March 22, 2007, Introduced by Senators BARCIA, CROPSEY and KAHN and referred to the Committee on Judiciary.
A bill to amend 1974 PA 258, entitled
"Mental health code,"
by amending sections 744, 1026, 1028, 1030, 1032, 1034, 1044, and
1050 (MCL 330.1744, 330.2026, 330.2028, 330.2030, 330.2032,
330.2034, 330.2044, and 330.2050), section 744 as amended by 1995
PA 290, and by adding sections 1049, 1052, 1053, 1054, 1055, 1056,
1057, 1058, 1059, 1060, 1061, 1062, 1063, 1064, 1065, 1066, 1067,
1068, 1069, 1070, 1071, 1072, 1073, 1074, 1075, 1076, 1077, 1078,
1079, 1080, 1081, and 1082; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 744. (1) The freedom of movement of a recipient shall not
be restricted more than is necessary to provide mental health
services to him or her, to prevent injury to him or her or to
others, or to prevent substantial property damage, except that
security precautions and other freedom of movement restrictions
appropriate to the condition and circumstances of an individual
admitted
by order of a criminal court, or transferred as a
sentence-serving
convict from a penal institution an
individual
found not guilty by reason of insanity, or an individual
hospitalized as a result of a petition filed under section 1034(3)
may be taken.
(2) A restriction adopted under the authority of subsection
(1), the date it expires, and justification for its adoption shall
be
promptly noted in the recipient's
record. of the recipient.
(3) A restriction adopted under the authority of subsection
(1) shall be removed when the circumstance that justified its
adoption ceases to exist.
Sec. 1026. (1) Upon a showing that the defendant may be
incompetent to stand trial, the court shall order the defendant to
undergo
an examination by personnel of either the center for
forensic
psychiatry. or other facility officially certified by the
department
of mental health to perform examinations relating to the
issue
of incompetence to stand trial. The
defendant shall make
himself or herself available for the examination at the places and
times
established by the center. or other certified facility. If
the defendant, after being notified, fails to make himself or
herself available for the examination, the court may order his or
her
commitment to the center or other
facility without a hearing.
(2)
When If the defendant is to be held in a jail or similar
place of detention pending trial, the center or other facility may
perform the examination in the jail or may notify the sheriff to
transport the defendant to the center or other facility for the
examination, and the sheriff shall return the defendant to the jail
upon completion of the examination.
(3)
Except as provided in subsection (1), when if the
defendant is not to be held in a jail or similar place of detention
pending
trial, the court shall commit him or
her to the center or
other
facility only when if the
commitment is necessary for the
performance
of to perform the examination.
(4)
The defendant shall be released by the center or other
facility
upon completion of the examination.
Sec. 1028. (1) When the defendant is ordered to undergo an
examination
pursuant according to section 1026, the center or other
facility
shall, for the purpose of gathering
psychiatric and other
information pertinent to the issue of the incompetence of the
defendant to stand trial, examine the defendant and, if possible,
consult with defense counsel, and may consult with the prosecutor
or other persons. Defense counsel shall make himself or herself
available
for consultation with the center. or other facility. The
examination shall be performed, defense counsel consulted, and a
written report submitted to the court, prosecuting attorney, and
defense counsel within 60 days of the date of the order.
(2) The report shall contain:
(a)
The clinical findings of the center. or other facility.
(b) The facts, in reasonable detail, upon which the findings
are based, and upon request of the court, defense, or prosecution
additional facts germane to the findings.
(c)
The opinion of the center or other facility on the issue
of the incompetence of the defendant to stand trial.
(d) If the opinion is that the defendant is incompetent to
stand
trial, the opinion of the center or other facility on the
likelihood of the defendant attaining competence to stand trial, if
provided a course of treatment, within the time limit established
by section 1034.
(3) The opinion concerning competency to stand trial derived
from the examination may not be admitted as evidence for any
purpose in the pending criminal proceedings, except on the issues
to be determined in the hearings required or permitted by sections
1030
and 1040. The foregoing bar of testimony shall not be
construed
to does not prohibit the examining qualified clinician
from presenting at other stages in the criminal proceedings
opinions concerning criminal responsibility, disposition, or other
issues if they were originally requested by the court and are
available. Information gathered in the course of a prior
examination
that is of historical value to the examining qualified
clinician may be utilized in the formulation of an opinion in any
subsequent court ordered evaluation.
Sec. 1030. (1) Upon receipt of the written report, the court
shall cause the defendant to appear in court and shall hold a
hearing within 5 days or upon the conclusion of the case,
proceeding, or other matter then before it, whichever is sooner,
unless the defense or prosecution for good cause requests a delay
for a reasonable time.
