reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-COURT-HEARINGS - Court Hearings (330.1451...330.1465) › Section 330.1453 - Court Hearing; Notice.

330.1453 Court hearing; notice.
Sec. 453.
(1) The court shall cause notice of a petition and of the time and place of any hearing to be given to the subject of the petition, his or her attorney, the petitioner, the prosecuting or other attorney provided for in section 457, the hospital director of any hospital in which the subject of a petition is hospitalized, the spouse of the subject of the petition if his or her whereabouts are known, the guardian, if any, of the subject of the petition, and other relatives or persons as the court may determine. Notice shall be given at the earliest practicable time and sufficiently in advance of the hearing date to permit preparation for the hearing.
(2) Within 4 days of the court's receipt of the documents described in section 452(1)(a), the court shall cause the subject of the petition to be given a copy of the petition, a copy of each clinical certificate executed in connection with the proceeding, notice of the right to a full court hearing, notice of the right to be present at the hearing, notice of the right to be represented by legal counsel, notice of the right to demand a jury trial, and notice of the right to an independent clinical evaluation.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 2016, Act 320, Eff. Feb. 14, 2017
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-COURT-HEARINGS - Court Hearings (330.1451...330.1465) › Section 330.1453a - Alternatives to Hospitalization; Preparation of Assessment Report.

330.1453a Alternatives to hospitalization; preparation of assessment report.
Sec. 453a.
Upon receipt of documents described in section 452, the court shall order a report assessing the current availability and appropriateness for the individual of alternatives to hospitalization, including alternatives available following an initial period of court-ordered hospitalization. The report shall be prepared by the community mental health services program, a public or private agency, or another individual found suitable by the court. In deciding which individual or agency should be ordered to prepare the report, the court shall give preference to an agency or individual familiar with the treatment resources in the individual's home community.
History:
Add. 1996, Act 588, Imd. Eff. Jan. 21, 1997
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-COURT-HEARINGS - Court Hearings (330.1451...330.1465) › Section 330.1454 - Legal Counsel; Appointment; Waiver; Preferred Counsel; Compensation; System for Providing Representation; Consultation With Subject of Petition Before Court Hearing; Certificate.

330.1454 Legal counsel; appointment; waiver; preferred counsel; compensation; system for providing representation; consultation with subject of petition before court hearing; certificate.
Sec. 454.
(1) Every individual who is the subject of a petition is entitled to be represented by legal counsel.
(2) Unless an appearance has been entered on behalf of the subject of a petition, the court shall, within 48 hours after its receipt of any petition together with the other documents required by section 452, appoint counsel to represent the subject of the petition, except that if an individual has been hospitalized, counsel shall be appointed within 24 hours after the hospitalization.
(3) If, after consultation with appointed counsel, the subject of a petition desires to waive his or her right to counsel, he or she may do so by notifying the court in writing.
(4) If the subject of a petition prefers counsel other than the initially appointed counsel, the preferred counsel agrees to accept the appointment, and the court is notified of the preference by the subject of the petition or the preferred counsel, the court shall replace the initially appointed counsel with the preferred counsel.
(5) If the subject of a petition is indigent, the court shall compensate appointed counsel from court funds in an amount that is reasonable and based upon time and expenses.
(6) The supreme court may, by court rule, establish the compensation to be paid for counsel of indigents and may require that counsel be appointed from a system or organization established for the purpose of providing representation in proceedings governed by this chapter.
(7) Legal counsel shall consult in person with the subject of a petition at least 24 hours before the time set for a court hearing.
(8) Legal counsel for the subject of a petition under section 452(1)(a) who is hospitalized pending the court hearing shall consult in person with the individual for the first time not more than 72 hours after the petition and 2 clinical certificates have been filed with the court.
(9) After the consultation required in subsection (7) or (8), counsel promptly shall file with the court a certificate stating that he or she personally has seen and has consulted with the subject of a petition as required by this section.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1982, Act 178, Imd. Eff. June 14, 1982 ;-- Am. 1986, Act 118, Eff. Mar. 31, 1987 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 2016, Act 320, Eff. Feb. 14, 2017
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-COURT-HEARINGS - Court Hearings (330.1451...330.1465) › Section 330.1456 - Place of Hearing; Change of Venue.

