Loading chat...
MI HB5485
Bill
Status
9/29/2009
Primary Sponsor
Lesia Liss
Click for details
AI Summary
-
Amends the Probate Code to add definitions for juvenile competency proceedings, including "competency evaluation," "competency hearing," and "incompetent to proceed."
-
Defines "incompetent to proceed" as a juvenile lacking rational and factual understanding of the proceeding, unable to understand its nature or object, and unable to assist in their defense in a meaningful way, with determinations made according to adolescent norms.
-
Establishes criteria for "qualified examiner" conducting competency evaluations, requiring mental health professionals with knowledge and experience in evaluating children and adolescents, understanding of child and adolescent development, forensic evaluation procedures for juveniles, and familiarity with state competency standards.
-
Defines "least restrictive environment" as preferably supervised community placement with family or relatives, with residential or institutional placement used only as a last resort based on the juvenile's best interest or public safety.
-
Effective only upon enactment of companion bills HB 5484, HB 5486, HB 5487, HB 5488, and HB 5489.
Legislative Description
Juveniles; criminal procedure; juvenile competency definitions; clarify. Amends sec. 1, ch. XIIA of 1939 PA 288 (MCL 712A.1). TIE BAR WITH: HB 5484'09, HB 5486'09, HB 5487'09, HB 5488'09, HB 5489'09
Juveniles, criminal procedure
Last Action
Referred To Second Reading
6/9/2010