Sec. 1031.
If the defendant is determined incompetent to stand trial, and if the court determines that there is not a substantial probability that, if provided a course of treatment, he will attain competence to stand trial within the time limit established by section 1034, the court may direct a prosecuting attorney to file a petition asserting that the defendant is a person requiring treatment as defined by section 401 or meets the criteria for judicial admission as defined by section 515 with the probate court of the defendant's county of residence.
History: 1974, Act 258, Eff. Aug. 6, 1975
Structure Michigan Compiled Laws
Chapter 330 - Mental Health Code
Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106)
258-1974-10 - Chapter 10 Criminal Provisions (330.2000...330.2074)
258-1974-10-INCOMPETENCE-TO-STAND-TRIAL - Incompetence to Stand Trial (330.2020...330.2044)
Section 330.2024 - Raising Issue of Incompetence to Stand Trial.
Section 330.2026 - Examination of Defendant.
Section 330.2028 - Consultations; Report; Admissibility of Evidence.
Section 330.2031 - Filing of Petition by Prosecuting Attorney.
Section 330.2032 - Ordering Treatment; Medical Supervisor; Commitment; Restriction of Movements.
Section 330.2036 - Right to Liberty Pending Trial.
Section 330.2038 - Reports; Admissibility.