MI SB0723

Establishes a rebuttable presumption that a defendant is presumed competent to waive Miranda rights, with the defense, court, or prosecution able to raise competence issues.

Requires courts to determine if a defendant's Miranda waiver was knowingly and intelligently made, meaning the defendant understood they did not have to speak, had the right to counsel, and that statements could be used at trial.

Mandates court-ordered psychiatric examinations by the Center for Forensic Psychiatry or certified facilities when a defendant may not have been competent to waive Miranda rights, with examination results due within 60 days.

Requires courts to hold a hearing on the examination report and determine whether the defendant was competent to waive Miranda rights; if not, the court must determine an appropriate remedy at law.

Prohibits the examining clinician's competence opinion from being used as evidence for any purpose except in the Miranda competency hearing, and protects a defendant's liberty pending trial regardless of the competency determination.