reglab/housing_qa huggingface dataset:
MI Comp L § 330.2031 (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 330.2031 - Filing of Petition by Prosecuting Attorney.

330.2031 Filing of petition by prosecuting attorney. Sec. 1031.  If the defendant is determined incompetent to stand trial, and if the court determines that there is not a substantial probability that, if provided a course of treatment, he will attain competence to stand trial within the time limit established by section 1034, the court may direct a prosecuting attorney to file a petition asserting that the defendant is a person requiring treatment as defined by section 401 or meets the criteria for judicial admission as defined by section 515 with the probate court of the defendant's county of residence. History: 1974, Act 258, Eff. Aug. 6, 1975
MI Comp L § 330.2032 (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 330.2032 - Ordering Treatment; Medical Supervisor; Commitment; Restriction of Movements.

330.2032 Ordering treatment; medical supervisor; commitment; restriction of movements. Sec. 1032.  (1) If the defendant is determined incompetent to stand trial, and if the court determines that there is a substantial probability that, if provided a course of treatment, he will attain competence to stand trial within the time limit established by section 1034, the court shall order him to undergo treatment to render him competent to stand trial.  (2) The court shall appoint a medical supervisor of the course of treatment. The supervisor may be any person or agency willing to supervise the course of treatment, or the department of mental health.  (3) The court may commit the defendant to the custody of the department of mental health, or to the custody of any other inpatient mental health facility if it agrees, only if commitment is necessary for the effective administration of the course of treatment. If the defendant, absent commitment to the department of mental health or other inpatient facility, would otherwise be held in a jail or similar place of detention pending trial, the court may enter an order restricting the defendant in his movements to the buildings and grounds of the facility at which he is to be treated. History: 1974, Act 258, Eff. Aug. 6, 1975
MI Comp L § 330.2034 (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 330.2034 - Effective Duration of Order; Notice of Dismissed Charge or Voided Orders; Filing Petition Prior to Discharge or Release.

330.2034 Effective duration of order; notice of dismissed charge or voided orders; filing petition prior to discharge or release. Sec. 1034.  (1) No order or combination of orders issued under section 1032 or 1040, or both, shall have force and effect for a total period in excess of 15 months or 1/3 of the maximum sentence the defendant could receive if convicted of the charges against him, whichever is lesser; nor after the charges against the defendant are dismissed.  (2) The court shall provide for notification of defense counsel, the prosecution, and the medical supervisor of treatment whenever the charges against the defendant are dismissed and whenever an order whose stated time period has not elapsed is voided by the court.  (3) If the defendant is to be discharged or released because of the expiration of an order or orders under section 1032 or 1040, the supervisor of treatment prior to the discharge or release may file a petition asserting that the defendant is a person requiring treatment as defined by section 401 or meets the criteria for judicial admission as defined by section 515 with the probate court of the defendant's county of residence. History: 1974, Act 258, Eff. Aug. 6, 1975
MI Comp L § 330.2036 (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 330.2036 - Right to Liberty Pending Trial.

330.2036 Right to liberty pending trial. Sec. 1036.  The right of the defendant to be at liberty pending trial, on bail or otherwise, shall not be impaired because the issue of incompetence to stand trial has been raised, because the defendant has been determined incompetent to stand trial, or because the defendant has been ordered to undergo treatment to render him competent to stand trial, except to the extent authorized by section 1026 for the purpose of an examination or by section 1032 for the purpose of administering a course of treatment. History: 1974, Act 258, Eff. Aug. 6, 1975
MI Comp L § 330.2038 (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 330.2038 - Reports; Admissibility.

330.2038 Reports; admissibility. Sec. 1038.  (1) The medical supervisor of treatment shall transmit a written report to the court, prosecuting attorney, defense counsel, and the center for forensic psychiatry:  (a) At least once every 90 days from the date of an order issued pursuant to section 1032.  (b) Whenever he is of the opinion that the defendant is no longer incompetent to stand trial.  (c) Whenever he is of the opinion that there is not a substantial probability that the defendant, with treatment, will attain competence to stand trial within the time limit established by section 1034.   (2) The reports shall be admissible pursuant to section 1030(3) and shall contain:  (a) The clinical findings of the supervisor of treatment.  (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 supervisor of treatment 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 supervisor of treatment on whether the defendant has made progress toward attaining competence to stand trial during the course of treatment. History: 1974, Act 258, Eff. Aug. 6, 1975
MI Comp L § 330.2040 (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 330.2040 - Redetermining Issue of Incompetence to Stand Trial; Hearing; Commencement of Trial; Modification or Continuance of Orders.