330.1456 Place of hearing; change of venue.
Sec. 456.
(1) Hearings may be held in such quarters as the court directs; either within or without the county in which the court has its principal office, in a hospital or other convenient place. Whenever practicable, the court shall convene hearings in a hospital.
(2) The subject of a petition, any interested person, or the court on its own motion may request a change of venue because of residence, convenience to parties, witnesses, or the court, or the individual's mental or physical condition.
History:
1974, Act 258, Eff. Nov. 6, 1974
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-COURT-HEARINGS - Court Hearings (330.1451...330.1465) › Section 330.1457 - Participation of Prosecuting Attorney; Exception.

330.1457 Participation of prosecuting attorney; exception.
Sec. 457.
The prosecuting attorney of the county in which a court has its principal office shall participate, in person or by assistant, in hearings convened by the court of his or her county under this chapter, or he or she may permit the prosecuting attorney or assistant prosecuting attorney from another county to participate on his or her behalf, except that a prosecutor need not participate in or be present at a hearing whenever a petitioner or some other appropriate person has retained private counsel who will be present in court and will present to the court the case for requiring treatment or for a finding of incompetence.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1996, Act 395, Imd. Eff. Oct. 8, 1996
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-COURT-HEARINGS - Court Hearings (330.1451...330.1465) › Section 330.1458 - Jury.

330.1458 Jury.
Sec. 458.
The subject of a petition may demand that the question of whether he requires treatment or is legally incompetent be heard by a jury. A jury shall consist of 6 persons to be chosen in the same manner as jurors in civil proceedings.
History:
1974, Act 258, Eff. Nov. 6, 1974
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-COURT-HEARINGS - Court Hearings (330.1451...330.1465) › Section 330.1459 - Documents, Witnesses, and Cross-Examination; Rules of Evidence.

330.1459 Documents, witnesses, and cross-examination; rules of evidence.
Sec. 459.
(1) The parties in a proceeding under this chapter have the right to present documents and witnesses and to cross-examine witnesses.
(2) The court shall receive all relevant, competent, and material evidence which may be offered. The rules of evidence in civil actions are applicable, except to the extent that specific exceptions have been provided for in this chapter or elsewhere by statute or court rule.
History:
1974, Act 258, Eff. Nov. 6, 1974
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-COURT-HEARINGS - Court Hearings (330.1451...330.1465) › Section 330.1460 - Investigation by Counsel; Evidence.

330.1460 Investigation by counsel; evidence.
Sec. 460.
Counsel for the subject of a petition shall be allowed adequate time for investigation of the matters at issue and for preparation, and shall be permitted to present the evidence that counsel believes necessary to a proper disposition of the proceedings, including evidence as to alternatives to hospitalization.
History:
1974, Act 258, Eff. Nov. 6, 1974
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-COURT-HEARINGS - Court Hearings (330.1451...330.1465) › Section 330.1461 - Testimony or Deposition of Physician or Psychologist Required; Waiver; Examinations; Presence of Attorney During Deposition; Cross-Examination of Deponent; Waiver.

330.1461 Testimony or deposition of physician or psychologist required; waiver; examinations; presence of attorney during deposition; cross-examination of deponent; waiver.
Sec. 461.
(1) An individual may not be found to require treatment unless at least 1 physician or licensed psychologist who has personally examined that individual testifies in person or by written deposition at the hearing.
(2) For a petition filed under section 434(7), that does not seek hospitalization before the hearing, an individual may not be found to require treatment unless a psychiatrist who has personally examined that individual testifies. A psychiatrist's testimony is not necessary if a psychiatrist signs the petition. If a psychiatrist signs the petition, at least 1 physician or licensed psychologist who has personally examined that individual must testify. The requirement for testimony may be waived by the subject of the petition. If the testimony given in person is waived, a clinical certificate completed by a physician, licensed psychologist, or psychiatrist must be presented to the court before or at the initial hearing.
(3) The examinations required under this section for a petition filed under section 434(7) shall be arranged by the court and the local community mental health services program or other entity as designated by the department.
(4) A written deposition may be introduced as evidence at the hearing only if the attorney for the subject of the petition was given the opportunity to be present during the taking of the deposition and to cross-examine the deponent. This testimony or deposition may be waived by the subject of a petition. An individual may be found to require treatment even if the petitioner does not testify, as long as there is competent evidence from which the relevant criteria in section 401 can be established.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1976, Act 346, Imd. Eff. Dec. 21, 1976 ;-- Am. 1982, Act 402, Imd. Eff. Dec. 28, 1982 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 2016, Act 320, Eff. Feb. 14, 2017 ;-- Am. 2018, Act 593, Eff. Mar. 28, 2019
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-COURT-HEARINGS - Court Hearings (330.1451...330.1465) › Section 330.1462 - Continuance or Adjournment; Grounds.

