Michigan Compiled Laws
258-1974-10-DISPOSITION-OF-PERSONS-FOUND-NOT-GUILTY-BY-REASON-OF - Disposition of Persons Found Not Guilty by Reason of Insanity (330.2050...330.2074)
Section 330.2062 - Competency of Juvenile; Presumption; Order to Determine Competency During Proceeding.

Sec. 1062.
(1) A juvenile 10 years of age or older is presumed competent to proceed unless the issue of competency is raised by a party. A juvenile less than 10 years of age is presumed incompetent to proceed.
(2) The court may order upon its own motion, or at the request of the juvenile, the juvenile's attorney, or the prosecuting attorney, a competency evaluation to determine whether the juvenile is incompetent to proceed if the juvenile is the subject of a delinquency petition in the court or if the juvenile is under the court's jurisdiction under section 2(a)(2) to (4) of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2. The issue of the juvenile's competency may be raised by the court before which the proceedings are pending or being held, or by motion of a party, at any time during the proceeding.
(3) At the time an issue of the juvenile's competency is raised, the delinquency proceeding shall temporarily cease until determination is made on the competence of the juvenile according to this act.
History: Add. 2012, Act 540, Eff. Mar. 28, 2013

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-DISPOSITION-OF-PERSONS-FOUND-NOT-GUILTY-BY-REASON-OF - Disposition of Persons Found Not Guilty by Reason of Insanity (330.2050...330.2074)

Section 330.2050 - Person Acquitted of Criminal Charge by Reason of Insanity; Commitment to Center for Forensic Psychiatry; Record; Examination and Evaluation; Report; Opinion; Certificates; Petition; Retention or Discharge of Person; Applicability o...

Section 330.2060 - Meanings of Words and Phrases.

Section 330.2060a - Definitions; C to J.

Section 330.2060b - Definitions; L to Q.

Section 330.2060c - Definitions; R, S.

Section 330.2062 - Competency of Juvenile; Presumption; Order to Determine Competency During Proceeding.

Section 330.2064 - Competency Evaluation; Conduct by Qualified Forensic Mental Health Examiner; Expert Witness; Additional Evaluations at Party's Expense; Conduct in Least Restrictive Environment.

Section 330.2066 - Providing Information Relating to Competency; Submission of Report and Comment to Court by Qualified Forensic Mental Health Examiner; Extension; Copies of Report to Be Provided to Certain Individuals.

Section 330.2068 - Competency Hearing.

Section 330.2070 - Competency Evaluations; Self-Incrimination; Evidence or Statements Inadmissible in Proceeding Determining Responsibility; Sealing Reports; Order to Open Reports; Purposes; Confidentiality; Disclosure.

Section 330.2072 - Training Program for Juvenile Forensic Mental Health Examiners.

Section 330.2074 - Court Finding That Juvenile May Be Restored to Competency in Foreseeable Future; Restoration Order; Renewal; Report That Substantial Probability That Juvenile Will Remain Incompetent; Actions of Court; Order to Provide Treatment; R...