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
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 of corrections shall use all available resources,
including, but not limited to, working with the department 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.