Michigan Compiled Laws
258-1974-10-INCOMPETENCE-TO-STAND-TRIAL - Incompetence to Stand Trial (330.2020...330.2044)
Section 330.2036 - Right to Liberty Pending Trial.

Sec. 1036.
The right of the defendant to be at liberty pending trial, on bail or otherwise, shall not be impaired because the issue of incompetence to stand trial has been raised, because the defendant has been determined incompetent to stand trial, or because the defendant has been ordered to undergo treatment to render him competent to stand trial, except to the extent authorized by section 1026 for the purpose of an examination or by section 1032 for the purpose of administering a course of treatment.
History: 1974, Act 258, Eff. Aug. 6, 1975

Structure Michigan Compiled Laws

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 330.2020 - Defendant Presumed Competent to Stand Trial; Determination of Incompetency; Effect of Medication; Statement by Physician.

Section 330.2022 - Proceeding Against Incompetent Defendant Prohibited; Pretrial Motions; Preservation and Admissibility of Evidence.

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 330.2030 - Hearing; Determination; Admissibility of Report; Order for Continued Administration of Medication.

Section 330.2031 - Filing of Petition by Prosecuting Attorney.

Section 330.2032 - Ordering Treatment; Medical Supervisor; Commitment; Restriction of Movements.

Section 330.2034 - Effective Duration of Order; Notice of Dismissed Charge or Voided Orders; Filing Petition Prior to Discharge or Release.

Section 330.2036 - Right to Liberty Pending Trial.

Section 330.2038 - Reports; Admissibility.

Section 330.2040 - Redetermining Issue of Incompetence to Stand Trial; Hearing; Commencement of Trial; Modification or Continuance of Orders.

Section 330.2042 - Crediting Time Spent in Custody.

Section 330.2044 - Dismissal of Charge; Filing Same or Other Charges; Examination of Defendant as Outpatient.