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MI HB5482
Bill
Status
9/29/2009
Primary Sponsor
Lesia Liss
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AI Summary
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Defines "qualified restoration provider" as a mental health professional with expertise in juvenile education/treatment, child development, forensic evaluation, and competency standards.
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Requires courts to hold hearings to determine the least restrictive setting for restoration and to avoid conflicts of interest when selecting providers for evaluation and restoration services.
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Establishes 180-day restoration orders for incompetent juveniles who may regain competency, with mandatory progress reports every 90 days and option to renew for additional 90 days.
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Mandates case dismissal for non-serious misdemeanors if competency restoration is possible, allows court discretion to dismiss or suspend proceedings for serious misdemeanors, and requires suspension of felony proceedings.
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Requires courts to dismiss charges and determine custody (through civil commitment proceedings or release to parents/guardians) if restoration provider determines juvenile will remain incompetent for the foreseeable future.
Legislative Description
Mental health; forensic; restoration of juvenile to competency to proceed; clarify. Amends 1974 PA 258 (MCL 330.1001 - 330.2106) by adding secs. 1060c & 1072.
Criminal procedure, mental capacity
Last Action
Referred To Second Reading
6/9/2010