Bill Text: MI HB5483 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Juveniles; criminal procedure; restoration of juvenile to competency to proceed; clarify. Amends sec. 1, ch. XIIA of 1939 PA 288 (MCL 712A.1) & adds sec. 18s.
Spectrum: Slight Partisan Bill (Democrat 7-3)
Status: (Introduced - Dead) 2010-06-09 - Referred To Second Reading [HB5483 Detail]
Download: Michigan-2009-HB5483-Introduced.html
HOUSE BILL No. 5483
September 29, 2009, Introduced by Reps. Kowall, Schuitmaker, Liss, Bauer, Segal, Lipton, Byrnes, Haase, Crawford and Meadows and referred to the Committee on Judiciary.
A bill to amend 1939 PA 288, entitled
"Probate code of 1939,"
by amending section 1 of chapter XIIA (MCL 712A.1), as amended by
2001 PA 211, and by adding section 18s.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER XIIA
Sec. 1. (1) As used in this chapter:
(a) "Civil infraction" means that term as defined in section
113 of the revised judicature act of 1961, 1961 PA 236, MCL
600.113.
(b) "County juvenile agency" means that term as defined in
section 2 of the county juvenile agency act, 1998 PA 518, MCL
45.622.
(c) "Court" means the family division of circuit court.
(d) "Foreign protection order" means that term as defined in
section 2950h of the revised judicature act of 1961, 1961 PA 236,
MCL 600.2950h.
(e) "MCI" means the Michigan children's institute created and
established by 1935 PA 220, MCL 400.201 to 400.214.
(f) "Personal protection order" means a personal protection
order issued under section 2950 or 2950a of the revised judicature
act of 1961, 1961 PA 236, MCL 600.2950 and 600.2950a, and includes
a valid foreign protection order.
(g) "Qualified restoration provider" means a mental health
professional as defined in section 100b of the mental health code,
1978 PA 258, MCL 330.1100b, 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:
(i) The education or treatment of children and adolescents with
serious emotional disturbance, mental illness, or developmental
disabilities.
(ii) Clinical understanding of child development and adolescent
development.
(iii) Forensic evaluation procedures for juveniles through
formal instruction, professional supervision, or both.
(iv) Familiarity with competency standards and restoration
procedures in this state.
(h) "Restoration" means the process by which education or
treatment of a juvenile results in that juvenile becoming competent
to proceed.
(i) (g)
"Valid foreign protection order"
means a foreign
protection order that satisfies the conditions for validity
provided in section 2950i of the revised judicature act of 1961,
1961 PA 236, MCL 600.2950i.
(2) Except as otherwise provided, proceedings under this
chapter are not criminal proceedings.
(3) This chapter shall be liberally construed so that each
juvenile coming within the court's jurisdiction receives the care,
guidance, and control, preferably in his or her own home, conducive
to the juvenile's welfare and the best interest of the state. If a
juvenile is removed from the control of his or her parents, the
juvenile shall be placed in care as nearly as possible equivalent
to the care that should have been given to the juvenile by his or
her parents.
Sec. 18s. (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 follow 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 18p of this
chapter. 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 civil commitment proceedings be
initiated, as allowed under section 498d of the mental health code,
1974 PA 258, MCL 330.1498d.
(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.
