HOUSE BILL No. 5942


     September 26, 2000, Introduced by Rep. Jamnick and referred to the Committee on Criminal Law and Corrections.


        A bill to amend 1974 PA 258, entitled

   "Mental health code,"

   by amending section 1028 (MCL 330.2028).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 1028.  (1) When the defendant is ordered to undergo an

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      examination pursuant to section 1026, the center or other facil-

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      ity shall, for the purpose of gathering psychiatric and other

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      information pertinent to the issue of the incompetence of the

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      defendant to stand trial, examine the defendant and consult with

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      defense counsel, and may consult with the prosecutor or other

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      persons.  Defense counsel shall make himself OR HERSELF available

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      for consultation with the center or other facility.

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           (2) The examination shall be performed, defense counsel

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      consulted, and a written report submitted to the court,

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      prosecuting attorney, and defense counsel within 60 days  of 


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      AFTER the date of the order.  IF THE REQUIREMENTS OF THIS

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      SUBSECTION ARE NOT MET WITHIN THE 60-DAY PERIOD FOR A DEFENDANT

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      WHO IS BEING HELD IN A JAIL OR SIMILAR PLACE OF DETENTION PENDING

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      TRIAL, THE CENTER OR OTHER FACILITY SHALL REQUEST THAT THE SHER-

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      IFF TRANSPORT THE DEFENDANT TO THE FORENSIC CENTER OR TO A PSY-

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      CHIATRIC HOSPITAL OR PSYCHIATRIC UNIT IMMEDIATELY UPON EXPIRATION

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      OF THE 60-DAY PERIOD.  THE DEFENDANT SHALL BE HELD IN THAT CENTER

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      OR HOSPITAL UNTIL ALL REQUIREMENTS OF THIS SUBSECTION ARE MET.

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           (3)  (2)  The report shall contain:

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           (a) The clinical findings of the center or other facility.

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           (b) The facts, in reasonable detail, upon which the findings

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      are based, and upon request of the court, defense, or prosecution

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      additional facts germane to the findings.

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           (c) The opinion of the center or other facility on the issue

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      of the incompetence of the defendant to stand trial.

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           (d) If the opinion is that the defendant is incompetent to

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      stand trial, the opinion of the center or other facility on the

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      likelihood of the defendant attaining competence to stand trial,

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      if provided a course of treatment, within the time limit estab-

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      lished by section 1034.

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           (4)  (3)  The opinion concerning competency to stand trial

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      derived from the examination may not be admitted as evidence for

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      any purpose in the pending criminal proceedings, except on the

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      issues to be determined in the hearings required or permitted by

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      sections 1030 and 1040.  The foregoing bar of testimony shall not

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      be construed to prohibit the examining qualified clinician from

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      presenting at other stages in the criminal proceedings opinions



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      concerning criminal responsibility, disposition, or other issues

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      if they were originally requested by the court and are

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      available.  Information gathered in the course of a prior exami-

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      nation that is of historical value to the examining qualified

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      clinician may be utilized in the formulation of an opinion in any

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      subsequent court ordered evaluation.












































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