(2) On the basis of the evidence admitted at the hearing, the
court shall determine the issue of the incompetence of the
defendant to stand trial. If the defendant is determined
incompetent to stand trial, the court shall also determine whether
there is a substantial probability that the defendant, if provided
a course of treatment, will attain competence to stand trial within
the time limit established by section 1034.
(3)
The written report shall be is
admissible as competent
evidence in the hearing, unless the defense or prosecution objects,
but not for any other purpose in the pending criminal proceeding.
The defense, prosecution, and the court on its own motion may
present additional evidence relevant to the issues to be determined
at the hearing.
(4) If the defendant is receiving medication and is not
determined incompetent to stand trial, the court may, in order to
maintain
the competence of the defendant to stand trial, make such
orders
as it deems that it
considers appropriate for the continued
administration
of such medication pending and during trial. A
court's order under this section shall not appoint a hospital or
center as the provider of treatment unless that hospital or center
agrees to be the provider of treatment.
Sec. 1032. (1) If the defendant is determined incompetent to
stand trial, and if the court determines that there is a
substantial probability that, if provided a course of treatment, he
or she will attain competence to stand trial within the time limit
established
by section 1034, the court shall order him the
defendant to undergo treatment to render him or her competent to
stand trial.
(2) The court shall appoint a medical supervisor of the course
of treatment. The medical supervisor may be any person or agency
willing
to supervise the course of treatment, or the department. of
mental
health. If the defendant is a
prisoner serving a sentence,
the court shall appoint the corrections mental health program as
the medical supervisor of treatment.
(3) The court may commit the defendant to the custody of the
department, of
mental health, or to the custody of any other
inpatient mental health facility if it agrees, only if commitment
is necessary for the effective administration of the course of
treatment.
If the defendant, absent commitment to the department of
mental
health or other inpatient mental health facility, would
otherwise be held in a jail or similar place of detention pending
trial, the court may enter an order restricting the defendant in
his or her movements to the buildings and grounds of the facility
at which he or she is to be treated.
Sec. 1034. (1) No order or combination of orders issued under
section 1032 or 1040, or both, shall have force and effect for a
total period of treatment in excess of 15 months or 1/3 of the
maximum sentence the defendant could receive if convicted of the
charges against him or her, whichever is lesser; nor after the
charges against the defendant are dismissed.
(2) The court shall provide for notification of defense
counsel, the prosecution, and the medical supervisor of treatment
whenever the charges against the defendant are dismissed and
whenever
an order whose that has a stated time period that has not
elapsed is voided by the court.
(3) If the defendant is to be discharged or released because
of
the expiration of an order or orders under section 1032 or 1040,
the
medical supervisor of treatment prior to before the
discharge
or release may file a petition asserting that the defendant is a
person requiring treatment as defined by section 401 or meets the
criteria for judicial admission as defined by section 515 with the
probate court of the defendant's county of residence.
Sec. 1044. (1) The charges against a defendant determined
incompetent to stand trial shall be dismissed if either of the
following occurs:
(a)
When If the prosecutor notifies the court of his or her
intention
not to prosecute the case. ; or
(b)
Fifteen months after the date on which the defendant was
originally
determined incompetent to stand trial. If the defendant
has been treated for restoration to competency for a total of 15
months or the maximum period specified in section 1034, and the
defendant has not been restored to competency.
(2) If a defendant interrupts the required period of treatment
by escaping or by being absent without authorization, the charges
against the defendant shall not be dismissed until the maximum
period of treatment has been reached.
(3) (2)
When If charges are dismissed pursuant according to
subsection (1), the same charges, or other charges arising from the
transaction
which that gave rise to the dismissed charges, shall
not subsequently be filed against the defendant, except as provided
in this section.
(4) (3)
If the charges were dismissed pursuant according to
subsection
(1) (b) (1)(b) and if the crime charged was punishable
by a sentence of life imprisonment, the prosecutor may at any time
petition the court for permission to again file charges. In the
case
of other charges dismissed pursuant according to subsection
(1)
(b) (1)(b), the prosecutor may, within that period of time
after the charges were dismissed equal to 1/3 of the maximum
sentence that the defendant could receive on the charges, petition
the court for permission to again file charges.
(5) (4)
The court shall grant permission to again file charges
if after a hearing it determines that the defendant is competent to
stand
trial. Prior to Before the hearing, the court may order the
defendant to be examined by personnel of the center for forensic
psychiatry
or other qualified person as an outpatient, but may not
commit
the defendant to the center or any other facility for the
examination.
Sec. 1049. As used in sections 1050 to 1081:
(a) "Individual found NGRI" means an individual who committed
a criminal act and was found not guilty by reason of insanity
(NGRI) in a criminal proceeding.
