Act No. 99

Public Acts of 2019

Approved by the Governor

October 31, 2019

Filed with the Secretary of State

October 31, 2019

EFFECTIVE DATE: October 1, 2021

 

 

 

 

 

 

 

 

 

 

 

state of michigan

100th Legislature

Regular session of 2019

Introduced by Reps. Wozniak, LaGrand, Rendon, Filler, Guerra, Elder, Brann, Hauck and Love

ENROLLED HOUSE BILL No. 4134

AN ACT to amend 1974 PA 258, entitled An act to codify, revise, consolidate, and classify the laws relating to mental health; to prescribe the powers and duties of certain state and local agencies and officials and certain private agencies and individuals; to regulate certain agencies and facilities providing mental health or substance use disorder services; to provide for certain charges and fees; to establish civil admission procedures for individuals with mental illness, substance use disorder, or developmental disability; to establish guardianship procedures for individuals with developmental disability; to establish procedures regarding individuals with mental illness, substance use disorder, or developmental disability who are in the criminal justice system; to provide for penalties and remedies; and to repeal acts and parts of acts, by amending section 1060a (MCL 330.2060a), as added by 2012 PA 540.

The People of the State of Michigan enact:

Sec. 1060a. (1) Competency evaluation means a court-ordered examination of a juvenile directed to developing information relevant to a determination of his or her competency to proceed at a particular stage of a court proceeding involving a juvenile who is the subject of a delinquency petition.

(2) Competency hearing means a hearing to determine whether a juvenile is competent to proceed.

(3) Incompetent to proceed means that a juvenile, based on age-appropriate norms, lacks a reasonable degree of rational and factual understanding of the proceeding or is unable to do 1 or more of the following:

(a) Consult with and assist his or her attorney in preparing his or her defense in a meaningful manner.

(b) Sufficiently understand the charges against him or her.

(4) Juvenile means a person who is less than 18 years of age who is the subject of a delinquency petition.

Enacting section 1. This amendatory act takes effect October 1, 2021.

 

Clerk of the House of Representatives

Secretary of the Senate

Approved___________________________________________

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Governor