330.2040 Redetermining issue of incompetence to stand trial; hearing; commencement of trial; modification or continuance of orders. Sec. 1040.  (1) The court shall forthwith hear and redetermine the issue of the incompetence of the defendant to stand trial and, if the defendant is redetermined incompetent to stand trial, shall hear and determine whether the defendant has made progress toward attaining competence to stand trial during his course of treatment, whenever the court receives a report from the supervisor of treatment, unless the defense waives the hearing, or whenever deemed appropriate by the court.  (2) Section 1030 shall govern hearings held pursuant to this section.  (3) If the defendant is not redetermined incompetent to stand trial at a hearing held pursuant to this section, trial shall commence as soon as practicable. If the defendant is redetermined incompetent to stand trial, and if the court determines that the defendant has made progress toward attaining competence to stand trial, the court may modify or continue any orders it previously issued under section 1032. History: 1974, Act 258, Eff. Aug. 6, 1975
MI Comp L § 330.2042 (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 330.2042 - Crediting Time Spent in Custody.

330.2042 Crediting time spent in custody. Sec. 1042.  Time spent in custody because of orders issued pursuant to sections 1026, 1032, and 1040 shall be credited against any sentence imposed on the defendant in the pending criminal case or in any other case arising from the same transaction. History: 1974, Act 258, Eff. Aug. 6, 1975
MI Comp L § 330.2044 (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 330.2044 - Dismissal of Charge; Filing Same or Other Charges; Examination of Defendant as Outpatient.

330.2044 Dismissal of charge; filing same or other charges; examination of defendant as outpatient. Sec. 1044.  (1) The charges against a defendant determined incompetent to stand trial shall be dismissed:  (a) When the prosecutor notifies the court of his intention not to prosecute the case; or  (b) Fifteen months after the date on which the defendant was originally determined incompetent to stand trial.  (2) When charges are dismissed pursuant to subsection (1), the same charges, or other charges arising from the transaction which gave rise to the dismissed charges, shall not subsequently be filed against the defendant, except as provided in this section.  (3) If the charges were dismissed pursuant to subsection (1) (b) and if the crime charged was punishable by a sentence of life imprisonment, the prosecutor may at any time petition the court for permission to again file charges. In the case of other charges dismissed pursuant to subsection (1) (b), the prosecutor may, within that period of time after the charges were dismissed equal to 1/3 of the maximum sentence that the defendant could receive on the charges, petition the court for permission to again file charges.  (4) The court shall grant permission to again file charges if after a hearing it determines that the defendant is competent to stand trial. Prior to the hearing, the court may order the defendant to be examined by personnel of the center for forensic psychiatry or other qualified person as an outpatient, but may not commit the defendant to the center or any other facility for the examination. History: 1974, Act 258, Eff. Aug. 6, 1975
MI Comp L § 330.2060 (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-DISPOSITION-OF-PERSONS-FOUND-NOT-GUILTY-BY-REASON-OF - Disposition of Persons Found Not Guilty by Reason of Insanity (330.2050...330.2074)|Section 330.2060 - Meanings of Words and Phrases.

330.2060 Meanings of words and phrases.Sec. 1060.  For the purposes of sections 1060a to 1074, the words and phrases defined in sections 1060a to 1060c have the meanings ascribed to them in those sections. History: Add. 2012, Act 540, Eff. Mar. 28, 2013
MI Comp L § 330.2060a (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-DISPOSITION-OF-PERSONS-FOUND-NOT-GUILTY-BY-REASON-OF - Disposition of Persons Found Not Guilty by Reason of Insanity (330.2050...330.2074)|Section 330.2060a - Definitions; C to J.

330.2060a Definitions; C to J.Sec. 1060a.  (1) "Competency evaluation" means a court-ordered examination of a juvenile directed to developing information relevant to a determination of his or her competency to proceed at a particular stage of a court proceeding involving a juvenile who is the subject of a delinquency petition.  (2) "Competency hearing" means a hearing to determine whether a juvenile is competent to proceed.  (3) "Incompetent to proceed" means that a juvenile, based on age-appropriate norms, lacks a reasonable degree of rational and factual understanding of the proceeding or is unable to do 1 or more of the following:  (a) Consult with and assist his or her attorney in preparing his or her defense in a meaningful manner.  (b) Sufficiently understand the charges against him or her.  (4) "Juvenile" means a person who is less than 18 years of age who is the subject of a delinquency petition. History: Add. 2012, Act 540, Eff. Mar. 28, 2013 ;-- Am. 2019, Act 99, Eff. Oct. 1, 2021
MI Comp L § 330.2060b (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-DISPOSITION-OF-PERSONS-FOUND-NOT-GUILTY-BY-REASON-OF - Disposition of Persons Found Not Guilty by Reason of Insanity (330.2050...330.2074)|Section 330.2060b - Definitions; L to Q.

