The bill amends the Mental Health Code of Michigan, specifically sections 1034 and 1044, to clarify the conditions under which orders related to defendants deemed incompetent to stand trial are effective. It stipulates that such orders must only remain in effect for a maximum of 15 months after the defendant's admission for treatment or one-third of the maximum sentence for the charges, whichever is lesser. Additionally, the court is required to notify relevant parties when charges are dismissed or when an order is voided before its stated time period has elapsed.

Furthermore, the bill outlines the circumstances under which charges against a defendant determined incompetent to stand trial must be dismissed. Charges must be dismissed if the prosecutor indicates they will not pursue the case or if 15 months have passed since the defendant was found incompetent. It also establishes that if charges are dismissed, they cannot be refiled unless specific conditions are met, such as the defendant being found competent again. The bill includes provisions for the court to grant permission to refile charges after a hearing, ensuring that the defendant's competency is assessed before any further legal action is taken.

Statutes affected:
House Introduced Bill: 330.2034, 330.2044