November 10, 2005, Introduced by Reps. Accavitti, Bieda, Tobocman, Farrah, Vagnozzi, Zelenko and Wojno and referred to the Committee on Health Policy.
A bill to amend 1974 PA 258, entitled
"Mental health code,"
by amending section 617 (MCL 330.1617).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 617. (1) A respondent in a guardianship proceeding
conducted pursuant
to under this chapter may demand that a jury
decide any issue or issues of fact. A jury shall consist of 6
persons to be chosen in the same manner as provided in the probate
court rules.
(2) A respondent in a guardianship proceeding conducted
pursuant
to under this chapter
shall have has the
right to
present evidence, and to confront and cross-examine all witnesses.
(3) The hearing may be closed to the public on the request of
the respondent or the respondent's legal counsel.
(4) The
respondent shall be present at all proceedings
conducted
pursuant to this chapter. However, the respondent's
presence
may be excused by the court only on a showing, supported
by
an affidavit signed by a physician or psychologist who has
recently
examined the respondent, that the respondent's attendance
would
subject him or her to serious risk of physical or emotional
harm.
The respondent is entitled
to be present at the hearing in
person and to see or hear all evidence bearing upon the
respondent's condition. If the respondent wishes to be present at
the hearing, all practical steps shall be taken to ensure his or
her presence, including, if necessary, moving the hearing site.
(5) A guardian shall not be appointed under this section
unless the person who prepared the report or at least 1 of the
persons who performed an evaluation serving in part as basis for
the report testifies in person in court.
(6) The respondent has the right, at his or her own expense,
or if the respondent is indigent, at the expense of the state, to
secure an independent evaluation. Compensation for an independent
evaluation
at public expense shall be in an amount
which that is
reasonable and based upon time and expenses and approved by the
court.