(b) "Individual found NGRI requiring treatment" means either
of the following:
(i) An individual found NGRI who has a mental illness and, as a
result, cannot appreciate the need for treatment, is unable to
comply with treatment, or will, with reasonable clinical certainty,
pose a danger to self or others without treatment.
(ii) An individual found NGRI who has mental retardation and,
as a result, cannot appreciate the need for treatment, is unable to
comply with treatment, or will, with reasonable clinical certainty,
pose a danger to self or others without treatment.
(c) "LEIN" means the law enforcement information network
regulated under the L.E.I.N. policy council act of 1974, 1974 PA
163, MCL 28.211 to 28.215.
(d) "Mental illness" means a substantial disorder of thought
or mood that significantly impairs judgment, behavior, capacity to
recognize reality, or ability to cope with the ordinary demands of
life. Mental illness includes a substantial disorder of thought or
mood that is in a state of remission and that will, with reasonable
certainty, become active without continued treatment.
(e) "Mental retardation" means a significantly subaverage
general intellectual functioning that originates during the
developmental period and is associated with impairment in adaptive
behavior.
(f) "Order for involuntary NGRI treatment" means a court order
requiring an individual found NGRI to comply with treatment and
supervision appropriate for his or her mental illness or mental
retardation. The center for forensic psychiatry shall make the
determination of the setting in which an individual found NGRI will
be treated under an order for involuntary NGRI treatment. The
treatment setting may include the center for forensic psychiatry,
another hospital or center, or community program authorized by the
center.
Sec.
1050. (1) The court shall immediately commit any person
an individual who is acquitted of a criminal charge by reason of
insanity
to the custody of the center for forensic psychiatry , for
a
period not to exceed of 60 days. The court prosecuting attorney
shall
forward to the center for
forensic psychiatry a full report
,
in
the form of a settled record, of the facts concerning the crime
which
the patient that includes, at
a minimum, a list of the
criminal acts that the individual was found to have committed but
of which he or she was acquitted by reason of insanity, the facts
established about the criminal acts, and a statement of the maximum
sentence that the individual could have received had he or she been
found guilty. The report shall be entitled "NGRI petition", shall
serve as the petition, and shall be admissible in subsequent
proceedings. The center shall thoroughly examine and evaluate the
present
mental condition of the person individual
found NGRI in
order
to reach an opinion on whether the person he or she meets the
criteria
of a person requiring an individual
found NGRI who
requires
treatment. or for judicial
admission set forth in section
401
or 515. If the center for
forensic psychiatry considers it
necessary, the individual found NGRI may be sent to another
treatment facility for the duration of the 60-day evaluation
period.
(2) A prisoner who is acquitted of a subsequent criminal
charge by reason of insanity shall remain under the jurisdiction of
the department of corrections for the duration of the original
criminal sentence. At the time of the NGRI finding, the court shall
immediately issue an order for examination of the prisoner found
NGRI. The prosecuting attorney shall forward to the center a report
that includes a list of the criminal acts that the prisoner was
found to have committed but of which he or she was acquitted by
reason of insanity, the facts established about the acts, and a
statement of the maximum sentence that the prisoner found NGRI
could have received had he or she been found guilty. The report
shall be entitled "NGRI petition", shall serve as the petition, and
is admissible in subsequent proceedings. The examination of the
prisoner found NGRI shall be held in abeyance until 60 days before
the department of corrections' scheduled release of the prisoner
found NGRI, at which time the department of corrections shall
notify the center of the prisoner found NGRI's pending release and
shall make arrangements with the center to transport the prisoner
found NGRI to the center for evaluation. The center shall
thoroughly examine and evaluate the prisoner found NGRI in order to
reach an opinion on whether he or she meets the criteria of an
individual found NGRI requiring treatment.
(3) (2)
Within the 60-day period
specified in subsections (1)
and (2) the center shall file a report with the court, prosecuting
attorney, and defense counsel. The report shall contain a summary
of
the crime which the patient committed but of which he criminal
acts of which the individual was acquitted by reason of insanity,
and
an opinion as to whether the person
individual found NGRI meets
the
criteria of a person an individual
found NGRI requiring
treatment, or
for judicial admission as defined by section 401 or
515,
and the facts upon which the
opinion is based. If the opinion
stated
is that the person is a person an
individual found NGRI
requiring treatment, the report shall be accompanied by clinical
certificates
from 2 physicians, at least 1 of whom shall be a
psychiatrist,
which conform to the requirements of section 400(j)
psychiatrists or 1 clinical certificate from a psychiatrist and 1
clinical certificate from a licensed psychologist.
