|258-1974-10-TRANSFER-OF-PRISONERS - Transfer of Prisoners (330.2000...330.2006a)|Section 330.2002a - Mental Health Services for Person Confined in Place of Detention; Rules for Voluntary Admission Into State Mental Health Facility; Involuntary Admission.

330.2002a Mental health services for person confined in place of detention; rules for voluntary admission into state mental health facility; involuntary admission. Sec. 1002a.  (1) For a person confined in a place of detention operated by a political subdivision of the state and who requests mental health services, mental health services shall be provided by the appropriate community mental health program pursuant to the responsibilities described in section 206.  (2) The department of mental health shall promulgate rules pursuant to Act No. 306 of the Public Acts of 1969, as amended, being sections 24.201 to 24.315 of the Michigan Compiled Laws, establishing a procedure for the voluntary admission into a state mental health facility of a person confined in a place of detention operated by a political subdivision of the state.  (3) The involuntary admission into a state mental health facility of a person confined in a place of detention operated by a political subdivision of the state shall be governed by sections 423 to 444. History: Add. 1978, Act 636, Imd. Eff. Jan. 10, 1979 Admin Rule: R 330.1001 et seq. of the Michigan Administrative Code.
MI Comp L § 330.2003 (2021)
2021 Michigan Compiled Laws|Chapter 330 - Mental Health Code|Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106)|258-1974-10 - Chapter 10 Criminal Provisions (330.2000...330.2074)|258-1974-10-TRANSFER-OF-PRISONERS - Transfer of Prisoners (330.2000...330.2006a)|Section 330.2003 - Corrections Mental Health Program; Establishment and Operation; Appointment and Qualifications of Program Director.

330.2003 Corrections mental health program; establishment and operation; appointment and qualifications of program director.Sec. 1003.  The department of corrections shall establish and operate the corrections mental health program to provide mental health services for prisoners who are developmentally disabled or mentally ill and need those services. The director of the department shall review the program's structure, content, quality standards, and implementation. The department of corrections may contract with the department or third-party providers to operate the corrections mental health program. The director of the department of corrections shall appoint the director of the corrections mental health program. The director of the corrections mental health program shall be an individual with an advanced degree in a mental health field and a minimum of 5 years' experience in a mental health field. History: Add. 1978, Act 636, Imd. Eff. Jan. 10, 1979 ;-- Am. 1993, Act 252, Imd. Eff. Nov. 29, 1993 ;-- Am. 2007, Act 112, Imd. Eff. Oct. 1, 2007 ;-- Am. 2014, Act 72, Imd. Eff. Mar. 28, 2014
MI Comp L § 330.2004 (2021)
2021 Michigan Compiled Laws|Chapter 330 - Mental Health Code|Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106)|258-1974-10 - Chapter 10 Criminal Provisions (330.2000...330.2074)|258-1974-10-TRANSFER-OF-PRISONERS - Transfer of Prisoners (330.2000...330.2006a)|Section 330.2004 - Crediting Good Time Credits and Other Statutory Reductions; Notice and Record of Expiration or Reduction of Sentence.

330.2004 Crediting good time credits and other statutory reductions; notice and record of expiration or reduction of sentence.Sec. 1004.  (1) A prisoner shall continue to be credited with those good time credits and other statutory reductions of his or her penal sentence to which he or she is entitled while in the corrections mental health program, subject to the terms and conditions that are applicable in a state correctional facility. The prisoner shall continue to be subject to all disciplinary sanctions that are not attributable to the prisoner's mental illness or developmental disability.   (2) At the time a prisoner is admitted to the corrections mental health program, the department of corrections shall notify the director of the corrections mental health program of the date on which the sentence of the prisoner is to expire and of any reductions of the sentence recorded to date. The corrections mental health program shall enter the sentence expiration date in the record it maintains for the prisoner. History: 1974, Act 258, Eff. Aug. 6, 1975 ;-- Am. 1993, Act 252, Imd. Eff. Nov. 29, 1993 ;-- Am. 2014, Act 72, Imd. Eff. Mar. 28, 2014
MI Comp L § 330.2004b (2021)
2021 Michigan Compiled Laws|Chapter 330 - Mental Health Code|Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106)|258-1974-10 - Chapter 10 Criminal Provisions (330.2000...330.2074)|258-1974-10-TRANSFER-OF-PRISONERS - Transfer of Prisoners (330.2000...330.2006a)|Section 330.2004b - Notice of Rights.