330.1462 Continuance or adjournment; grounds.
Sec. 462.
(1) Requests for continuances for any reasonable time shall be granted for good cause.
(2) Unless the subject of a petition or his or her attorney objects, the failure to timely notify a spouse, guardian, relative, or other person determined by the court to be entitled to notice shall not be cause to adjourn or continue a hearing.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-COURT-HEARINGS - Court Hearings (330.1451...330.1465) › Section 330.1463 - Independent Clinical Evaluation by Physician, Psychiatrist or Psychologist; Compensation; Use by Subject of Petition.

330.1463 Independent clinical evaluation by physician, psychiatrist or psychologist; compensation; use by subject of petition.
Sec. 463.
(1) If requested before the first scheduled hearing or at the first scheduled hearing before the first witness has been sworn on a petition, the subject of a petition in a hearing under this chapter has the right at his or her own expense, or if indigent, at public expense, to secure an independent clinical evaluation by a physician, psychiatrist, or licensed psychologist of his or her choice relevant to whether he or she requires treatment, whether he or she should be hospitalized or receive treatment other than hospitalization, and whether he or she is of legal capacity.
(2) Compensation for an evaluation performed by a physician or a licensed psychologist shall be in an amount that is reasonable and based upon time and expenses.
(3) The independent clinical evaluation described in this section is for the sole use of the subject of the petition. The independent clinical evaluation or the testimony of the individual performing the evaluation shall not be introduced into evidence without the consent of the subject of the petition.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1982, Act 402, Imd. Eff. Dec. 28, 1982 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 2016, Act 320, Eff. Feb. 14, 2017
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-COURT-HEARINGS - Court Hearings (330.1451...330.1465) › Section 330.1464 - Persons Entitled to Copies of Court Orders.

330.1464 Persons entitled to copies of court orders.
Sec. 464.
Copies of court orders issued pursuant to this chapter shall be given to the individual who is the subject of the order; to the individual's guardian, if a guardian has been appointed; to the individual's attorney; to the executive director of the community mental health services program; and to the hospital director of any hospital in which the individual is or will be a patient.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-COURT-HEARINGS - Court Hearings (330.1451...330.1465) › Section 330.1464a - Order of Involuntary Hospitalization or Combination of Hospitalization and Assisted Outpatient Treatment; Entering or Removing Order From Law Enforcement Information Network; Applicability of Section to Order of Involuntary Treatment for Substance Use Disorder.

330.1464a Order of involuntary hospitalization or combination of hospitalization and assisted outpatient treatment; entering or removing order from law enforcement information network; applicability of section to order of involuntary treatment for substance use disorder.
Sec. 464a.
(1) Upon entry of a court order directing that an individual be involuntarily hospitalized under this chapter or that an individual involuntarily undergo a program of combined hospitalization and assisted outpatient treatment under this chapter, the court shall immediately order the department of state police to enter the court order into the law enforcement information network. The department of state police shall remove the court order from the law enforcement information network only upon receipt of a subsequent court order for that removal.
(2) The department of state police shall immediately enter an order described in subsection (1) into the law enforcement information network or shall immediately remove an order from the law enforcement information network as ordered by the court under this section.
(3) This section does not apply to an order of involuntary treatment for substance use disorder under chapter 2A.
History:
Add. 1994, Act 339, Eff. Apr. 1, 1996 ;-- Am. 2014, Act 200, Imd. Eff. June 24, 2014 ;-- Am. 2018, Act 593, Eff. Mar. 28, 2019
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-COURT-HEARINGS - Court Hearings (330.1451...330.1465) › Section 330.1465 - Clear and Convincing Evidence Required.