(4) (3)
After receipt of the a
report stating that an
individual found NGRI is an individual found NGRI requiring
treatment, the court may direct the prosecuting
attorney to shall
file
a an NGRI petition pursuant to section 434 or 516 under
section
1034 for an order of hospitalization
or an order of
admission
to a facility for involuntary
NGRI treatment with the
probate court of the person's county of residence or, if the
individual found NGRI does not have a county of residence in this
state, of the county in which the criminal trial was held.
Any The
certificates
that accompanied the report of the center may shall be
filed
with the NGRI petition , and shall be are sufficient
to cause
a
hearing to be held pursuant to under
section 451 1056
even if
they
the certificates were not executed within 72 hours of the
filing
of the NGRI petition. The report from the court containing
the
facts concerning the crime for which he was acquitted by reason
of
insanity shall be admissible in the hearings NGRI petition is
admissible in a hearing held as a result of a petition filed under
this subsection and in subsequent hearings.
(5) (4)
If the center for forensic
psychiatry's report states
the
opinion that the person individual
found NGRI meets the
criteria
of a person an individual
found NGRI requiring treatment,
or
for judicial admission, and if a petition is to be filed
pursuant
to subsection (3), the center may
retain the person him or
her
pending a hearing on the NGRI petition.
If a petition is not to
be
filed, the prosecutor shall notify the center in writing. The
center,
upon receipt of the notification, shall cause the person to
be
discharged.
(5)
The release provisions of sections 476 to 479 of this act
shall
apply to a person found to have committed a crime by a court
or
jury, but who is acquitted by reason of insanity, except that a
person
shall not be discharged or placed on leave without first
being
evaluated and recommended for discharge or leave by the
department's
program for forensic psychiatry, and authorized leave
or
absence from the hospital may be extended for a period of 5
years.
(6) An individual found NGRI who has been found to be an
individual found NGRI requiring treatment and placed on an order
for involuntary NGRI treatment under section 1053 shall be
hospitalized, transferred, or placed in the community only by
authorization of the center for forensic psychiatry. In authorizing
or not authorizing hospitalization, transfer, or community
placement, the center for forensic psychiatry shall have as its
primary concerns the need for adequate protection of the public and
the availability of appropriate treatment for the individual found
NGRI.
(7) At least 7 days before a transfer, the individual found
NGRI and his or her guardian or nearest relative shall be notified,
except if the transfer is necessitated by an emergency. An
individual found NGRI may designate up to 2 other individuals to
receive notice. If a transfer is necessitated by an emergency,
notice shall be given as soon as possible, but not later than 24
hours after the transfer. If the individual found NGRI or his or
her guardian or nearest relative objects to the transfer, the
department shall provide an opportunity to appeal the transfer.
(8) A community mental health services program shall provide
services to both of the following:
(a) An individual found NGRI on an order for involuntary NGRI
treatment who resided within the community mental health services
program's geographic service area at the time he or she was found
to be not guilty by reason of insanity and who is placed in the
community.
(b) An individual found NGRI on an order for involuntary NGRI
treatment who committed the act for which he or she was found to be
not guilty by reason of insanity within the community mental health
services program's geographic service area, who was without a
county of residence in this state at the time he or she committed
the act, and who was placed in the community.
(9) At the end of the period specified by an order for
involuntary treatment, the prosecutor may file a petition according
to section 434 or 516 asserting that the individual found NGRI is a
person requiring treatment or judicial admission.
Sec. 1052. (1) It is a crime punishable by not more than 2
years for an individual found NGRI on an order for involuntary NGRI
to do 1 or more of the following:
(a) Leave a department hospital or center without
authorization from the center for forensic psychiatry.
(b) Refuse to comply with a request to return to the custody
of a department hospital or center.
(c) Leave this state without authorization from the center for
forensic psychiatry.
(2) An individual found NGRI on an order for involuntary NGRI
treatment who leaves a department hospital or center without
authorization, refuses to comply with a request to return to the
custody of a department hospital or center, or leaves the state
without authorization shall be returned to the custody of the
center for forensic psychiatry or of another department hospital or
center, as authorized by the center for forensic psychiatry.
(3) An order for involuntary NGRI treatment for an individual
found NGRI shall be held in abeyance for a period of time that he
or she is absent without authorization from his or her treatment
setting. The terms and conditions of the order shall be reinstated
up to the maximum remaining time specified in the order.
Sec. 1053. The prosecuting attorney shall file the NGRI
petition with the probate court of the county of residence of the
individual found NGRI or of the county in which the criminal trial
was held. By filing the NGRI petition as described in this section,
the prosecuting attorney asserts that the individual found NGRI is
an individual found NGRI requiring treatment. The clinical
certificates completed under section 1050(3) from 2 psychiatrists
or from 1 psychiatrist and 1 licensed psychologist shall accompany
the NGRI petition.