330.2004b Notice of rights. Sec. 1004b.  (1) Not later than 7 days after a prisoner is admitted to the corrections mental health program, the corrections mental health program shall provide the prisoner with a notice of the rights guaranteed under section 1004a. The program shall also provide the prisoner with an opportunity to consult with 1 of the following persons designated by the director of the corrections mental health program:  (a) A recipient rights advisor from the office of recipient rights.  (b) A field investigator from the office of the legislative corrections ombudsman.  (c) A representative of the protection and advocacy agency designated by the governor pursuant to section 931.  (2) The corrections mental health program shall place in the record of each prisoner admitted to the program a document signed by the prisoner stating that the prisoner received the notice required under subsection (1) and was offered an opportunity to consult with a person described in subsection (1)(a) to (c). History: Add. 1993, Act 252, Imd. Eff. Nov. 29, 1993
MI Comp L § 330.2005-330.2005c (2021)
2021 Michigan Compiled Laws|Chapter 330 - Mental Health Code|Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106)|258-1974-10 - Chapter 10 Criminal Provisions (330.2000...330.2074)|258-1974-10-TRANSFER-OF-PRISONERS - Transfer of Prisoners (330.2000...330.2006a)|Section 330.2005-330.2005c - Repealed. 1993, Act 252, Imd. Eff. Nov. 29, 1993.

330.2005-330.2005c Repealed. 1993, Act 252, Imd. Eff. Nov. 29, 1993. Compiler's Notes: The repealed sections pertained to petitions for determination of mental illness or mental retardation; hearings; investigation, evidence and prosecuting petition; findings, testimony, and depositions.
MI Comp L § 330.2005e (2021)
2021 Michigan Compiled Laws|Chapter 330 - Mental Health Code|Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106)|258-1974-10 - Chapter 10 Criminal Provisions (330.2000...330.2074)|258-1974-10-TRANSFER-OF-PRISONERS - Transfer of Prisoners (330.2000...330.2006a)|Section 330.2005e - Repealed. 1993, Act 252, Imd. Eff. Nov. 29, 1993.

330.2005e Repealed. 1993, Act 252, Imd. Eff. Nov. 29, 1993. Compiler's Notes: The repealed section pertained to copies of court order and evidence required for findings.
MI Comp L § 330.2005f (2021)
2021 Michigan Compiled Laws|Chapter 330 - Mental Health Code|Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106)|258-1974-10 - Chapter 10 Criminal Provisions (330.2000...330.2074)|258-1974-10-TRANSFER-OF-PRISONERS - Transfer of Prisoners (330.2000...330.2006a)|Section 330.2005f - Transfer of Prisoner Between State Mental Health Facilities; Administrative Hearing; Emergency Transfer; Commingling With Other Recipients of Mental Health Services; Rights and Privileges.

330.2005f Transfer of prisoner between state mental health facilities; administrative hearing; emergency transfer; commingling with other recipients of mental health services; rights and privileges. Sec. 1005f.  (1) A person may be transferred to the center for forensic psychiatry program under this chapter and may be transferred between state mental health facilities upon authorization by the director of the center for forensic psychiatry program. The person is entitled to an administrative hearing pursuant to rules of the department of mental health regarding the need and appropriateness of a transfer to another state mental health facility upon receipt by the director of the center for forensic psychiatry program of the person's objection to the transfer. If an emergency transfer is required, and if objection is made to the transfer, the hearing will be held at the receiving facility.  (2) A person transferred to another state mental health facility under this section shall not be commingled with other recipients of mental health services except in cases in which it is determined by the director of the center for forensic psychiatry program, after consultation with the department of corrections, and pursuant to rules promulgated by the department of mental health, that the person and the other recipients of mental health services exhibit the same propensity for dangerous behavior and require similar treatment plans and modalities.  (3) A person transferred under this section is entitled to all the rights and privileges afforded to other mental health recipients pursuant to chapter 7, except those rights and privileges specifically excluded or modified by law. History: Add. 1978, Act 636, Imd. Eff. Jan. 10, 1979 ;-- Am. 1993, Act 252, Imd. Eff. Nov. 29, 1993
MI Comp L § 330.2006 (2021)
2021 Michigan Compiled Laws|Chapter 330 - Mental Health Code|Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106)|258-1974-10 - Chapter 10 Criminal Provisions (330.2000...330.2074)|258-1974-10-TRANSFER-OF-PRISONERS - Transfer of Prisoners (330.2000...330.2006a)|Section 330.2006 - Discharge; Conditions; Procedure; Aftercare Reintegration and Community-Based Mental Health Services.

