HB-5244, As Passed House, February 28, 2018

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 5244

 

 

November 9, 2017, Introduced by Reps. Kesto, Rendon and Whiteford and referred to the Committee on Law and Justice.

 

     A bill to amend 1974 PA 258, entitled

 

"Mental health code,"

 

by amending section 1028 (MCL 330.2028).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1028. (1) When the defendant is ordered to undergo an

 

examination pursuant to under 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 with

 

defense counsel, and may consult with the prosecutor or other

 

persons. Defense counsel shall make himself or herself available

 

for consultation with the center or other facility. The examination

 

shall be performed, defense counsel consulted, and a written report

 

submitted to the court, prosecuting attorney, and defense counsel

 

House Bill No. 5244 as amended February 27, 2018

within 60 days of the date of the order.

 

     (2) The director of the center or other certified facility may

 

apply with the court for an extension, but not to exceed 15 days,

 

upon a showing of good cause that the additional time is necessary

 

to complete the report. Only 1 extension may be granted. To meet

 

the time limitations in this subsection and section 1026(2), the

 

department [              ] shall use all available resources,

 

including, but not limited to, working [                   ] to

 

officially certify facilities across the state to perform

 

examinations relating to the issue of incompetence to stand trial

 

and to use clinicians in those other certified facilities to

 

perform examinations. If the examination is not completed within

 

the time limitations set forth in this subsection, the court may

 

issue an order that includes immediate steps to complete the

 

examination as soon as possible, including, but not limited to,

 

ordering another certified facility to conduct the examination.

 

     (3) (2) The report shall contain the following:

 

     (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.

 

     (4) (3) The opinion concerning competency to stand trial

 

derived from the examination may not be admitted as evidence for

 

any purpose in the pending criminal proceedings, except on the

 

issues to be determined in the hearings required or permitted by

 

sections 1030 and 1040. The foregoing bar of testimony shall does

 

not be construed to prohibit the examining qualified clinician from

 

presenting at other stages in the criminal proceedings opinions

 

concerning criminal responsibility, disposition, or other issues if

 

they were originally requested by the court and are available.

 

Information gathered in the course of a prior examination that is

 

of historical value to the examining qualified clinician may be

 

utilized in the formulation of an opinion in any subsequent court

 

ordered evaluation.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 5246 (request no.

 

04648'17) of the 99th Legislature is enacted into law.