Sec. 1054. There is no cause of action in a court of this
state against a person who in good faith files an NGRI petition or
executes a clinical certificate under this chapter alleging that an
individual found NGRI is an individual found NGRI requiring
treatment, unless the NGRI petition is filed or the clinical
certificate is executed as a result of an act or omission amounting
to gross negligence or willful and wanton misconduct.
Sec. 1055. A court hearing convened under this chapter is
governed by sections 1056 to 1067.
Sec. 1056. The court shall set a date for a hearing under this
chapter promptly, but not more than 7 business days after the court
receives 1 of the following:
(a) An NGRI petition for determination that an individual
found NGRI is an individual found NGRI requiring treatment and
clinical certificates from 2 psychiatrists or from 1 psychiatrist
and 1 licensed psychologist.
(b) A petition for discharge filed under section 1075.
(c) Notification from the director of the center for forensic
psychiatry that, in the opinion of the center for forensic
psychiatry, the individual found NGRI no longer meets the criteria
of an individual found NGRI requiring treatment.
Sec. 1057. (1) The court shall give notice of a petition and
of the time and place of a hearing filed under section 1056 to the
individual found NGRI, his or her attorney, the petitioner, the
prosecuting attorney or other attorney provided for in section
1061, the hospital director of a hospital in which the individual
found NGRI is hospitalized, the spouse of the individual found NGRI
if his or her whereabouts are known, the guardian of the individual
found NGRI, and other relatives or individuals as the court may
determine. Notice shall be given at the earliest practicable time
and sufficiently in advance of the hearing date to permit
preparation for the hearing.
(2) Within 4 days of the court's receipt of the clinical
certificates described in section 1056(a), the court shall cause
the individual found NGRI to be given a copy of the NGRI petition,
a copy of each clinical certificate executed in connection with the
hearing, notice of the right to a full court hearing, notice of the
right to be present at the hearing, notice of the right to be
represented by legal counsel, notice of the right to demand a jury
trial, and notice of the right to an independent clinical
evaluation.
Sec. 1058. (1) An individual found NGRI who is the subject of
an NGRI petition is entitled to be represented by legal counsel.
(2) Within 48 hours after the court's receipt of a petition
and the other documents filed under section 1056, unless an
appearance has been entered on behalf of the individual found NGRI,
the court shall appoint legal counsel to represent the subject of
the NGRI petition.
(3) After consultation with appointed counsel, if the
individual found NGRI desires to waive his or her right to counsel,
he or she may do so by notifying the court in writing.
(4) If the individual found NGRI prefers counsel other than
the appointed counsel, the preferred counsel accepts the
appointment, and the court is notified of the preference by the
individual found NGRI or the preferred counsel, the court shall
replace the initially appointed counsel with the preferred counsel.
(5) If the individual found NGRI is indigent, the court shall
compensate appointed legal counsel from court funds in an amount
that is reasonable and based on time and expenses.
(6) The supreme court may, by court rule, establish the
compensation to be paid for legal counsel of indigents and may
require that legal counsel be appointed from a system or
organization established for the purpose of providing
representation in proceedings governed by this chapter.
(7) Legal counsel shall consult in person with the individual
found NGRI at least 24 hours before the time set for a court
hearing.
(8) Legal counsel for an individual found NGRI under section
1056 who is hospitalized pending a court hearing shall consult in
person with the individual not more than 72 hours, excluding
Sundays and holidays, after the petition and 2 clinical
certificates required under section 1050(2) have been filed with
the court.
(9) After a consultation required in subsection (7) or (8),
the legal counsel for the individual found NGRI shall promptly file
with the court a certificate stating that he or she personally has
seen and has consulted with the individual found NGRI as required
by this section.
Sec. 1059. The individual found NGRI who is the subject of an
NGRI petition has the right to be present at all hearings. This
right may be waived by a waiver of attendance signed by the
individual found NGRI, witnessed by his or her legal counsel, and
filed with the court, or it may be waived in court at a scheduled
hearing. The right of the individual found NGRI to be present at a
hearing is considered waived by the failure of the individual found
NGRI to attend the hearing after receiving notice required by
section 1057 and any applicable court rule, providing that
individual found NGRI has had an opportunity to consult with legal
counsel as required under section 1058. The court may exclude the
individual found NGRI from a hearing if the behavior of the
individual found NGRI at the hearing makes it impossible to conduct
the hearing. The presence of the individual found NGRI may also be
waived by the court if there is testimony by a physician or
licensed psychologist who has recently observed him or her that the
attendance of the individual found NGRI would pose a danger to him
or her or others. The court shall enter on the record the reason
for excluding the individual found guilty from the hearing.