330.2006 Discharge; conditions; procedure; aftercare reintegration and community-based mental health services.Sec. 1006.  (1) A prisoner admitted to the corrections mental health program according to section 1003a or section 1003b shall be discharged from the program when 1 or both of the following occur:  (a) The prisoner ceases to require mental health services.  (b) The prisoner is paroled or discharged from prison.  (2) If a prisoner is to be discharged from the corrections mental health program before the expiration of the prisoner's criminal sentence, the director of the corrections mental health program shall first notify the department of corrections of the pending discharge, and shall transmit a full report on the condition of the prisoner to the department of corrections.  (3) If the prisoner is paroled or discharged from prison, and the corrections mental health program considers the prisoner to be a person requiring treatment, as defined in section 401, or a person who meets the criteria for judicial admission, as prescribed in section 515, the director of the corrections mental health program at least 14 days before the parole date or the date of discharge shall file a petition under section 434 or section 516 asserting that the prisoner is a person requiring treatment or that the prisoner meets the criteria for judicial admission. The petition shall be filed with the probate court of the prisoner's county of residence.  (4) The department of community health is responsible for assuring that needed aftercare reintegration and community-based mental health services are offered to mentally ill and developmentally disabled persons who are leaving prison, upon referral by the department of corrections. Upon request from the department of corrections, community-based mental health services shall be provided by the department of community health throughout the parole period. History: 1974, Act 258, Eff. Aug. 6, 1975 ;-- Am. 1975, Act 154, Imd. Eff. July 9, 1975 ;-- Am. 1978, Act 636, Imd. Eff. Jan. 10, 1979 ;-- Am. 1993, Act 252, Imd. Eff. Nov. 29, 1993 ;-- Am. 2014, Act 72, Imd. Eff. Mar. 28, 2014
MI Comp L § 330.2006a (2021)
2021 Michigan Compiled Laws|Chapter 330 - Mental Health Code|Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106)|258-1974-10 - Chapter 10 Criminal Provisions (330.2000...330.2074)|258-1974-10-TRANSFER-OF-PRISONERS - Transfer of Prisoners (330.2000...330.2006a)|Section 330.2006a - Report to Legislature.

330.2006a Report to legislature. Sec. 1006a.  (1) Not later than April 1, 1995, the department of corrections and the department of mental health shall submit a report to the legislature, based on a joint evaluation, that includes, but is not limited to, all of the following with respect to the 18-month period preceding the report:  (a) A description of the provision of mental health services to prisoners.  (b) The total number of prisoners served.  (c) The number of hearings held pursuant to section 1003c and the disposition of each hearing.  (d) The number of developmentally disabled prisoners in the corrections system and a description of the services those prisoners received.  (e) The characteristics of the prisoners served and a description of the services they received, including, but not limited to, the length of stay in the corrections mental health program and the type of treatment received.  (2) The report required under subsection (1) shall include recommendations for appropriate changes in mental health programs for prisoners. History: Add. 1993, Act 252, Imd. Eff. Nov. 29, 1993
MI Comp L § 330.2020 (2021)
2021 Michigan Compiled Laws|Chapter 330 - Mental Health Code|Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106)|258-1974-10 - Chapter 10 Criminal Provisions (330.2000...330.2074)|258-1974-10-INCOMPETENCE-TO-STAND-TRIAL - Incompetence to Stand Trial (330.2020...330.2044)|Section 330.2020 - Defendant Presumed Competent to Stand Trial; Determination of Incompetency; Effect of Medication; Statement by Physician.

