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MI HB5483

Bill

Status

Introduced

9/29/2009

Primary Sponsor

Lesia Liss

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Origin

House of Representatives

95th Legislature

AI Summary

  • Amends the Probate Code of 1939 to add definitions and procedures for determining when juveniles are incompetent to proceed and establishing restoration processes.

  • Requires courts to dismiss misdemeanor charges (non-serious) against incompetent juveniles who may be restored to competency; permits dismissal or suspension for serious misdemeanors; suspends felony proceedings.

  • Authorizes courts to issue restoration orders valid for 180 days from the initial incompetency finding, requiring qualified restoration providers to submit progress reports every 90 days or sooner if competency is regained or restoration becomes unlikely.

  • Permits one-time renewal of restoration orders for an additional 90 days if substantial probability exists that the juvenile will regain competency within that period.

  • Requires courts to dismiss charges and determine custody (through civil commitment or release to parent/guardian) if the juvenile will likely remain incompetent for the foreseeable future.

Legislative Description

Juveniles; criminal procedure; restoration of juvenile to competency to proceed; clarify. Amends sec. 1, ch. XIIA of 1939 PA 288 (MCL 712A.1) & adds sec. 18s.

Juveniles, criminal procedure

Last Action

Referred To Second Reading

6/9/2010

Committee Referrals

Judiciary9/29/2009

Full Bill Text

No bill text available