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MI HB5488

Bill

Status

Introduced

9/29/2009

Primary Sponsor

Lesia Liss

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Origin

House of Representatives

95th Legislature

AI Summary

  • Adds section 18o to chapter XIIA of the Probate Code establishing standards for juvenile competency evaluations ordered under section 18n.

  • Requires competency evaluations to be conducted by a qualified examiner, with the court making final determination of who qualifies as a qualified examiner.

  • Allows parties to retain their own qualified examiner to conduct additional evaluations at their own expense.

  • Establishes presumption that competency evaluations shall be conducted in the least restrictive environment, with preference for evaluations while the juvenile remains in parental or legal guardian custody unless removal is necessary for the juvenile's best interests, public safety, or due to lack of parental cooperation.

  • Ties the bill's effectiveness to enactment of House Bills 5484, 5485, 5486, 5487, and 5489.

Legislative Description

Juveniles; criminal procedure; juvenile competency evaluation; require use of a qualified examiner. Amends 1939 PA 288 (MCL 710.21 - 712A.32) by adding sec. 18o to ch. XIIA. TIE BAR WITH: HB 5484'09, HB 5485'09, HB 5486'09, HB 5487'09, HB 5489'09

Juveniles, criminal procedure

Last Action

Referred To Second Reading

6/9/2010

Committee Referrals

Judiciary9/29/2009

Full Bill Text

No bill text available