330.2020 Defendant presumed competent to stand trial; determination of incompetency; effect of medication; statement by physician. Sec. 1020.  (1) A defendant to a criminal charge shall be presumed competent to stand trial. He shall be determined incompetent to stand trial only if he is incapable because of his mental condition of understanding the nature and object of the proceedings against him or of assisting in his defense in a rational manner. The court shall determine the capacity of a defendant to assist in his defense by his ability to perform the tasks reasonably necessary for him to perform in the preparation of his defense and during his trial.  (2) A defendant shall not be determined incompetent to stand trial because psychotropic drugs or other medication have been or are being administered under proper medical direction, and even though without such medication the defendant might be incompetent to stand trial. However, when the defendant is receiving such medication, the court may, prior to making its determination on the issue of incompetence to stand trial, require the filing of a statement by the treating physician that such medication will not adversely affect the defendant's understanding of the proceedings or his ability to assist in his defense. History: 1974, Act 258, Eff. Aug. 6, 1975
MI Comp L § 330.2022 (2021)
2021 Michigan Compiled Laws|Chapter 330 - Mental Health Code|Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106)|258-1974-10 - Chapter 10 Criminal Provisions (330.2000...330.2074)|258-1974-10-INCOMPETENCE-TO-STAND-TRIAL - Incompetence to Stand Trial (330.2020...330.2044)|Section 330.2022 - Proceeding Against Incompetent Defendant Prohibited; Pretrial Motions; Preservation and Admissibility of Evidence.

330.2022 Proceeding against incompetent defendant prohibited; pretrial motions; preservation and admissibility of evidence. Sec. 1022.  (1) A defendant who is determined incompetent to stand trial shall not be proceeded against while he is incompetent.  (2) Any pretrial motion may be made by either the defense or prosecution while a defendant is incompetent to stand trial, and the issues presented by the motion shall be heard and decided if the presence of the defendant is not essential for a fair hearing and decision on the motion.  (3) When it appears that evidence essential to the case the defense or prosecution plans to present might not be available at the time of trial, the court shall allow such evidence to be taken and preserved. Evidence so taken shall be admissible at the trial only if it is not otherwise available. Procedures for the taking and preserving of evidence under this subsection, and the conditions under which such evidence shall be admissible at trial, shall be provided by court rule. History: 1974, Act 258, Eff. Aug. 6, 1975
MI Comp L § 330.2024 (2021)
2021 Michigan Compiled Laws|Chapter 330 - Mental Health Code|Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106)|258-1974-10 - Chapter 10 Criminal Provisions (330.2000...330.2074)|258-1974-10-INCOMPETENCE-TO-STAND-TRIAL - Incompetence to Stand Trial (330.2020...330.2044)|Section 330.2024 - Raising Issue of Incompetence to Stand Trial.

330.2024 Raising issue of incompetence to stand trial. Sec. 1024.  The issue of incompetence to stand trial may be raised by the defense, court, or prosecution. The time and form of the procedure for raising the issue shall be provided by court rule. History: 1974, Act 258, Eff. Aug. 6, 1975
MI Comp L § 330.2026 (2021)
2021 Michigan Compiled Laws|Chapter 330 - Mental Health Code|Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106)|258-1974-10 - Chapter 10 Criminal Provisions (330.2000...330.2074)|258-1974-10-INCOMPETENCE-TO-STAND-TRIAL - Incompetence to Stand Trial (330.2020...330.2044)|Section 330.2026 - Examination of Defendant.