Sec. 1060. (1) A hearing on an NGRI petition may be held where
the court directs, either within or outside the county in which the
court has its principal office, in a hospital or other convenient
place. If practicable, the court shall convene the hearing on the
NGRI petition in a hospital. A hearing under this section may be
held by telephone, video conference, or other telecommunications
technology available to the court.
(2) The individual found NGRI who is the subject of an NGRI
petition, any interested person, or the court on its own motion may
request a change of venue because of residence, convenience to
parties, witnesses, or the court, or the individual's mental or
physical condition.
Sec. 1061. The prosecuting attorney or assistant prosecuting
attorney of the county in which a court is located shall
participate in a hearing convened by the court of his or her county
under this chapter. The prosecuting attorney of the county may
permit the prosecuting attorney or assistant prosecuting attorney
from another county to participate on his or her behalf.
Sec. 1062. An individual found NGRI who is the subject of an
NGRI petition may demand that a jury hear the question of whether
he or she is an individual found NGRI requiring treatment. A jury
shall consist of 6 persons to be chosen in the same manner as
jurors in civil proceedings.
Sec. 1063. (1) The parties in a hearing under this chapter
have the right to present documents and witnesses and to cross-
examine witnesses.
(2) The court shall receive all relevant, competent, and
material evidence that is offered. The rules of evidence in civil
actions are applicable, except to the extent that specific
exceptions have been provided for in this chapter or elsewhere by
statute or court rule.
Sec. 1064. Legal counsel for an individual found NGRI who is
the subject of an NGRI petition shall be allowed adequate time to
investigate the matter at issue and to prepare. Legal counsel may
present evidence that he or she believes is necessary to a proper
disposition of the hearing.
Sec. 1065. An individual found NGRI who is the subject of an
NGRI petition may not be found to be an individual found NGRI
requiring treatment unless at least 1 physician or licensed
psychologist who has personally examined the individual found NGRI
testifies in person, by telephone, by acceptable electronic means,
or by written deposition at the hearing. A written deposition may
be introduced as evidence at the hearing only if legal counsel for
the individual found NGRI was given the opportunity to be present
when the deposition was taken and had the opportunity to cross-
examine the deponent. The individual found NGRI may waive this
testimony or deposition. An individual found NGRI who is the
subject of an NGRI petition may be found to be an individual found
NGRI requiring treatment even if the petitioner does not testify,
if there is competent evidence from which the relevant criteria in
section 1049(2) can be established.
Sec. 1066. (1) A request for a continuance for a reasonable
time shall be granted for good cause.
(2) Unless the subject of a petition or his or her attorney
objects, failure to timely notify a spouse, guardian, relative, or
other person determined by the court to be entitled to notice is
not a cause to adjourn or continue a hearing.
Sec. 1067. (1) If requested before the first scheduled hearing
or at the first scheduled hearing before the first witness has been
sworn on an application or petition, an individual found NGRI who
is the subject of an NGRI petition in a hearing under this chapter
has the right at his or her own expense, or if indigent, at public
expense, to secure an independent clinical evaluation by a
psychiatrist or licensed psychologist of his or her choice
regarding whether he or she is an individual found NGRI requiring
treatment.
(2) Compensation for an evaluation performed by a psychiatrist
or a licensed psychologist shall be in an amount that is reasonable
and based on time and expenses.
(3) The independent clinical evaluation described in this
section is for the sole use of the individual found NGRI. The
independent clinical evaluation or the testimony of the individual
performing the evaluation shall not be introduced into evidence
without the consent of the individual found NGRI.
Sec. 1068. Copies of court orders issued under this chapter
shall be given to the individual found NGRI who is the subject of
the order, the guardian of the individual found NGRI, if a guardian
has been appointed, the legal counsel of the individual found NGRI,
the executive director of the community mental health services
program, and the director of any hospital in which the individual
found NGRI is or will be a patient.
Sec. 1069. (1) Upon entry of a court order for involuntary
NGRI treatment of an individual found NGRI, the court shall
immediately order the department of state police to enter the court
order into the law enforcement information network administered
under the L.E.I.N. policy council act of 1974, 1974 PA 163, MCL
28.211 to 28.215. Except as provided in subsection (2), the
department of state police shall not remove the court order from
LEIN after it has been entered.
(2) The department of state police shall immediately enter a
court's order for involuntary NGRI treatment into the law
enforcement information network administered under the L.E.I.N.
policy council act of 1974, 1974 PA 163, MCL 28.211 to 28.215, or
shall immediately remove an order for involuntary NGRI treatment
from LEIN as ordered by the court under this section.
