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MI HB5175
Bill
Status
7/14/2009
Primary Sponsor
Kate Segal
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AI Summary
House Bill 5175 Summary
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Establishes competency evaluation procedures for juveniles aged 10 and older charged with delinquency, with presumption of competence unless challenged; juveniles under 10 are presumed incompetent.
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Requires court-ordered competency evaluations conducted by qualified mental health examiners with specialized training in child/adolescent development, forensic procedures, and competency standards.
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Mandates competency evaluations occur in the least restrictive environment, with preference for the juvenile remaining in parental custody unless removal is necessary for safety or best interests.
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Requires qualified examiners to submit detailed written reports within 30 days assessing the juvenile's rational and factual understanding of proceedings, ability to assist counsel, and mental/developmental condition.
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Protects juveniles through constitutional self-incrimination rights and prohibits statements made during competency evaluations from being used in guilt/innocence proceedings unless the juvenile introduces evidence of criminal responsibility.
Legislative Description
Juveniles; criminal procedure; juvenile competency and culpability; clarify. Amends 1974 PA 258 (MCL 330.1001 - 330.2106) by adding secs. 1060, 1060a, 1060b, 1062, 1064, 1066, 1068 & 1070.
Criminal procedure, mental capacity
Last Action
Referred To Second Reading
6/9/2010