330.1465 Clear and convincing evidence required.
Sec. 465.
A judge or jury shall not find that an individual is a person requiring treatment unless that fact has been established by clear and convincing evidence.
History:
1974, Act 258, Eff. Nov. 6, 1974
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-FINDINGS-AND-DISPOSITIONS - Findings and Dispositions (330.1468...330.1475a) › Section 330.1469 - Repealed. 1996, Act 588, Imd. Eff. Jan. 21, 1997.

330.1469 Repealed. 1996, Act 588, Imd. Eff. Jan. 21, 1997.
Compiler's Notes:
The repealed section pertained to alternatives to hospitalization, report, notice, petition, review, powers of court, and hearing.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-FINDINGS-AND-DISPOSITIONS - Findings and Dispositions (330.1468...330.1475a) › Section 330.1469a - Treatment Program as Alternative to Hospitalization; Assisted Outpatient Treatment; Court Order.

330.1469a Treatment program as alternative to hospitalization; assisted outpatient treatment; court order.
Sec. 469a.
(1) Except for a petition filed as described under section 434(7), before ordering a course of treatment for an individual found to be a person requiring treatment, the court must review a report on alternatives to hospitalization that was prepared under section 453a not more than 15 days before the court issues the order. After reviewing the report, the court shall do all of the following:
(a) Determine whether a treatment program that is an alternative to hospitalization or that follows an initial period of hospitalization is adequate to meet the individual's treatment needs and is sufficient to prevent harm that the individual may inflict upon himself or herself or upon others within the near future.
(b) Determine whether there is an agency or mental health professional available to supervise the individual's treatment program.
(c) Inquire as to the individual's desires regarding alternatives to hospitalization.
(2) If the court determines that there is a treatment program that is an alternative to hospitalization that is adequate to meet the individual's treatment needs and prevent harm that the individual may inflict upon himself or herself or upon others within the near future and that an agency or mental health professional is available to supervise the program, the court shall issue an order for assisted outpatient treatment or combined hospitalization and assisted outpatient treatment in accordance with section 472a. The order shall state the community mental health services program or, if private arrangements have been made for the reimbursement of mental health treatment services in an alternative setting, the name of the mental health agency or professional that is directed to supervise the individual's assisted outpatient treatment program. The order may provide that if an individual refuses to comply with a psychiatrist's order to return to the hospital, a peace officer must take the individual into protective custody. After the individual is taken into protective custody by a peace officer, a peace officer or a security transport officer shall transport the individual to the hospital selected.
(3) If the court orders assisted outpatient treatment as the alternative to hospitalization, the order must be consistent with the provisions of section 468(2)(d).
History:
Add. 1996, Act 588, Imd. Eff. Jan. 21, 1997 ;-- Am. 2004, Act 497, Eff. Mar. 30, 2005 ;-- Am. 2016, Act 320, Eff. Feb. 14, 2017 ;-- Am. 2018, Act 593, Eff. Mar. 28, 2019 ;-- Am. 2022, Act 146, Eff. (sine die) ;-- Am. 2022, Act 214, Imd. Eff. Oct. 14, 2022
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-FINDINGS-AND-DISPOSITIONS - Findings and Dispositions (330.1468...330.1475a) › Section 330.1470 - Adequate and Appropriate Treatment Required; Inquiry.

330.1470 Adequate and appropriate treatment required; inquiry.
Sec. 470.
Prior to ordering the hospitalization of an individual, the court shall inquire into the adequacy of treatment to be provided to the individual by the hospital. Hospitalization shall not be ordered unless the hospital in which the individual is to be hospitalized can provide him with treatment which is adequate and appropriate to his condition.
History:
1974, Act 258, Eff. Nov. 6, 1974
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-FINDINGS-AND-DISPOSITIONS - Findings and Dispositions (330.1468...330.1475a) › Section 330.1471 - Preference as to Hospitals.

330.1471 Preference as to hospitals.
Sec. 471.
Preference between the department designated hospital and other available hospitals shall be given to the hospital which is located nearest to the individual's residence except when the individual requests otherwise or there are other compelling reasons for an order reversing the preference.
History:
1974, Act 258, Eff. Nov. 6, 1974
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-FINDINGS-AND-DISPOSITIONS - Findings and Dispositions (330.1468...330.1475a) › Section 330.1472 - Repealed. 1996, Act 588, Imd. Eff. Jan. 21, 1997.