Sec. 1070. A judge or jury shall not find that an individual
found NGRI is an individual found NGRI requiring treatment unless
that fact has been established by clear and convincing evidence.
Sec. 1071. (1) If the court finds that an individual found
NGRI is not an individual found NGRI requiring treatment, the court
shall enter an order stating that finding. If the individual found
NGRI has been hospitalized before the hearing, the court shall
order that the individual found NGRI be discharged immediately.
(2) Following a hearing under section 1056(a), if the court
finds that an individual found NGRI is an individual found NGRI
requiring treatment, the court shall issue an order for involuntary
NGRI treatment to last for the greater of a period of 1 year or for
a period equal to the maximum sentence that the individual found
NGRI could have received had he or she been found guilty. If the
individual found NGRI was previously found NGRI of a different
charge, the court may increase the period of involuntary NGRI
treatment by any number of years up to and including life. The
center for forensic psychiatry shall determine the appropriate
treatment setting for the individual found NGRI and shall
immediately arrange for the individual found NGRI to be treated at
the center for forensic psychiatry, at another hospital or center,
or in a community placement.
(3) Following a hearing under section 1056(b) or (c), if the
court finds that an individual found NGRI continues to be an
individual found NGRI requiring treatment, the court shall continue
the existing order for involuntary NGRI treatment.
Sec. 1072. If, in the opinion of the center for forensic
psychiatry, an individual found NGRI no longer meets the criteria
of an individual found NGRI requiring treatment, the director of
the center for forensic psychiatry shall notify the court that last
issued or continued the order for involuntary NGRI treatment. The
court shall convene a hearing under section 1056(c) to determine
whether the individual found NGRI remains an individual found NGRI
requiring treatment.
Sec. 1073. The clinical status of an individual found NGRI on
an order for involuntary treatment shall be reviewed annually by
the medical supervisor of treatment. The results of the review
shall be forwarded to the center for forensic psychiatry.
Sec. 1074. The result of each periodic review shall be made
part of the record of the individual found NGRI and shall be filed
within 5 business days of the review in the form of a written
report with the court that last issued or continued the order for
involuntary NGRI treatment. Notice of the result of the review and
information on the right of the individual found NGRI to petition
for discharge shall be given to the individual found NGRI, the
legal counsel for the individual found NGRI, the guardian of the
individual found NGRI, if any, and the nearest relative of the
individual found NGRI or a person designated by the individual
found NGRI.
Sec. 1075. If the conclusion drawn from the result of a review
required under section 1073 is that the individual found NGRI
remains an individual found NGRI requiring treatment and he or she
objects to the conclusion, he or she has a right to a hearing and
may petition the court for discharge from his or her order for
involuntary NGRI treatment. The petition shall be presented to the
court within 7 business days after the report is received.
Sec. 1076. Nothing in this chapter prevents the filing of or
deprives an individual of the benefits of a writ of habeas corpus.
Sec. 1077. (1) A determination that an individual found NGRI
is an individual found NGRI requiring treatment and a subsequent
placement in a hospital, center, or other treatment setting does
not give rise to a presumption of, constitute a finding of, or
operate as an adjudication of legal incompetence.
(2) In the absence of an accompanying appointment of a
guardian, an order of commitment under a previous statute of this
state is not an adjudication of legal incompetence.
Sec. 1078. An individual found NGRI receiving involuntary NGRI
treatment under this chapter shall receive a copy of section 1077
upon the commencement of involuntary NGRI treatment. An individual
found NGRI discharged from a hospital or center shall receive a
copy of section 1077 upon request.
Sec. 1079. The department shall prescribe the forms to be used
in court proceedings under this chapter by all providers of mental
health services. The forms are subject to the approval of the
supreme court.
Sec. 1080. (1) An individual found NGRI who was committed to
the center for forensic psychiatry for 60 days for examination and
evaluation under a previous statute of this state shall be admitted
to the center for forensic psychiatry for that 60-day evaluation.
The center for forensic psychiatry shall reach an opinion on
whether the individual found NGRI meets the criteria of a person
requiring treatment or for judicial admission set forth in section
401 or 515.
(2) Within the 60-day period described in subsection (1), the
center for forensic psychiatry shall file a report with the court,
prosecuting attorney, and defense counsel. The report shall contain
a summary of the crime that the individual found NGRI committed but
for which he or she was found not guilty by reason of insanity, an
opinion as to whether the individual found NGRI meets the criteria
of a person requiring treatment or for judicial admission as
defined by section 401 or 515, and the facts upon which the opinion
is based. If the opinion stated in the report is that the
individual found NGRI is a person requiring treatment, the report
shall be accompanied by certificates from 2 psychiatrists or from 1
psychiatrist and 1 licensed psychologist that conform to the
requirements of section 400(j).
