MENTAL HEALTH CODE (EXCERPT)
Act 258 of 1974
***** 330.2060a.amended THIS AMENDED SECTION IS EFFECTIVE OCTOBER 1, 2021 *****
330.2060a.amended Definitions; C to J.
(1) "Competency evaluation" means a court-ordered examination of a juvenile directed to developing information relevant to a determination of his or her competency to proceed at a particular stage of a court proceeding involving a juvenile who is the subject of a delinquency petition.
(2) "Competency hearing" means a hearing to determine whether a juvenile is competent to proceed.
(3) "Incompetent to proceed" means that a juvenile, based on age-appropriate norms, lacks a reasonable degree of rational and factual understanding of the proceeding or is unable to do 1 or more of the following:
(a) Consult with and assist his or her attorney in preparing his or her defense in a meaningful manner.
(b) Sufficiently understand the charges against him or her.
(4) "Juvenile" means a person who is less than 18 years of age who is the subject of a delinquency petition.
History: Add. 2012, Act 540, Eff. Mar. 28, 2013
Am. 2019, Act 99, Eff. Oct. 1, 2021
© 2017 Legislative Council, State of Michigan