Michigan Compiled Laws 258-1974-10-incompetence-to-stan Incompetence To Stand Trial (330.2020...330.2044)

• Section 330.2020 Defendant Presumed Competent To Stand Trial; Determination Of Incompetency; Effect Of Medication; Statement By Physician.
  (1) A defendant to a criminal charge shall be presumed competent to stand trial. He shall be determined incompetent to stand trial only if...
• Section 330.2022 Proceeding Against Incompetent Defendant Prohibited; Pretrial Motions; Preservation And Admissibility Of Evidence.
  (1) A defendant who is determined incompetent to stand trial shall not be proceeded against while he is incompetent. (2) Any pretrial motion may...
• Section 330.2024 Raising Issue Of Incompetence To Stand Trial.
  The issue of incompetence to stand trial may be raised by the defense, court, or prosecution. The time and form of the procedure for...
• Section 330.2026 Examination Of Defendant.
  (1) Upon a showing that the defendant may be incompetent to stand trial, the court shall order the defendant to undergo an examination by...
• Section 330.2028 Consultations; Report; Admissibility Of Evidence.
  (1) When the defendant is ordered to undergo an examination pursuant to section 1026, the center or other facility shall, for the purpose of...
• Section 330.2030 Hearing; Determination; Admissibility Of Report; Order For Continued Administration Of Medication.
  (1) Upon receipt of the written report, the court shall cause the defendant to appear in court and shall hold a hearing within 5...
• Section 330.2031 Filing Of Petition By Prosecuting Attorney.
  If the defendant is determined incompetent to stand trial, and if the court determines that there is not a substantial probability that, if provided...
• Section 330.2032 Ordering Treatment; Medical Supervisor; Commitment; Restriction Of Movements.
  (1) If the defendant is determined incompetent to stand trial, and if the court determines that there is a substantial probability that, if provided...
• Section 330.2034 Effective Duration Of Order; Notice Of Dismissed Charge Or Voided Orders; Filing Petition Prior To Discharge Or Release.
  (1) No order or combination of orders issued under section 1032 or 1040, or both, shall have force and effect for a total period...
• Section 330.2036 Right To Liberty Pending Trial.
  The right of the defendant to be at liberty pending trial, on bail or otherwise, shall not be impaired because the issue of incompetence...
• Section 330.2038 Reports; Admissibility.
  (1) The medical supervisor of treatment shall transmit a written report to the court, prosecuting attorney, defense counsel, and the center for forensic psychiatry:...
• Section 330.2040 Redetermining Issue Of Incompetence To Stand Trial; Hearing; Commencement Of Trial; Modification Or Continuance Of Orders.
  (1) The court shall forthwith hear and redetermine the issue of the incompetence of the defendant to stand trial and, if the defendant is...
• Section 330.2042 Crediting Time Spent In Custody.
  Time spent in custody because of orders issued pursuant to sections 1026, 1032, and 1040 shall be credited against any sentence imposed on the...
• Section 330.2044 Dismissal Of Charge; Filing Same Or Other Charges; Examination Of Defendant As Outpatient.
  (1) The charges against a defendant determined incompetent to stand trial shall be dismissed: (a) When the prosecutor notifies the court of his intention...

Last modified: October 10, 2016