330.2026 Examination of defendant. Sec. 1026.  (1) Upon a showing that the defendant may be incompetent to stand trial, the court shall order the defendant to undergo an examination by personnel of either the center for forensic psychiatry or other facility officially certified by the department of mental health to perform examinations relating to the issue of incompetence to stand trial. The defendant shall make himself available for the examination at the places and times established by the center or other certified facility. If the defendant, after being notified, fails to make himself available for the examination, the court may order his commitment to the center or other facility without a hearing.  (2) When the defendant is to be held in a jail or similar place of detention pending trial, the center or other facility may perform the examination in the jail or may notify the sheriff to transport the defendant to the center or other facility for the examination, and the sheriff shall return the defendant to the jail upon completion of the examination.  (3) Except as provided in subsection (1), when the defendant is not to be held in a jail or similar place of detention pending trial, the court shall commit him to the center or other facility only when the commitment is necessary for the performance of the examination.  (4) The defendant shall be released by the center or other facility upon completion of the examination. History: 1974, Act 258, Eff. Aug. 6, 1975
MI Comp L § 330.2028 (2021)
2021 Michigan Compiled Laws|Chapter 330 - Mental Health Code|Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106)|258-1974-10 - Chapter 10 Criminal Provisions (330.2000...330.2074)|258-1974-10-INCOMPETENCE-TO-STAND-TRIAL - Incompetence to Stand Trial (330.2020...330.2044)|Section 330.2028 - Consultations; Report; Admissibility of Evidence.

330.2028 Consultations; report; admissibility of evidence. Sec. 1028.  (1) When the defendant is ordered to undergo an examination pursuant to section 1026, the center or other facility shall, for the purpose of gathering psychiatric and other information pertinent to the issue of the incompetence of the defendant to stand trial, examine the defendant and consult with defense counsel, and may consult with the prosecutor or other persons. Defense counsel shall make himself available for consultation with the center or other facility. The examination shall be performed, defense counsel consulted, and a written report submitted to the court, prosecuting attorney, and defense counsel within 60 days of the date of the order.  (2) The report shall contain:  (a) The clinical findings of the center or other facility.  (b) The facts, in reasonable detail, upon which the findings are based, and upon request of the court, defense, or prosecution additional facts germane to the findings.  (c) The opinion of the center or other facility on the issue of the incompetence of the defendant to stand trial.  (d) If the opinion is that the defendant is incompetent to stand trial, the opinion of the center or other facility on the likelihood of the defendant attaining competence to stand trial, if provided a course of treatment, within the time limit established by section 1034.   (3) The opinion concerning competency to stand trial derived from the examination may not be admitted as evidence for any purpose in the pending criminal proceedings, except on the issues to be determined in the hearings required or permitted by sections 1030 and 1040. The foregoing bar of testimony shall not be construed to prohibit the examining qualified clinician from presenting at other stages in the criminal proceedings opinions concerning criminal responsibility, disposition, or other issues if they were originally requested by the court and are available. Information gathered in the course of a prior examination that is of historical value to the examining qualified clinician may be utilized in the formulation of an opinion in any subsequent court ordered evaluation. History: 1974, Act 258, Eff. Aug. 6, 1975 ;-- Am. 1975, Act 179, Eff. Aug. 6, 1975
MI Comp L § 330.2030 (2021)
2021 Michigan Compiled Laws|Chapter 330 - Mental Health Code|Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106)|258-1974-10 - Chapter 10 Criminal Provisions (330.2000...330.2074)|258-1974-10-INCOMPETENCE-TO-STAND-TRIAL - Incompetence to Stand Trial (330.2020...330.2044)|Section 330.2030 - Hearing; Determination; Admissibility of Report; Order for Continued Administration of Medication.

330.2030 Hearing; determination; admissibility of report; order for continued administration of medication. Sec. 1030.  (1) Upon receipt of the written report, the court shall cause the defendant to appear in court and shall hold a hearing within 5 days or upon the conclusion of the case, proceeding, or other matter then before it, whichever is sooner, unless the defense or prosecution for good cause requests a delay for a reasonable time.  (2) On the basis of the evidence admitted at the hearing, the court shall determine the issue of the incompetence of the defendant to stand trial. If the defendant is determined incompetent to stand trial, the court shall also determine whether there is a substantial probability that the defendant, if provided a course of treatment, will attain competence to stand trial within the time limit established by section 1034.  (3) The written report shall be admissible as competent evidence in the hearing, unless the defense or prosecution objects, but not for any other purpose in the pending criminal proceeding. The defense, prosecution, and the court on its own motion may present additional evidence relevant to the issues to be determined at the hearing.  (4) If the defendant is receiving medication and is not determined incompetent to stand trial, the court may, in order to maintain the competence of the defendant to stand trial, make such orders as it deems appropriate for the continued administration of such medication pending and during trial. History: 1974, Act 258, Eff. Aug. 6, 1975