reglab/statecodes huggingface dataset:
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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 330.2072 - Training Program for Juvenile Forensic Mental Health Examiners.

330.2072 Training program for juvenile forensic mental health examiners.
Sec. 1072.
(1) Not later than 18 months after the effective date of the amendatory act that added this section, the department shall review and endorse a training program for juvenile forensic mental health examiners who provide juvenile competency exams. A psychiatrist or psychologist may, but is not required to, seek certification under the program established under this section.
(2) The department may make adaptations or adjustments to the endorsed training program described under subsection (1) based on research and best practices.
History:
Add. 2012, Act 540, Eff. Mar. 28, 2013
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-11 - Chapter 11 (330.2100...330.2106) › Section 330.2100 - Saving Clause.

330.2100 Saving clause.
Sec. 1100.
The provisions of this act, except by their own terms, shall not affect or impair the validity of an act done, an order, judgment, or status established, a claim or right accrued, an offense committed, or a penalty incurred under a law in force prior to the date this act shall take effect.
History:
1974, Act 258, Eff. Aug. 6, 1975
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-11 - Chapter 11 (330.2100...330.2106) › Section 330.2102 - Effective Date and Applicability of Particular Sections and Chapters.

330.2102 Effective date and applicability of particular sections and chapters.
Sec. 1102.
(1) This act shall take effect August 6, 1975, except that the provisions of chapters 4, 5, and 8 shall take effect November 6, 1974.
(2) The provisions of sections 1020 to 1042 shall apply to persons against whom criminal proceedings are commenced on or after the effective date of those sections. Proceedings to determine the competency of persons against whom criminal proceedings are commenced before the effective date of those sections shall continue to be governed by the law in effect at the time those proceedings are commenced.
(3) The provisions of section 1050 shall apply to persons who are found not guilty by reason of insanity on or after the effective date of that section.
History:
1974, Act 258, Eff. Aug. 6, 1975 ;-- Am. 1975, Act 179, Eff. Aug. 6, 1975
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-11 - Chapter 11 (330.2100...330.2106) › Section 330.2104 - Redetermination of Actions Under Repealed Provisions.

330.2104 Redetermination of actions under repealed provisions.
Sec. 1104.
As soon as practicable after this act shall take effect but no later than 2 years after this act shall take effect, all actions then having legal effect under any provision of the acts and parts of acts repealed by this act and which are inconsistent with any provision of this act shall be redetermined and made consistent with the provisions of this act.
History:
1974, Act 258, Eff. Aug. 6, 1975
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-11 - Chapter 11 (330.2100...330.2106) › Section 330.2106 - Repeal.

330.2106 Repeal.
Sec. 1106.
The following acts and parts of acts, as amended, are repealed:
(a) Public Acts:
Public Act Number
Year of Act
Section Number
Compiled Law Number (1970)
380
1965
404
16.504
111
1961
325.175
271
1945
330.1 to 330.3
151
1923
330.11 to 330.71
270
1965
330.81 to 330.86
229
1956
330.91 to 330.94
7
1901
330.101
129
1945
330.161 to 330.166
223
1947
330.171 to 330.175
39
1935
330.181 to 330.183
48
1949
330.191 to 330.194
231
1923
330.201 to 330.202
392
1921
330.251 to 330.255
148
1957
330.261
148
1927
330.301 to 330.305
85
1937
330.401 to 330.407
217
1954
330.421 to 330.427
5
1951
330.451 to 330.453
12
1951
330.501 to 330.506
1
1955 (Second Extra Session)
330.557 to 330.558
21
1963
330.561 to 330.562
56
1969
330.571 to 330.572
54
1963
330.601 to 330.615
335
1965
330.651 to 330.666
107
1974
330.701 to 330.720
281
1929
720.301 to 720.310
328
1931
187, 197b, 198
750.187, 750.197b, 750.198
175
1927
27a to 27c
767.27a to 767.27c
232
1953
68
791.268
(b) Revised Statutes of 1846:
Chapter
Section Number
Compiled Law Number (1970)
171
14, 15
801.14, 801.15
History:
1974, Act 258, Eff. Aug. 6, 1975
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 177 of 2019 - Suicide Prevention Commission (330.3001 - 330.3011) › Section 330.3001 - Definitions.

***** 330.3001 THIS SECTION DOES NOT APPLY BEGINNING DECEMBER 31, 2024: See 330.3011 *****
330.3001 Definitions.
Sec. 1.
As used in this act:
(a) "Commission" means the suicide prevention commission created in section 3.
(b) "Department" means the department of health and human services.
(c) "Executive committee" means the executive committee described in section 5.
History:
2019, Act 177, Eff. Mar. 19, 2020
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 177 of 2019 - Suicide Prevention Commission (330.3001 - 330.3011) › Section 330.3007 - Research and Recommendations of Commission.

***** 330.3007 THIS SECTION DOES NOT APPLY BEGINNING DECEMBER 31, 2024: See 330.3011 *****
330.3007 Research and recommendations of commission.
Sec. 7.
The commission may, through its executive committee, research policy recommendations from relevant sources and policy initiatives from other states in order to make recommendations to the governor and to the chairpersons of the house and senate standing committees on health policy and the judiciary on initiatives to reduce suicide rates among the demographics described in section 5.
History:
2019, Act 177, Eff. Mar. 19, 2020
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 177 of 2019 - Suicide Prevention Commission (330.3001 - 330.3011) › Section 330.3009 - Clerking Services for Commission.

***** 330.3009 THIS SECTION DOES NOT APPLY BEGINNING DECEMBER 31, 2024: See 330.3011 *****
330.3009 Clerking services for commission.
Sec. 9.
The department shall furnish clerking services to the commission.
History:
2019, Act 177, Eff. Mar. 19, 2020
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 177 of 2019 - Suicide Prevention Commission (330.3001 - 330.3011) › Section 330.3011 - Applicability of Act After December 31, 2024.

***** 330.3011 THIS SECTION DOES NOT APPLY BEGINNING DECEMBER 31, 2024: See 330.3011 *****
330.3011 Applicability of act after December 31, 2024.
Sec. 11.
This act does not apply beginning December 31, 2024.
History:
2019, Act 177, Eff. Mar. 19, 2020
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 313 of 2023 - Overdose Fatality Review Act (330.3021.new - 330.3031.new) › Section 330.3021.new - Short Title.

***** 330.3021.new THIS NEW SECTION IS EFFECTIVE FEBRUARY 13, 2024 *****
330.3021.new Short title.
Sec. 1.
This act may be cited as the "overdose fatality review act".
History:
2023, Act 313, Eff. Feb. 13, 2024
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 313 of 2023 - Overdose Fatality Review Act (330.3021.new - 330.3031.new) › Section 330.3031.new - Disclosure of Confidential Information; Violation; Civil Action; Remedies.

***** 330.3031.new THIS NEW SECTION IS EFFECTIVE FEBRUARY 13, 2024 *****
330.3031.new Disclosure of confidential information; violation; civil action; remedies.
Sec. 11.
If an overdose fatality review team member knowingly discloses confidential information in violation of this act, a person aggrieved by that violation may bring a civil action for damages and any costs and reasonable attorney fees allowed by the court.
History:
2023, Act 313, Eff. Feb. 13, 2024