Sec. 1068.
(1) Not later than 30 days after a report is filed under section 1066, the court shall hold a hearing to determine if a juvenile is competent to proceed. At the hearing, the parties may introduce other evidence regarding the juvenile's mental condition or may submit the matter by written stipulation based on the filed report.
(2) Upon a finding by the court that a juvenile is incompetent to proceed and a finding that there is a substantial probability that the juvenile will remain incompetent to proceed for the foreseeable future or within the period of the restoration order, the court shall dismiss with prejudice the charges against the juvenile and may determine custody of the juvenile.
(3) The qualified forensic mental health examiner appointed by the court to determine the juvenile's mental condition shall be allowed reasonable fees for services rendered.
History: Add. 2012, Act 540, Eff. Mar. 28, 2013
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)
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 330.2068 - Competency Hearing.
Section 330.2072 - Training Program for Juvenile Forensic Mental Health Examiners.