330.1472 Repealed. 1996, Act 588, Imd. Eff. Jan. 21, 1997.
Compiler's Notes:
The repealed section pertained to duration of hospitalization.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-FINDINGS-AND-DISPOSITIONS - Findings and Dispositions (330.1468...330.1475a) › Section 330.1472a - Initial, Second, or Continuing Order for Involuntary Mental Health Treatment; Duration of Order.

330.1472a Initial, second, or continuing order for involuntary mental health treatment; duration of order.
Sec. 472a.
(1) Upon the filing of a petition under section 434 and a finding that an individual is a person requiring treatment, the court shall issue an initial order of involuntary mental health treatment that shall be limited in duration as follows:
(a) An initial order of hospitalization shall not exceed 60 days.
(b) An initial order of assisted outpatient treatment shall not exceed 180 days.
(c) An initial order of combined hospitalization and assisted outpatient treatment shall not exceed 180 days. The hospitalization portion of the initial order shall not exceed 60 days.
(2) Upon the receipt of a petition under section 473 before the expiration of an initial order under subsection (1) and a finding that the individual continues to be a person requiring treatment, the court shall issue a second order for involuntary mental health treatment that shall not exceed 90 days.
(3) Upon the receipt of a petition under section 473 before the expiration of a second order under subsection (2) and a finding that the individual continues to be a person requiring treatment, the court shall issue a continuing order for involuntary mental health treatment that shall not exceed 1 year.
(4) Upon the receipt of a petition under section 473 before the expiration of a continuing order of involuntary mental health treatment, including a continuing order issued under section 485a or a 1-year order of hospitalization issued under former section 472, and a finding that the individual continues to be a person requiring treatment, the court shall issue another continuing order for involuntary mental health treatment as provided in subsection (3) for a period not to exceed 1 year. The court shall continue to issue consecutive 1-year continuing orders for involuntary mental health treatment under this section until a continuing order expires without a petition having been filed under section 473 or the court finds that the individual is not a person requiring treatment.
(5) If a petition for an order of involuntary mental health treatment is not brought under section 473 at least 14 days before the expiration of an order of involuntary mental health treatment as described in subsections (2) to (4), a person who believes that an individual continues to be a person requiring treatment may file a petition under section 434 for an initial order of involuntary mental health treatment as described in subsection (1).
History:
Add. 1996, Act 588, Imd. Eff. Jan. 21, 1997 ;-- Am. 2004, Act 498, Eff. Mar. 30, 2005 ;-- Am. 2016, Act 320, Eff. Feb. 14, 2017 ;-- Am. 2018, Act 593, Eff. Mar. 28, 2019
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-FINDINGS-AND-DISPOSITIONS - Findings and Dispositions (330.1468...330.1475a) › Section 330.1473 - Petition for Second or Continuing Order of Involuntary Mental Health Treatment; Contents; Clinical Certificate.

330.1473 Petition for second or continuing order of involuntary mental health treatment; contents; clinical certificate.
Sec. 473.
Not less than 14 days before the expiration of an initial, second, or continuing order of involuntary mental health treatment issued under section 472a or section 485a, a hospital director or an agency or mental health professional supervising an individual's assisted outpatient treatment shall file a petition for a second or continuing order of involuntary mental health treatment if the hospital director or supervisor believes the individual continues to be a person requiring treatment and that the individual is likely to refuse treatment on a voluntary basis when the order expires. The petition shall contain a statement setting forth the reasons for the hospital director's or supervisor's or their joint determination that the individual continues to be a person requiring treatment, a statement describing the treatment program provided to the individual, the results of that course of treatment, and a clinical estimate as to the time further treatment will be required. The petition shall be accompanied by a clinical certificate executed by a psychiatrist.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 1996, Act 588, Imd. Eff. Jan. 21, 1997 ;-- Am. 2004, Act 498, Eff. Mar. 30, 2005 ;-- Am. 2018, Act 593, Eff. Mar. 28, 2019
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-FINDINGS-AND-DISPOSITIONS - Findings and Dispositions (330.1468...330.1475a) › Section 330.1474a - Order of Combined Hospitalization and Assisted Outpatient Treatment; Order of Hospitalization; Decision; Notice to Court.

