Mich. Admin. Code R. 330.10079 - Treatment of persons found incompetent to stand trial

Rule 10079.

(1) Upon receipt of a court order committing a defendant to undergo treatment to achieve competency to stand trial, a hospital, facility, or other agency of the department providing treatment shall comply with department administrative rules and procedures for inpatient or outpatient treatment and with the following:

(a) When a court commits a defendant to the department to undergo treatment to render him competent to stand trial, placement by the department of the defendant for inpatient or outpatient treatment at a department hospital, facility, or agency, shall be made on the basis of a recommendation made by the center for forensic psychiatry.

(b) When a defendant is committed to the department, or otherwise ordered for treatment and the department is appointed medical supervisor of treatment, the director of the hospital facility or agency providing treatment shall perform the duties of medical supervisor of treatment.

(c) A medical supervisor of treatment shall submit the written report required by law to the court, prosecuting attorney, defense counsel, and the center, every 90 days and whenever he is of the opinion either that the defendant is no longer incompetent to stand trial or that there is not a substantial probability the defendant will obtain competence to stand trial within the time limits. In the report, the medical supervisor of treatment may also state an opinion as to the defendant's need for modified treatment to render him competent to stand trial.

(2) Mental health services shall be directed only toward the restoration of a defendant's competency to stand trial unless the defendant consents to additional services.

(3) A defendant ordered to undergo treatment at a department hospital, facility, or agency shall be discharged by the director upon recommendation of the treating clinician, or after 1 or more of the following:

(a) When the director is notified in writing by a committing court or by the prosecutor that charges against a defendant have been dropped.

(b) After certifying a defendant is competent to stand trial and upon release of the defendant to the custody of a peace officer or his own custody if on bail or otherwise at liberty pending trial.

(c) After 15 months from the date of the treatment order or 1/3 the maximum sentence the defendant would have received if he had been found guilty of the charge, whichever is lesser.

(d) Upon a court order directing the medical supervisor of treatment to discharge a defendant to another treatment agency or person.

(e) Upon transfer of a patient to another treatment agency or facility.

(4) If a defendant is to be discharged or released because of expiration of the treatment order or dismissal of the charges, the medical supervisor of treatment may file a petition prior to discharge, asserting that the defendant is a person requiring treatment or that the defendant meets the criteria for judicial admission with the probate court of the defendant's county of residence. Accompanying a petition asserting that a defendant is a person requiring treatment shall be 2 certificates, 1 of which shall have been executed by a psychiatrist.

(5) Whenever a medical supervisor of treatment is of an opinion that a defendant will not attain competence to stand trial within the time limit, he shall examine the defendant to form an opinion as to whether the individual meets the criteria as a person requiring treatment or for judicial admission. He shall report to the court the findings of the examination and the facts in reasonable detail upon which they are based, and include this in his written report to the court. Where appropriate, the medical supervisor of treatment shall also provide the necessary medical certificates.

Notes

Mich. Admin. Code R. 330.10079

1979 AC