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MI HB5489
Bill
Status
9/29/2009
Primary Sponsor
Lesia Liss
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AI Summary
HB 5489 Summary
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Court must order prosecuting attorney to provide juvenile's attorney all competency-related information, including offense details, juvenile's background, and attorney contact information within established procedures.
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Juvenile's attorney must provide qualified examiner with available records relevant to evaluation, including psychiatric, school, medical, and child protective services records.
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Qualified examiner must submit written competency evaluation report to court within 30 days of receiving court order, with optional 30-day extension for good cause.
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Report must contain detailed examination description, clinical assessment including mental status examination and intelligence assessment, and evaluation of juvenile's competency functions including ability to understand proceedings and assist attorney.
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Examiner must provide opinion on competency; if incompetent, report must address nature of mental disease, prognosis, services needed for restoration, and whether juvenile poses threat requiring emergency intervention; court distributes report to attorneys and guardian ad litem within 5 working days.
Legislative Description
Juveniles; criminal procedure; juvenile competency evaluation and report; clarify. Amends 1939 PA 288 (MCL 710.21 - 712A.32) by adding sec. 18p to ch. XIIA. TIE BAR WITH: HB 5484'09, HB 5485'09, HB 5486'09, HB 5487'09, HB 5488'09
Juveniles, criminal procedure
Last Action
Referred To Second Reading
6/9/2010