SB-0094, As Passed Senate, April 24, 2019

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 94

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1974 PA 258, entitled

 

"Mental health code,"

 

by amending section 1060a (MCL 330.2060a), as added by 2012 PA 540.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1060a. (1) "Competency evaluation" means a court-ordered

 

examination of a juvenile directed to developing information

 

relevant to a determination of his or her competency to proceed at

 

a particular stage of a court proceeding involving a juvenile who

 

is the subject of a delinquency petition.

 

     (2) "Competency hearing" means a hearing to determine whether

 

a juvenile is competent to proceed.

 

     (3) "Incompetent to proceed" means that a juvenile, based on

 

age-appropriate norms, lacks a reasonable degree of rational and

 

factual understanding of the proceeding or is unable to do 1 or

more of the following:

 

     (a) Consult with and assist his or her attorney in preparing

 

his or her defense in a meaningful manner.

 

     (b) Sufficiently understand the charges against him or her.

 

     (4) "Juvenile" means a person who is less than 17 18 years of

 

age who is the subject of a delinquency petition.

 

     Enacting section 1. This amendatory act takes effect October

 

1, 2021.