Key Information

Relevant Statutes and Rules

Mich. Comp. Laws Ann. 330.2020(1) et seq.

Mich. Court R. 6.125

What proceedings can occur while the defendant is incompetent

"Any pretrial motion may be made by either the defense or prosecution while a defendant is incompetent to stand trial, and the issues presented by the motion shall be heard and decided if the presence of the defendant is not essential for a fair hearing and decision on the motion."

Mich. Comp. Laws Ann. § 330.2022(2) (West)

Number of examiners required

1

Mich. Court R. 6.125(C)(1)

Qualifications of examiners

Certified or licensed examiner of the center for forensic psychiatry or other facility officially certified by the department of mental health to perform examinations relating to the issue of competence to stand trial

Mich. Court R. 6.125(C)(1)

What must the evaluation report contain

"The report shall contain:
(a) The clinical findings of the center or other facility.
(b) The facts, in reasonable detail, upon which the findings are based, and upon request of the court, defense, or prosecution additional facts germane to the findings.
(c) The opinion of the center or other facility on the issue of the incompetence of the defendant to stand trial.
(d) If the opinion is that the defendant is incompetent to stand trial, the opinion of the center or other facility on the likelihood of the defendant attaining competence to stand trial, if provided a course of treatment, within the time limit established by section 1034."

Mich. Comp. Laws Ann. § 330.2028(2) (West)

Are low-level offenses excluded from restoration

None stated.

Is there a pathway for diversion following a finding of incompetence to stand trial

None stated.

What are the locations for restoration services

Inpatient only if commitment is necessary for the effective administration of the course of treatment.

Mich. Comp. Laws Ann. § 330.2032(3) (West)

What is the test for restorability

"There is not a substantial probability that, if provided a course of treatment, he will attain competence to stand trial within the time limit established by section 1034."

Mich. Comp. Laws Ann. § 330.2031 (West)

What is the procedure after restoration

Upon receipt of a written report from supervisor of treatment re: defendant's competence, "the court shall cause the defendant to appear in court and shall hold a hearing within 5 days or upon the conclusion of the case, proceeding, or other matter then before it, whichever is sooner, unless the defense or prosecution for good cause requests a delay for a reasonable time."

Mich. Comp. Laws Ann. § 330.2030(1) (West)

"If the defendant is not redetermined incompetent to stand trial at a hearing held pursuant to this section, trial shall commence as soon as practicable."

Mich. Comp. Laws Ann. § 330.2040 (West)

What is the procedure if there is a finding of unrestorability

"The court may direct a prosecuting attorney to file a petition asserting that the defendant is a person requiring treatment as defined by section 4012 or meets the criteria for judicial admission as defined by section 5153 with the probate court of the defendant's county of residence."

Mich. Comp. Laws Ann. § 330.2031 (West)

What are the time limits on initial transfer to restoration services

None stated.

What are the time limits for treatment

N/A

What is the process if time limit is reached without restoration

"The charges against a defendant determined incompetent to stand trial shall be dismissed:
. . .
(b) Fifteen months after the date on which the defendant was originally determined incompetent to stand trial."

Mich. Comp. Laws Ann. § 330.2044 (West)

"If the defendant is to be discharged or released because of the expiration of a [restoration order], the supervisor of treatment prior to the discharge or release may file a petition asserting that the defendant is a person requiring treatment as defined by section 4012 or meets the criteria for judicial admission as defined by section 5153 with the probate court of the defendant's county of residence."

Mich. Comp. Laws Ann. § 330.2034(3) (West)

If crime was punishable by a life sentence, the prosecutor may at any time petition the court for permission to again file charges. In other cases, the prosecutor may, within that period of time after the charges were dismissed equal to one-third of the maximum sentence that the defendant could receive on the charges, petition the court for permission to again file charges.

Mich. Comp. Laws Ann. § 330.2044 (West)

Are there prohibitions on revoking pretrial release or competency as a pre-trial release factor

"The right of the defendant to be at liberty pending trial, on bail or otherwise, shall not be impaired because the issue of incompetence to stand trial has been raised, because the defendant has been determined incompetent to stand trial, or because the defendant has been ordered to undergo treatment to render him competent to stand trial, except to the extent authorized by section 10261 for the purpose of an examination or by section 10322 for the purpose of administering a course of treatment."

Mich. Comp. Laws Ann. § 330.2036 (West)

Time limits on treatment

15 months or one-third of the maximum sentence the defendant could receive if convicted of the charges against him, whichever is lesser

Mich. Comp. Laws Ann. § 330.2034(1) (West)