330.1474a Order of combined hospitalization and assisted outpatient treatment; order of hospitalization; decision; notice to court.
Sec. 474a.
During the period of an order of combined hospitalization and assisted outpatient treatment or combined hospitalization and assisted outpatient treatment, hospitalization may be used as clinically appropriate and when ordered by a psychiatrist, for up to the maximum period for hospitalization specified in the order. Subject to section 475, the decision to hospitalize the individual shall be made by the director of the assisted outpatient treatment program, who shall notify the court when the individual is hospitalized. The notice to the court shall include a statement from a psychiatrist explaining the need for hospitalization.
History:
Add. 1996, Act 588, Imd. Eff. Jan. 21, 1997 ;-- Am. 2016, Act 320, Eff. Feb. 14, 2017 ;-- Am. 2018, Act 593, Eff. Mar. 28, 2019
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-FINDINGS-AND-DISPOSITIONS - Findings and Dispositions (330.1468...330.1475a) › Section 330.1475a - Hospitalization Without Hearing; Objection.

330.1475a Hospitalization without hearing; objection.
Sec. 475a.
(1) If an individual is hospitalized without a hearing after placement in an assisted outpatient treatment program, the individual has a right to object to the hospitalization. Upon transfer of the individual to the hospital, the hospital shall notify the individual of his or her right to object under this section.
(2) Upon receipt of an objection to a hospitalization under subsection (1), the court shall schedule a hearing for a determination that the individual requires hospitalization.
History:
Add. 1996, Act 588, Imd. Eff. Jan. 21, 1997 ;-- Am. 2018, Act 593, Eff. Mar. 28, 2019
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-DISCHARGE-AND-LEAVES - Discharge and Leaves (330.1476...330.1479) › Section 330.1476 - Discretionary Discharge; Mandatory Discharge; Notice; Statements.

330.1476 Discretionary discharge; mandatory discharge; notice; statements.
Sec. 476.
(1) The hospital director may at any time discharge a voluntarily or judicially hospitalized patient whom the hospital director considers clinically suitable for discharge.
(2) The hospital director shall discharge a patient hospitalized by court order when the patient's mental condition is such that he or she no longer meets the criteria of a person requiring treatment.
(3) If a patient discharged under subsection (1) or (2) has been hospitalized by court order, or if court proceedings are pending, the court shall be notified of the discharge by the hospital.
(4) If the court orders a person to be hospitalized under an initial or continuing order for hospitalization subsequent to dismissal of felony charges under section 1044(1)(b), the court shall include both of the following statements in the initial or continuing order unless the time for petitioning to refile charges under section 1044 has elapsed:
(a) A requirement that not less than 30 days before the patient's scheduled release or discharge, the director of the treating facility shall notify the prosecutor's office in the county in which charges against the person were originally brought that the patient's release or discharge is pending.
(b) A requirement that not less than 30 days before the scheduled release or discharge, the patient to be released or discharged undergo a competency examination as described in section 1026. A copy of the written report of the examination along with the notice required in subdivision (a) shall be submitted to the prosecutor's office in the county in which the charges against the patient were originally brought. The written report is admissible as provided in section 1030(3).
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 1998, Act 382, Imd. Eff. Oct. 23, 1998
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-DISCHARGE-AND-LEAVES - Discharge and Leaves (330.1476...330.1479) › Section 330.1477 - Termination of Treatment; Notice.

330.1477 Termination of treatment; notice.
Sec. 477.
(1) A person responsible for providing treatment to an individual ordered to undergo a program of assisted outpatient treatment or a program of combined hospitalization and assisted outpatient treatment may terminate the treatment to the individual if the provider of the treatment considers the individual clinically suitable for termination of treatment, and shall terminate the treatment when the individual's mental condition is such that he or she no longer meets the criteria of a person requiring treatment.
(2) Upon termination of assisted outpatient treatment or combined hospitalization and assisted outpatient treatment, the court shall be notified by the provider of the treatment.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1980, Act 138, Imd. Eff. May 29, 1980 ;-- Am. 1986, Act 117, Eff. Mar. 31, 1987 ;-- Am. 2018, Act 593, Eff. Mar. 28, 2019
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-DISCHARGE-AND-LEAVES - Discharge and Leaves (330.1476...330.1479) › Section 330.1478 - Treatment on Voluntary Basis; Aid in Obtaining Other Treatment.