330.2060b Definitions; L to Q.Sec. 1060b.  (1) "Least restrictive environment" means a supervised community placement, preferably a placement with the juvenile's parent, guardian, relative, or a facility or conditions of treatment that is a residential or institutional placement only utilized as a last resort based on the best interest of the juvenile or for reasons of public safety.  (2) "Licensed child caring institution" means a child caring institution as defined and licensed under 1973 PA 116, MCL 722.111 to 722.128.  (3) "Qualified forensic mental health examiner" means 1 of the following who performs forensic mental health examinations for the purposes of sections 1062 to 1074 but does not exceed the scope of his or her practice as authorized by state law:  (a) A psychiatrist or psychologist who possesses experience or training in the following:  (i) Forensic evaluation procedures for juveniles.  (ii) Evaluation, diagnosis, and treatment of children and adolescents with emotional disturbance, mental illness, or developmental disabilities.  (iii) Clinical understanding of child and adolescent development.  (iv) Familiarity with competency standards in this state.  (b) Beginning 18 months after the effective date of the amendatory act that added this section, a mental health professional other than a psychiatrist or psychologist who has completed a juvenile competency training program for forensic mental health examiners that is endorsed by the department under section 1072 and who possesses experience or training in all of the following:  (i) Forensic evaluation procedures for juveniles.  (ii) Evaluation, diagnosis, and treatment of children and adolescents with emotional disturbance, mental illness, or developmental disabilities.  (iii) Clinical understanding of child and adolescent development.  (iv) Familiarity with competency standards in this state.  (4) "Qualified restoration provider" means an individual, who the court determines as a result of the opinion provided by the qualified forensic mental health examiner, has the skills and training necessary to provide restoration services. The court shall take measures to avoid any conflict of interest among agencies or individuals who may provide evaluation and restoration. History: Add. 2012, Act 540, Eff. Mar. 28, 2013
MI Comp L § 330.2060c (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-DISPOSITION-OF-PERSONS-FOUND-NOT-GUILTY-BY-REASON-OF - Disposition of Persons Found Not Guilty by Reason of Insanity (330.2050...330.2074)|Section 330.2060c - Definitions; R, S.

330.2060c Definitions; R, S.Sec. 1060c.  (1) "Restoration" means the process by which education or treatment of a juvenile results in that juvenile becoming competent to proceed.  (2) "Serious misdemeanor" means that term as defined in section 61 of the William Van Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.811. History: Add. 2012, Act 540, Eff. Mar. 28, 2013
MI Comp L § 330.2062 (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-DISPOSITION-OF-PERSONS-FOUND-NOT-GUILTY-BY-REASON-OF - Disposition of Persons Found Not Guilty by Reason of Insanity (330.2050...330.2074)|Section 330.2062 - Competency of Juvenile; Presumption; Order to Determine Competency During Proceeding.

330.2062 Competency of juvenile; presumption; order to determine competency during proceeding.Sec. 1062.  (1) A juvenile 10 years of age or older is presumed competent to proceed unless the issue of competency is raised by a party. A juvenile less than 10 years of age is presumed incompetent to proceed.  (2) The court may order upon its own motion, or at the request of the juvenile, the juvenile's attorney, or the prosecuting attorney, a competency evaluation to determine whether the juvenile is incompetent to proceed if the juvenile is the subject of a delinquency petition in the court or if the juvenile is under the court's jurisdiction under section 2(a)(2) to (4) of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2. The issue of the juvenile's competency may be raised by the court before which the proceedings are pending or being held, or by motion of a party, at any time during the proceeding.  (3) At the time an issue of the juvenile's competency is raised, the delinquency proceeding shall temporarily cease until determination is made on the competence of the juvenile according to this act. History: Add. 2012, Act 540, Eff. Mar. 28, 2013
MI Comp L § 330.2064 (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-DISPOSITION-OF-PERSONS-FOUND-NOT-GUILTY-BY-REASON-OF - Disposition of Persons Found Not Guilty by Reason of Insanity (330.2050...330.2074)|Section 330.2064 - Competency Evaluation; Conduct by Qualified Forensic Mental Health Examiner; Expert Witness; Additional Evaluations at Party's Expense; Conduct in Least Restrictive Environment.

