Bill Text: MI HB5489 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Juveniles; criminal procedure; juvenile competency evaluation and report; clarify. Amends 1939 PA 288 (MCL 710.21 - 712A.32) by adding sec. 18p to ch. XIIA. TIE BAR WITH: HB 5484'09, HB 5485'09, HB 5486'09, HB 5487'09, HB 5488'09
Spectrum: Slight Partisan Bill (Democrat 6-2)
Status: (Introduced - Dead) 2010-06-09 - Referred To Second Reading [HB5489 Detail]
Download: Michigan-2009-HB5489-Introduced.html
HOUSE BILL No. 5489
September 29, 2009, Introduced by Reps. Haase, Segal, Lipton, Bauer, Byrnes, Crawford, Liss and Kowall and referred to the Committee on Judiciary.
A bill to amend 1939 PA 288, entitled
"Probate code of 1939,"
(MCL 710.21 to 712A.32) by adding section 18p to chapter XIIA.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER XIIA
Sec. 18p. (1) The court shall order the prosecuting attorney
to provide to the juvenile's attorney all information related to
competency and shall order the prosecuting attorney and juvenile's
attorney to submit to the qualified examiner any information
considered relevant to the competency evaluation, including, but
not limited to:
(a) The names and addresses of all attorneys involved.
(b) Information about the alleged offense.
(c) Any information about the juvenile's background in the
prosecuting attorney's possession.
(2) The court shall require the juvenile's attorney to provide
any available records of the juvenile or other information relevant
to the evaluation, including, but not limited to, any of the
following:
(a) Psychiatric records.
(b) School records.
(c) Medical records.
(d) Child protective services records.
(3) All information required under subsections (1) and (2)
must be provided to the qualified examiner within 10 days after the
court issues the order for the competency evaluation. If possible,
the information required under this section shall be received
before the juvenile's competency evaluation or the commencement of
the competency evaluation in an outpatient setting.
(4) A qualified examiner who conducts a competency evaluation
shall submit a written report to the court not later than 30 days
from receipt of the court order requiring the competency
evaluation. The report shall contain, but not be limited to, the
following:
(a) A description of the nature, content, and extent of the
examination, including, but not limited to, all of the following:
(i) A description of assessment procedures, techniques, and
tests used.
(ii) Available medical, educational, and court records
reviewed.
(iii) Social, clinical, developmental, and legal history as
available.
(b) A clinical assessment that includes, but is not limited
to, the following:
(i) A mental status examination.
(ii) The diagnosis and functional impact of mental illness,
developmental disability, or cognitive deficiency. If the juvenile
is taking medication, the impact of the medication on the
juvenile's mental state and behavior.
(iii) An assessment of the juvenile's intelligence.
(iv) The juvenile's age, maturity level, developmental stage,
and decision-making abilities.
(v) Whether the juvenile has any other factor that affects
competence.
(c) A description of abilities and deficits in the following
mental competency functions related to the juvenile's competence to
proceed:
(i) The ability to factually as well as rationally understand
and appreciate the nature and object of the proceedings, including,
but not limited to, all of the following:
(A) An ability to understand the role of the participants in
the court process, including, the roles of judge, the juvenile's
attorney, the prosecuting attorney, the probation officer,
witnesses, and the jury, and to understand the adversarial nature
of the process.
(B) An ability to appreciate the charges and understand the
seriousness of the charges.
(C) An ability to understand and realistically appraise the
likely outcomes.
(D) An ability to extend thinking into the future.
(ii) The ability to render meaningful assistance to the
juvenile's attorney in the preparation of the case, including, but
not limited to, all of the following:
(A) An ability to disclose to an attorney a reasonably
coherent description of facts and events pertaining to the charge,
as perceived by the juvenile.
(B) An ability to consider the impact of his or her action on
others.
(C) Verbal articulation abilities or the ability to express
himself or herself in a reasonable and coherent manner.
(D) Logical decision-making abilities, particularly
multifactored problem-solving or the ability to take several
factors into consideration in making a decision.
(E) An ability to reason about available options by weighing
the consequences, including weighing pleas, waivers, and
strategies.
(F) An ability to display appropriate courtroom behavior.
(5) The qualified examiner shall provide the court with an
opinion about the juvenile's competency to proceed. If the
qualified examiner determines that the juvenile is incompetent to
proceed, the examiner will comment on the nature of mental disease
or defect, the prognosis, and the services needed to restore the
juvenile to competency, if possible, within a projected time frame.
The opinion shall include an assessment of whether the juvenile is
a threat to self or others and requires emergency intervention.
(6) The court in its discretion may, for good cause, grant the
qualified examiner a 30-day extension in filing the competency
evaluation report.
(7) Copies of the written report shall be provided by the court
to the juvenile's attorney, the prosecuting attorney, and any
guardian ad litem for the juvenile not later than 5 working days
after receipt of the report by the court.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 95th Legislature are
enacted into law:
(a) Senate Bill No. ____ or House Bill No. 5485(request no.
04134'09).
(b) Senate Bill No. ____ or House Bill No. 5487(request no.
04135'09).
(c) Senate Bill No. ____ or House Bill No. 5488(request no.
04136'09).
(d) Senate Bill No. ____ or House Bill No. 5486(request no.
04138'09).
(e) Senate Bill No. ____ or House Bill No. 5484(request no.
04139'09).