330.1478 Treatment on voluntary basis; aid in obtaining other treatment.
Sec. 478.
If, upon the discharge of a patient hospitalized by court order or the termination of assisted outpatient treatment to an individual receiving assisted outpatient treatment under this chapter, it is determined that the individual would benefit from the receipt of further treatment, the hospital or provider of assisted outpatient treatment shall offer him or her appropriate treatment on a voluntary basis, or shall aid him or her to obtain treatment from another source.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 2018, Act 593, Eff. Mar. 28, 2019
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-DISCHARGE-AND-LEAVES - Discharge and Leaves (330.1476...330.1479) › Section 330.1479 - Leaves or Absence From Hospital; Rules; Procedures; Mandatory Discharge; Notice.

330.1479 Leaves or absence from hospital; rules; procedures; mandatory discharge; notice.
Sec. 479.
All leaves or absences from a hospital, other than release or discharge, and all revocations of leaves and absences under section 408, shall be governed in accordance with rules or procedures established by the department or the hospital; except that a hospital director shall discharge any patient who has been hospitalized subject to an order of continuing hospitalization and who has been on an authorized leave or absence from the hospital for a continuous period of 1 year. Upon such discharge, the hospital director shall notify the court.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996
Admin Rule:
R 330.1001 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-PERIODIC-REVIEW - Periodic Review (330.1482...330.1486) › Section 330.1482 - Review of Status; Frequency; Assignment of Physician or Psychologist.

330.1482 Review of status; frequency; assignment of physician or psychologist.
Sec. 482.
Each individual subject to a 1-year order of involuntary mental health treatment has the right to adequate and prompt review of his or her current status as a person requiring treatment. Six months from the date of a 1-year order of involuntary mental health treatment, the executive director of the community mental health services program responsible for treatment or, if private arrangements for the reimbursement of mental health treatment services have been made, the hospital director or director of the assisted outpatient treatment program shall assign a physician or licensed psychologist to review the individual's clinical status as a person requiring treatment.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1986, Act 117, Eff. Mar. 31, 1987 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 1996, Act 588, Imd. Eff. Jan. 21, 1997 ;-- Am. 2018, Act 593, Eff. Mar. 28, 2019
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-PERIODIC-REVIEW - Periodic Review (330.1482...330.1486) › Section 330.1483 - Review of Status; Disposition and Notice of Results; Complaint.

330.1483 Review of status; disposition and notice of results; complaint.
Sec. 483.
(1) The results of each periodic review shall be made part of the individual's record, and shall be filed within 5 days of the review in the form of a written report with the court that last ordered the individual's treatment, and within those 5 days, the executive director or director of the hospital or treatment program with which private reimbursement arrangements have been made shall give notice of the results of the review and information on the individual's right to petition for discharge to the individual, the individual's attorney, the individual's guardian, and the individual's nearest relative or a person designated by the individual.
(2) An individual under a 1-year order of involuntary mental health treatment or a person designated by the individual may submit a complaint to the provider of services at any time regarding the quality and appropriateness of the treatment provided. A copy of each complaint and the provider's response to each complaint shall be submitted to the executive director or director of the private program and the court along with the written report required by subsection (1).
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1986, Act 117, Eff. Mar. 31, 1987 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 1996, Act 588, Imd. Eff. Jan. 21, 1997
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-PERIODIC-REVIEW - Periodic Review (330.1482...330.1486) › Section 330.1484 - Review of Status; Report; Objections; Hearing; Petition for Discharge.

330.1484 Review of status; report; objections; hearing; petition for discharge.
Sec. 484.
If the report required under section 483 concludes that the individual requires continuing involuntary mental health treatment and the individual or the executive director objects to the conclusions, the individual or the executive director has the right to a hearing and may petition the court for discharge of the individual from the treatment program. This petition shall be presented to the court within 7 days, excluding Sundays and holidays, after the report is received.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1986, Act 117, Eff. Mar. 31, 1987 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-PERIODIC-REVIEW - Periodic Review (330.1482...330.1486) › Section 330.1485 - Repealed. 1996, Act 588, Imd. Eff. Jan. 21, 1997.

330.1485 Repealed. 1996, Act 588, Imd. Eff. Jan. 21, 1997.
Compiler's Notes:
The repealed section pertained to annual hearing and petition for discharge.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-PERIODIC-REVIEW - Periodic Review (330.1482...330.1486) › Section 330.1485a - Individual No Longer Requiring Treatment; Individual Continuing to Require Treatment; Finding; Order.

