Mich. Admin. Code R. 330.10059 - Forensic examination

Rule 10059.

(1) When a defendant is examined on an outpatient basis, the examining facility shall direct qualified personnel to conduct the examination at either the place of detention or at the examining facility. The examination shall be completed in 1 day, unless further information is needed, in which case the examining facility shall determine the place additional examinations shall be performed as expeditiously as possible.

(2) If a defendant is to be brought from a place of detention for outpatient examination, the examining facility shall notify the sheriff and the sheriff shall transport the defendant to the examining facility for the examination and wait until the conclusion of the examination whereupon the sheriff shall return the defendant to the place of detention.

(3) If a defendant who is ordered to undergo an examination is on bail or otherwise at liberty pending trial, the examining facility shall notify defense counsel and the court of the time and place of the outpatient examination. The defendant shall be responsible for making himself or herself available for the examination at the designated time and place.

(4) If a defendant fails to make himself or herself available for the examination at the designated time and place, the examining facility shall notify the court, the prosecuting attorney, and defense counsel.

(5) If the defendant is on bond or otherwise at liberty pending trial and qualified personnel determine, after initiating an examination, that the examination must be completed on an inpatient basis, such personnel shall notify the court, the defense and prosecuting attorneys, and the forensic center and request an immediate order for inpatient examination.

(6) When a defendant is to be examined on an inpatient basis, the director shall direct certified personnel to complete the examination as expeditiously as possible.

(7) Psychotropic medication and physical treatment during the 60-day evaluation and examination period shall be administered and prescribed in accordance with subpart 3 of part 7 of these administrative rules.

(8) As soon as administratively possible after completion of an examination, qualified personnel shall transmit the report required by law to the court, defense counsel, and prosecuting attorney.

Notes

Mich. Admin. Code R. 330.10059

1979 AC; 1988 AACS