Bill Text: MI HB5482 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Mental health; forensic; restoration of juvenile to competency to proceed; clarify. Amends 1974 PA 258 (MCL 330.1001 - 330.2106) by adding secs. 1060c & 1072.
Spectrum: Slight Partisan Bill (Democrat 6-3)
Status: (Introduced - Dead) 2010-06-09 - Referred To Second Reading [HB5482 Detail]
Download: Michigan-2009-HB5482-Introduced.html
HOUSE BILL No. 5482
September 29, 2009, Introduced by Reps. Liss, Schuitmaker, Kowall, Lipton, Haase, Byrnes, Bauer, Segal and Crawford and referred to the Committee on Judiciary.
A bill to amend 1974 PA 258, entitled
"Mental health code,"
(MCL 330.1001 to 330.2106) by adding sections 1060c and 1072.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1060c. (1) "Qualified restoration provider" means a
mental health professional who the court determines 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.
The skills necessary to conduct restoration shall include, but are
not limited to, knowledge, skill, training, and experience in all
of the following:
(a) The education or treatment of children and adolescents
with serious emotional disturbance, mental illness, or
developmental disabilities.
(b) Clinical understanding of child development and adolescent
development.
(c) Forensic evaluation procedures for juveniles through
formal instruction, professional supervision, or both.
(d) Familiarity with competency standards and restoration
procedures in this state.
(2) "Restoration" means the process by which education or
treatment of a juvenile results in that juvenile becoming competent
to proceed.
Sec. 1072. (1) If the juvenile is incompetent to proceed, but
the court finds that the juvenile may be restored to competency in
the foreseeable future, then 1 of the following applies:
(a) If the offense is a misdemeanor other than a serious
misdemeanor or a juvenile traffic offense, the matter shall be
dismissed.
(b) If the offense is a serious misdemeanor, the court may
dismiss the matter or suspend the proceedings against the juvenile.
(c) If the offense is a felony, the proceedings against the
juvenile shall be further suspended.
(2) If proceedings are suspended because the juvenile is
incompetent to proceed but the court finds that the juvenile may be
restored to competency in the foreseeable future, then 1 of the
following applies:
(a) The court may issue a restoration order that is valid for
180 days from the date of the initial finding of incompetency or
until 1 of the following occurs, whichever occurs first:
(i) The restoration program submits a report that the juvenile
has regained competency or that there is no substantial probability
that the juvenile will regain competency within the period of the
order.
(ii) The charges are dismissed.
(iii) The juvenile reaches 18 years of age.
(b) Before issuing a restoration order, the court shall hold a
hearing to determine the least restrictive alternative setting for
completion of the restoration.
(c) Following issuance of the restoration order, the qualified
restoration provider shall submit a report to the court that
includes the information required under section 1066. The report
shall be submitted to the court every 90 days, or sooner if and at
the time either of the following occurs:
(i) The qualified restoration provider determines that the
juvenile is no longer incompetent to proceed.
(ii) The qualified restoration provider determines that there
is no substantial probability that the juvenile will not be
incompetent to proceed within the period of the order.
(3) Not later than 20 days before the expiration of the
initial 180-day order, the qualified restoration provider may
recommend to the court that the restoration order be renewed by the
court for another 90 days, if there is a substantial probability
that the juvenile will not be incompetent to proceed within the
period of that renewed restoration order. The court may renew the
restoration order for not more than an additional 90 days.
(4) Upon receipt of a report 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 do both of the following:
(a) Dismiss the charges against the juvenile.
(b) Determine custody of the juvenile as follows:
(i) The court may direct that civil commitment proceedings be
initiated, as allowed under section 498d.
(ii) If the court determines that commitment proceedings are
inappropriate, the juvenile shall be released to the juvenile's
parent, legal guardian, or legal custodian under conditions
considered appropriate to the court.