(3) After receipt of the report, the court may direct the
prosecuting attorney to file a petition under section 434 or 516
for an order of hospitalization or an order of judicial admission
to a facility. A petition filed according to this subsection shall
be filed with the probate court of the county of residence of the
individual found NGRI or, if the individual found NGRI has no
county of residence in this state, of the county in which the
criminal trial was held. The certificates that accompanied the
report of the center for forensic psychiatry may be filed with the
petition and are sufficient to cause a hearing to be held under
section 451 even if the certificates were not executed within 72
hours of the filing of the petition. The report from the court
containing the facts concerning the crime for which the individual
was acquitted by reason of insanity is admissible in the hearings.
(4) If the report states the opinion that the individual found
NGRI meets the criteria of a person requiring treatment or for
judicial admission, and if a petition is to be filed under
subsection (3), the center for forensic psychiatry may retain the
individual found NGRI pending a hearing on the petition. If the
petition is not to be filed, the prosecutor shall notify the center
for forensic psychiatry in writing. The center for forensic
psychiatry, upon receipt of the notification, shall cause the
individual to be discharged.
(5) The provisions of sections 476 to 479 apply to an
individual found to have committed a crime by a court or jury, but
who is acquitted by reason of insanity, except that an individual
found NGRI shall not be discharged or placed on leave without first
being evaluated and recommended for discharge or leave by the
center for forensic psychiatry. An authorized leave or absence from
the hospital may be extended for a period of 5 years.
Sec. 1081. The disposition of an individual found NGRI on an
order for involuntary mental health treatment or judicial admission
under chapter 4 or 5 before the effective date of the amendatory
act that added this section or an individual found NGRI who is
placed on an order for involuntary mental health treatment or
judicial admission under section 1080(3) shall continue to be
governed by the provisions of chapter 4 or 5 and the provisions of
section 1080(5). Within 4 years after the effective date of the
amendatory act that added this section, the center for forensic
psychiatry shall request from the prosecuting attorney NGRI
petitions for individuals described in section 1050, and the
prosecuting attorney shall forward the NGRI petitions to the center
for forensic psychiatry. The center for forensic psychiatry shall
review the clinical status of the individuals on whom NGRI
petitions were provided under this section and shall determine
through this review whether the individuals meet criteria for an
individual found NGRI requiring treatment.
Sec. 1082. (1) The result of a review performed under section
1081 shall be filed within 30 business days of the date of the
review in the form of a written report with the court that last
issued an order for involuntary mental health treatment or judicial
admission. Notice of the result of the review shall be given to the
prosecuting attorney, the individual found NGRI, the legal counsel
for the individual found NGRI, the guardian for the individual
found NGRI, and the nearest relative of the individual found NGRI
or a person designated by the individual found NGRI.
(2) If the conclusion from the review required under
subsection (1) is that the individual found NGRI is an individual
found NGRI requiring treatment, the prosecuting attorney shall file
an NGRI petition with the court and the court shall convene a
hearing within 7 business days to determine whether the individual
found NGRI is an individual found NGRI requiring treatment.
(3) Following a hearing held as a result of a petition filed
under section 1080(3), if the court finds that the individual found
NGRI is an individual found NGRI requiring treatment, the court
shall issue an order for involuntary NGRI treatment to last for the
greater of a period of 1 year or for a period equal to the maximum
sentence that the individual found NGRI could have received had he
or she been found guilty. The order for involuntary NGRI treatment
shall supersede the existing order for involuntary mental health
treatment or judicial admission.
(4) Following a hearing held as a result of a petition filed
under section 1080(3), if the court finds that the individual found
NGRI is not an individual found NGRI requiring treatment, the court
shall do 1 of the following:
(a) Continue the existing order for involuntary mental health
treatment or judicial admission.
(b) Issue a new order for involuntary mental health treatment
or judicial admission.
(c) Order the individual found NGRI to be discharged from
involuntary mental health treatment or judicial admission.
(d) If the court continues the existing order for involuntary
mental health treatment or judicial admission under subsection
(4)(a) or issues a new order for involuntary mental health
treatment or judicial admission under subsection (4)(b), the
provisions described in section 1080(5) no longer apply.
(5) A copy of the court order shall be given to the individual
found NGRI who is the subject of the order, the guardian of the
individual found NGRI, if a guardian has been appointed, legal
counsel for the individual found NGRI, the executive director of
the community mental health services program, and the director of
any hospital in which the individual found NGRI is a patient.
Enacting section 1. Section 1005f of the mental health code,
1974 PA 258, MCL 330.2005f, is repealed.