HOUSE BILL NO. 4596

A bill to amend 1974 PA 258, entitled

"Mental health code,"

by amending sections 1034 and 1044 (MCL 330.2034 and 330.2044).

the people of the state of michigan enact:

Sec. 1034. (1) No Except as otherwise provided under section 1044, an order or combination of orders issued under section 1032 or 1040, or both, shall must only have force and effect for a total period in excess of that is the lesser of 15 months after the date on which the defendant was admitted for treatment to render the defendant competent to stand trial at a state facility or 1/3 of the maximum sentence the defendant could receive if convicted of the charges. against him, whichever is lesser; nor The order must not have force and effect after the charges against the defendant are dismissed.

(2) The court shall provide for notification of notify the defense counsel, the prosecution, and the medical supervisor of treatment whenever of either of the following:

(a) When the charges against the defendant are dismissed. and whenever

(b) When an order whose is voided by the court before the order's stated time period has not elapsed. is voided by the court.

(3) If the defendant is to be discharged or released because of the expiration of an order or orders under section 1032 or 1040, the supervisor of treatment prior to the discharge or release may file a petition asserting that the defendant is a person requiring treatment as defined by in section 401 or meets the criteria for judicial admission as defined by under section 515 with the probate court of the defendant's county of residence.

Sec. 1044. (1) The charges against a defendant who is determined incompetent to stand trial shall must be dismissed for either of the following:

(a) When If the prosecutor notifies the court of his the prosecutor's intention not to prosecute the case. ; or

(b) Fifteen The later of the following dates, 15 months after the date on which the defendant was originally determined incompetent to stand trial or 15 months after the date on which the defendant was admitted for treatment to render the defendant competent to stand trial at a state facility.

(2) When Except as otherwise provided in this section, if charges are dismissed pursuant to under subsection (1), the same charges, or other charges arising from the transaction which gave rise to the dismissed charges, shall must not subsequently be filed against the defendant. , except as provided in this section.

(3) If the charges were dismissed pursuant to under subsection (1)(b) and if the crime charged was punishable by a sentence of life imprisonment, felony, the prosecutor may at any time petition the court for permission to again file charges. In the case of other misdemeanor charges dismissed pursuant to under subsection (1)(b), the prosecutor may, within that period of time after the charges were dismissed equal to 1/3 of the maximum sentence that the defendant could receive on the charges, petition the court for permission to again file charges.

(4) The court shall grant permission to again file charges under subsection (3) if after a hearing it determines that the defendant is competent to stand trial. Prior to the hearing, the court may order the defendant to be examined by personnel of the center for forensic psychiatry or other qualified person as an outpatient, but may not commit the defendant to the center or any other facility for the examination.

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.