330.2064 Competency evaluation; conduct by qualified forensic mental health examiner; expert witness; additional evaluations at party's expense; conduct in least restrictive environment.Sec. 1064.  (1) A competency evaluation ordered under section 1062 shall be conducted by a qualified forensic mental health examiner. The qualified forensic mental health examiner shall provide the court with an opinion as to whether the juvenile is competent to proceed. The court has the final determination of an expert witness serving as a qualified forensic mental health examiner.  (2) This section does not prohibit any party from retaining the party's own qualified forensic mental health examiner to conduct additional evaluations at the party's own expense.  (3) The competency evaluation shall be conducted in the least restrictive environment. There is a presumption in favor of conducting a competency evaluation while the juvenile remains in the custody of a parent or legal guardian, unless removal from the home is necessary for the best interests of the juvenile, for reasons of public safety, or because the parent or guardian has refused to cooperate in the competency evaluation process. History: Add. 2012, Act 540, Eff. Mar. 28, 2013
MI Comp L § 330.2068 (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-DISPOSITION-OF-PERSONS-FOUND-NOT-GUILTY-BY-REASON-OF - Disposition of Persons Found Not Guilty by Reason of Insanity (330.2050...330.2074)|Section 330.2068 - Competency Hearing.

330.2068 Competency hearing.Sec. 1068.  (1) Not later than 30 days after a report is filed under section 1066, the court shall hold a hearing to determine if a juvenile is competent to proceed. At the hearing, the parties may introduce other evidence regarding the juvenile's mental condition or may submit the matter by written stipulation based on the filed report.  (2) Upon a finding by the court that a juvenile is incompetent to proceed and a finding that there is a substantial probability that the juvenile will remain incompetent to proceed for the foreseeable future or within the period of the restoration order, the court shall dismiss with prejudice the charges against the juvenile and may determine custody of the juvenile.  (3) The qualified forensic mental health examiner appointed by the court to determine the juvenile's mental condition shall be allowed reasonable fees for services rendered. History: Add. 2012, Act 540, Eff. Mar. 28, 2013
MI Comp L § 330.2070 (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-DISPOSITION-OF-PERSONS-FOUND-NOT-GUILTY-BY-REASON-OF - Disposition of Persons Found Not Guilty by Reason of Insanity (330.2050...330.2074)|Section 330.2070 - Competency Evaluations; Self-Incrimination; Evidence or Statements Inadmissible in Proceeding Determining Responsibility; Sealing Reports; Order to Open Reports; Purposes; Confidentiality; Disclosure.

330.2070 Competency evaluations; self-incrimination; evidence or statements inadmissible in proceeding determining responsibility; sealing reports; order to open reports; purposes; confidentiality; disclosure.Sec. 1070.  (1) The constitutional protections against self-incrimination apply to all competency evaluations.  (2) Any evidence or statement obtained during a competency evaluation is not admissible in any proceeding to determine the juvenile's responsibility.  (3) A statement that a juvenile makes during a competency evaluation or evidence resulting from the statement concerning any other event or transaction is not admissible in any proceeding to determine the juvenile's responsibility for any other charges that are based on those events or transactions.  (4) A statement that the juvenile makes during a competency evaluation may not be used for any purpose other than assessment of his or her competency without the written consent of the juvenile or the juvenile's guardian. The juvenile or the juvenile's guardian must have an opportunity to consult with his or her attorney before giving consent.  (5) After the case proceeds to adjudication or the juvenile is found to be unable to regain competence, the court shall order all of the reports that are submitted according to sections 1062 to 1068 to be sealed. The court may order that the reports be opened only as follows:  (a) For further competency or criminal responsibility evaluations.   (b) For statistical analysis.  (c) If the records are considered to be necessary to assist in mental health treatment ordered under this act.  (d) For data gathering.  (e) For scientific study or other legitimate research.  (6) If the court orders reports to be open for the purposes of statistical analysis, data gathering, or scientific study according to subsection (5), the reports shall remain confidential.  (7) Any statement that a juvenile makes during a competency evaluation, or any evidence resulting from that statement, is not subject to disclosure. History: Add. 2012, Act 540, Eff. Mar. 28, 2013