Section 330.2032 – Ordering Treatment; Medical Supervisor; Commitment; Restriction of Movements.
330.2032 Ordering treatment; medical supervisor; commitment; restriction of movements. Sec. 1032. (1) If the defendant is determined incompetent to stand trial, and if the court determines that there is 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, the […]
Section 330.2034 – Effective Duration of Order; Notice of Dismissed Charge or Voided Orders; Filing Petition Prior to Discharge or Release.
330.2034 Effective duration of order; notice of dismissed charge or voided orders; filing petition prior to discharge or release. Sec. 1034. (1) No order or combination of orders issued under section 1032 or 1040, or both, shall have force and effect for a total period in excess of 15 months or 1/3 of the maximum […]
Section 330.2036 – Right to Liberty Pending Trial.
330.2036 Right to liberty pending trial. Sec. 1036. 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 […]
Section 330.2038 – Reports; Admissibility.
330.2038 Reports; admissibility. Sec. 1038. (1) The medical supervisor of treatment shall transmit a written report to the court, prosecuting attorney, defense counsel, and the center for forensic psychiatry: (a) At least once every 90 days from the date of an order issued pursuant to section 1032. (b) Whenever he is of the opinion that […]
Section 330.2040 – Redetermining Issue of Incompetence to Stand Trial; Hearing; Commencement of Trial; Modification or Continuance of Orders.
330.2040 Redetermining issue of incompetence to stand trial; hearing; commencement of trial; modification or continuance of orders. Sec. 1040. (1) The court shall forthwith hear and redetermine the issue of the incompetence of the defendant to stand trial and, if the defendant is redetermined incompetent to stand trial, shall hear and determine whether the defendant […]
Section 330.2042 – Crediting Time Spent in Custody.
330.2042 Crediting time spent in custody. Sec. 1042. Time spent in custody because of orders issued pursuant to sections 1026, 1032, and 1040 shall be credited against any sentence imposed on the defendant in the pending criminal case or in any other case arising from the same transaction. History: 1974, Act 258, Eff. Aug. 6, […]
Section 330.2044 – Dismissal of Charge; Filing Same or Other Charges; Examination of Defendant as Outpatient.
330.2044 Dismissal of charge; filing same or other charges; examination of defendant as outpatient. Sec. 1044. (1) The charges against a defendant determined incompetent to stand trial shall be dismissed: (a) When the prosecutor notifies the court of his intention not to prosecute the case; or (b) Fifteen months after the date on which the […]
Section 330.2020 – Defendant Presumed Competent to Stand Trial; Determination of Incompetency; Effect of Medication; Statement by Physician.
330.2020 Defendant presumed competent to stand trial; determination of incompetency; effect of medication; statement by physician. Sec. 1020. (1) A defendant to a criminal charge shall be presumed competent to stand trial. He shall be determined incompetent to stand trial only if he is incapable because of his mental condition of understanding the nature and […]
Section 330.2022 – Proceeding Against Incompetent Defendant Prohibited; Pretrial Motions; Preservation and Admissibility of Evidence.
330.2022 Proceeding against incompetent defendant prohibited; pretrial motions; preservation and admissibility of evidence. Sec. 1022. (1) A defendant who is determined incompetent to stand trial shall not be proceeded against while he is incompetent. (2) Any pretrial motion may be made by either the defense or prosecution while a defendant is incompetent to stand trial, […]
Section 330.2024 – Raising Issue of Incompetence to Stand Trial.
330.2024 Raising issue of incompetence to stand trial. Sec. 1024. The issue of incompetence to stand trial may be raised by the defense, court, or prosecution. The time and form of the procedure for raising the issue shall be provided by court rule. History: 1974, Act 258, Eff. Aug. 6, 1975