Bill Text: MI HB5246 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Mental health; facilities; examination to evaluate issue of incompetence to stand trial; modify process and expand certain resources. Amends sec. 1026 of 1974 PA 258 (MCL 330.2026). TIE BAR WITH: HB 5244'17
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2018-03-01 - Referred To Committee On Judiciary [HB5246 Detail]
Download: Michigan-2017-HB5246-Engrossed.html
HB-5246, As Passed House, February 28, 2018
HOUSE BILL No. 5246
November 9, 2017, Introduced by Reps. Kesto, Rendon and Whiteford and referred to the Committee on Law and Justice.
A bill to amend 1974 PA 258, entitled
"Mental health code,"
by amending section 1026 (MCL 330.2026).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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 or herself 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 or herself
available for the examination, the court may order his or her
House Bill No. 5246 as amended February 27, 2018
commitment to the center or other facility without a hearing.
(2) The times set for the examinations established by the
center or other certified facility must be for a reasonable period
not to exceed 45 days. The director of the center or other
certified facility may apply with the court for an extension, but
not to exceed 15 days, upon a showing of good cause that the
additional time is necessary to observe and evaluate the defendant.
This subsection does not limit, extend, or in any way change the
time limitation in section 1028(2) for a written report to be
submitted to the court. To meet the time limitations in this
subsection and section 1028(2), the department [ ] shall
use all available resources, including, but not limited to, working
[ ] to officially certify other facilities across
the state to perform examinations relating to the issue of
incompetence to stand trial and to use clinicians in those other
certified facilities to perform examinations. If the examination is
not completed within the time limitations set forth in this
subsection, the court may issue an order that includes immediate
steps to complete the examination as soon as possible, including,
but not limited to, ordering another certified facility to conduct
the examination.
(3) (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. The examination, whether
completed in a jail or at the center or other facility, is subject
to the time limitations set forth in subsection (2) for
examinations.
(4) (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 or her to the center or
other facility only when the commitment is necessary for the
performance of the examination.
(5) (4)
The defendant shall be released by
the center or other
facility upon completion of the examination.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 5244 (request no.
04649'17) of the 99th Legislature is enacted into law.
