HOUSE BILL No. 4047


     January 25, 2001, Introduced by Rep. Jamnick and referred to the Committee on Criminal Justice.


        A bill to amend 1974 PA 258, entitled

   "Mental health code,"

   by amending section 1026 (MCL 330.2026).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 1026.  (1) Upon a showing that the defendant may be

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      incompetent to stand trial, the court shall order the defendant

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      to undergo an examination by personnel of either the center for

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      forensic psychiatry or other facility officially certified by the

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      department of mental health to perform examinations relating to

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      the issue of incompetence to stand trial.  The defendant shall

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      make himself OR HERSELF available for the examination at the

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      places and times established by the center or other certified

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      facility.  If the defendant, after being notified, fails to make

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      himself OR HERSELF available for the examination, the court may




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      order  his commitment  THE DEFENDANT COMMITTED to the center or

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      other facility without a hearing.

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           (2)  When  EXCEPT AS PROVIDED IN SUBSECTION (3), WHEN the

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      defendant is to be held in a jail or similar place of detention

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      pending trial, the center or other facility may perform the exam-

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      ination in the jail or may notify the sheriff to transport the

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      defendant to the center or other facility for the examination,

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      and the sheriff shall return the defendant to the jail upon com-

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      pletion of the examination.

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           (3) IF A DEFENDANT IS HELD IN A JAIL PENDING A DETERMINATION

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      OF COMPETENCY ONLY, THE COURT SHALL, UPON THE EXPIRATION OF 60

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      DAYS OF CONFINEMENT, TRANSFER THE DEFENDANT TO THE CENTER OR TO

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      ANOTHER FACILITY, OTHER THAN A JAIL, WHERE HE OR SHE MAY BE HELD

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      PENDING EXAMINATION.

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           (4)  (3)  Except as provided in  subsection  SUBSECTIONS
   (1)

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      AND (3), when the defendant is not to be held in a jail or simi-

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      lar place of detention pending trial, the court shall commit him

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      OR HER to the center or other facility only when the commitment

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      is necessary for the performance of the examination.

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           (5)  (4)  The defendant shall be released by the center or

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      other facility upon completion of the examination.















   00953'01          Final page.                            DRM