330.1485a Individual no longer requiring treatment; individual continuing to require treatment; finding; order.
Sec. 485a.
(1) Upon a hearing under section 484, if the court finds that an individual under an order of involuntary mental health treatment is no longer a person requiring treatment, the court shall enter a finding to that effect and shall order that the individual be discharged.
(2) Upon a hearing under section 484, if the court finds that an individual under a 1-year order of involuntary mental health treatment continues to be a person requiring treatment, and after consideration of complaints submitted under section 483(2), the court shall do 1 of the following:
(a) Continue the order.
(b) Issue a new continuing order for involuntary mental health treatment under section 472a(3) or (4).
History:
Add. 1980, Act 138, Imd. Eff. May 29, 1980 ;-- Am. 1986, Act 117, Eff. Mar. 31, 1987 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 1996, Act 588, Imd. Eff. Jan. 21, 1997
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-PERIODIC-REVIEW - Periodic Review (330.1482...330.1486) › Section 330.1486 - Writ of Habeas Corpus.

330.1486 Writ of habeas corpus.
Sec. 486.
Nothing in this chapter shall prevent the filing or deprive any individual of the benefits of a writ of habeas corpus.
History:
1974, Act 258, Eff. Nov. 6, 1974
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-LEGAL-COMPETENCE - Legal Competence (330.1489...330.1497) › Section 330.1489 - Legal Competence; Presumption; Effect of Prior Commitment.

330.1489 Legal competence; presumption; effect of prior commitment.
Sec. 489.
(1) No determination that a person requires treatment, no order of court authorizing hospitalization or assisted outpatient treatment, nor any form of admission to a hospital gives rise to a presumption of, constitutes a finding of, or operates as an adjudication of legal incompetence.
(2) No order of commitment under any previous statute of this state, in the absence of a concomitant appointment of a guardian, constitutes a finding of or operates as an adjudication of legal incompetence.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 2018, Act 593, Eff. Mar. 28, 2019
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-LEGAL-COMPETENCE - Legal Competence (330.1489...330.1497) › Section 330.1490 - Persons Entitled to Copies of MCL 330.1489.

330.1490 Persons entitled to copies of MCL 330.1489.
Sec. 490.
Individuals receiving involuntary mental health treatment under this chapter shall receive a copy of section 489 upon the commencement of involuntary mental health treatment. An individual discharged from a hospital shall receive a copy of section 489 upon request.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-LEGAL-COMPETENCE - Legal Competence (330.1489...330.1497) › Section 330.1491-330.1497 - Repealed. 1995, Act 290, Eff. Mar. 28, 1996.

330.1491-330.1497 Repealed. 1995, Act 290, Eff. Mar. 28, 1996.
Compiler's Notes:
The repealed sections pertained to legal competency.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4A - Chapter 4a Civil Admission and Discharge Procedures for Emotionally Disturbed Minors (330.1498a...330.1498t) › Section 330.1498a - Hospitalization of Minors.

330.1498a Hospitalization of minors.
Sec. 498a.
A minor shall be hospitalized only pursuant to the provisions of this chapter.
History:
Add. 1984, Act 186, Imd. Eff. July 3, 1984 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4A - Chapter 4a Civil Admission and Discharge Procedures for Emotionally Disturbed Minors (330.1498a...330.1498t) › Section 330.1498b - Definitions; C to M.

330.1498b Definitions; C to M.
Sec. 498b.
As used in this chapter, unless the context requires otherwise:
(a) "Court" means the probate court or the court with responsibility with regard to mental health services for the county in which a minor who has requested hospitalization, for whom a request for hospitalization has been made, or who has been hospitalized pursuant to this chapter either resides or was found.
(b) "Minor requiring treatment" means either of the following:
(i) A minor with a substantial disorder of thought or mood that significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life.
(ii) A minor having a severe or persistent emotional condition characterized by seriously impaired personality development, individual adjustment, social adjustment, or emotional growth, which is demonstrated in behavior symptomatic of that impairment.
History:
Add. 1984, Act 186, Imd. Eff. July 3, 1984 ;-- Am. 1988, Act 155, Imd. Eff. June 14, 1988 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996