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MI HB4555
Bill
Status
12/31/2012
Primary Sponsor
Lesia Liss
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AI Summary
HB 4555 Summary
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Establishes juvenile competency evaluation procedures requiring qualified forensic mental health examiners to assess whether juveniles age 10+ can understand court proceedings and assist their attorney, with juveniles under 10 presumed incompetent.
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Creates a 60-day restoration order (renewable for up to 120 days total) allowing courts to suspend proceedings for incompetent juveniles who may regain competency through treatment or education in the least restrictive environment.
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Protects juveniles' constitutional rights by making competency evaluation statements inadmissible in proceedings determining responsibility and sealing competency reports after case adjudication or finding of inability to regain competence.
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Requires dismissal of charges for traffic offenses or misdemeanors if juvenile is incompetent; allows dismissal or suspension for serious misdemeanors; and suspends felony proceedings pending restoration efforts.
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Authorizes courts to order mental health services for up to 120 days if a juvenile cannot be restored to competency due to serious emotional disturbance, with the court retaining jurisdiction and requiring periodic progress reports.
Legislative Description
Juveniles; criminal procedure; juvenile competency and culpability; clarify. Amends secs. 498d, 498e & 498h of 1974 PA 258 (MCL 330.1498d et seq.) & adds secs. 1060, 1060a, 1060b, 1060c, 1062, 1064, 1066, 1068, 1070, 1072 & 1074. TIE BAR WITH: SB 0246'11
Criminal procedure, mental capacity
Last Action
Assigned Pa 540'12 2012 Addenda
12/31/2012