Bill Text: MI HB4749 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Criminal procedure: mental capacity; community mental health oversight of competency exams for defendants charged with misdemeanors; provide for. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding sec. 20b to ch. VIII.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced) 2023-06-15 - Bill Electronically Reproduced 06/14/2023 [HB4749 Detail]
Download: Michigan-2023-HB4749-Introduced.html
HOUSE BILL NO. 4749
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
(MCL 760.1 to 777.69) by adding section 20b to chapter VIII.
the people of the state of michigan enact:
Sec. 20b. (1) At the time a misdemeanor is charged, or at any later time before trial, the prosecuting attorney or defense counsel may bring a motion to refer the defendant to the community mental health services program. The court shall grant a motion for referral to the community mental health services program made under this subsection.
(2) The community mental health services program shall evaluate the defendant's needs and, if appropriate, either enter or connect the defendant to the appropriate mental health programming to ensure that the defendant receives necessary mental health treatment in the community. In addition to the motion under subsection (1), the prosecuting attorney or defense counsel may file a petition for a clinical evaluation to determine whether the defendant is a person requiring treatment.
(3) If the appropriate authorization for the release of information is provided, the community mental health services program shall provide the findings of the evaluation to the prosecuting attorney and defense counsel.
(4) If a defendant is deemed incompetent to stand trial on a misdemeanor punishable by 1 year in jail or less, the defendant must be referred to the local community mental health services program for further review and treatment. The prosecuting attorney may file a petition with the probate court of the defendant's county of residence or of the county in which the criminal trial would be held to determine if the defendant is a person requiring treatment using the community mental health services program finding of incompetency as part of the required proofs. If a defendant is determined incompetent under this subsection, the criminal case must be dismissed.
(5) If, after a petition by the prosecuting attorney under subsection (4), the defendant is determined by the probate court or community mental health services program to not be a person requiring treatment, the community mental health services program shall enter or connect the defendant to the appropriate mental health programming to ensure the defendant receives treatment as deemed appropriate by the community mental health services program.
(6) As used in this section, "person requiring treatment" means that term as defined in section 401 of the mental health code, 1974 PA 258, MCL 330.1401.
