Section 330.2060b – Definitions; L to Q.
330.2060b Definitions; L to Q. Sec. 1060b. (1) “Least restrictive environment” means a supervised community placement, preferably a placement with the juvenile’s parent, guardian, relative, or a facility or conditions of treatment that is a residential or institutional placement only utilized as a last resort based on the best interest of the juvenile or for […]
Section 330.2060c – Definitions; R, S.
330.2060c Definitions; R, S. Sec. 1060c. (1) “Restoration” means the process by which education or treatment of a juvenile results in that juvenile becoming competent to proceed. (2) “Serious misdemeanor” means that term as defined in section 61 of the William Van Regenmorter crime victim’s rights act, 1985 PA 87, MCL 780.811. History: Add. 2012, […]
Section 330.2062 – Competency of Juvenile; Presumption; Order to Determine Competency During Proceeding.
330.2062 Competency of juvenile; presumption; order to determine competency during proceeding. Sec. 1062. (1) A juvenile 10 years of age or older is presumed competent to proceed unless the issue of competency is raised by a party. A juvenile less than 10 years of age is presumed incompetent to proceed. (2) The court may order […]
Section 330.2064 – Competency Evaluation; Conduct by Qualified Forensic Mental Health Examiner; Expert Witness; Additional Evaluations at Party’s Expense; Conduct in Least Restrictive Environment.
330.2064 Competency evaluation; conduct by qualified forensic mental health examiner; expert witness; additional evaluations at party’s expense; conduct in least restrictive environment. Sec. 1064. (1) A competency evaluation ordered under section 1062 shall be conducted by a qualified forensic mental health examiner. The qualified forensic mental health examiner shall provide the court with an opinion […]
Section 330.2066 – Providing Information Relating to Competency; Submission of Report and Comment to Court by Qualified Forensic Mental Health Examiner; Extension; Copies of Report to Be Provided to Certain Individuals.
330.2066 Providing information relating to competency; submission of report and comment to court by qualified forensic mental health examiner; extension; copies of report to be provided to certain individuals. Sec. 1066. (1) The court shall order the prosecuting attorney to provide to the juvenile’s attorney all information related to competency and shall order the prosecuting […]
Section 330.2068 – Competency Hearing.
330.2068 Competency hearing. Sec. 1068. (1) Not later than 30 days after a report is filed under section 1066, the court shall hold a hearing to determine if a juvenile is competent to proceed. At the hearing, the parties may introduce other evidence regarding the juvenile’s mental condition or may submit the matter by written […]
Section 330.2070 – Competency Evaluations; Self-Incrimination; Evidence or Statements Inadmissible in Proceeding Determining Responsibility; Sealing Reports; Order to Open Reports; Purposes; Confidentiality; Disclosure.
330.2070 Competency evaluations; self-incrimination; evidence or statements inadmissible in proceeding determining responsibility; sealing reports; order to open reports; purposes; confidentiality; disclosure. Sec. 1070. (1) The constitutional protections against self-incrimination apply to all competency evaluations. (2) Any evidence or statement obtained during a competency evaluation is not admissible in any proceeding to determine the juvenile’s responsibility. […]
Section 330.2072 – Training Program for Juvenile Forensic Mental Health Examiners.
330.2072 Training program for juvenile forensic mental health examiners. Sec. 1072. (1) Not later than 18 months after the effective date of the amendatory act that added this section, the department shall review and endorse a training program for juvenile forensic mental health examiners who provide juvenile competency exams. A psychiatrist or psychologist may, but […]
Section 330.2074 – Court Finding That Juvenile May Be Restored to Competency in Foreseeable Future; Restoration Order; Renewal; Report That Substantial Probability That Juvenile Will Remain Incompetent; Actions of Court; Order to Provide Treatment; Report From Entity Providing Services; Duties of Court.
330.2074 Court finding that juvenile may be restored to competency in foreseeable future; restoration order; renewal; report that substantial probability that juvenile will remain incompetent; actions of court; order to provide treatment; report from entity providing services; duties of court. Sec. 1074. (1) If the juvenile is incompetent to proceed, but the court finds that […]
Section 330.2100 – Saving Clause.
330.2100 Saving clause. Sec. 1100. The provisions of this act, except by their own terms, shall not affect or impair the validity of an act done, an order, judgment, or status established, a claim or right accrued, an offense committed, or a penalty incurred under a law in force prior to the date this act […]