Section 330.2026 – Examination of Defendant.
330.2026 Examination of defendant. Sec. 1026. (1) Upon a showing that the defendant may be incompetent to stand trial, the court shall order the defendant to undergo an examination by personnel of either the center for forensic psychiatry or other facility officially certified by the department of mental health to perform examinations relating to the […]
Section 330.2028 – Consultations; Report; Admissibility of Evidence.
330.2028 Consultations; report; admissibility of evidence. Sec. 1028. (1) When the defendant is ordered to undergo an examination pursuant to section 1026, the center or other facility shall, for the purpose of gathering psychiatric and other information pertinent to the issue of the incompetence of the defendant to stand trial, examine the defendant and consult […]
Section 330.2030 – Hearing; Determination; Admissibility of Report; Order for Continued Administration of Medication.
330.2030 Hearing; determination; admissibility of report; order for continued administration of medication. Sec. 1030. (1) Upon receipt of the written report, 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 […]
Section 330.2031 – Filing of Petition by Prosecuting Attorney.
330.2031 Filing of petition by prosecuting attorney. Sec. 1031. If the defendant is determined incompetent to stand trial, and if the court determines that 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, the court may […]
Section 330.2005f – Transfer of Prisoner Between State Mental Health Facilities; Administrative Hearing; Emergency Transfer; Commingling With Other Recipients of Mental Health Services; Rights and Privileges.
330.2005f Transfer of prisoner between state mental health facilities; administrative hearing; emergency transfer; commingling with other recipients of mental health services; rights and privileges. Sec. 1005f. (1) A person may be transferred to the center for forensic psychiatry program under this chapter and may be transferred between state mental health facilities upon authorization by the […]
Section 330.2006 – Discharge; Conditions; Procedure; Aftercare Reintegration and Community-Based Mental Health Services.
330.2006 Discharge; conditions; procedure; aftercare reintegration and community-based mental health services. Sec. 1006. (1) A prisoner admitted to the corrections mental health program according to section 1003a or section 1003b shall be discharged from the program when 1 or both of the following occur: (a) The prisoner ceases to require mental health services. (b) The […]
Section 330.2006a – Report to Legislature.
330.2006a Report to legislature. Sec. 1006a. (1) Not later than April 1, 1995, the department of corrections and the department of mental health shall submit a report to the legislature, based on a joint evaluation, that includes, but is not limited to, all of the following with respect to the 18-month period preceding the report: […]
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 330.2003 – Corrections Mental Health Program; Establishment and Operation; Appointment and Qualifications of Program Director.
330.2003 Corrections mental health program; establishment and operation; appointment and qualifications of program director. Sec. 1003. The department of corrections shall establish and operate the corrections mental health program to provide mental health services for prisoners who are developmentally disabled or mentally ill and need those services. The director of the department shall review the […]