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

Furthermore, the bill stipulates that charges against a defendant found incompetent to stand trial must be dismissed either when the prosecutor indicates they will not pursue the case or after 15 months from the date of the defendant's incompetency determination or treatment admission. It also allows for the possibility of re-filing charges under certain conditions, particularly for felonies or misdemeanors, if the prosecutor petitions the court and the defendant is later found competent to stand trial. The amendments aim to streamline the process and ensure that defendants' rights are upheld while balancing the interests of justice.

Statutes affected:
House Introduced Bill: 330.2034, 330.2044
As Passed by the House: 330.2034, 330.2044