Mich. Comp. Laws » Michigan Compiled Laws / Chapter 330 / Act 258 of 1974
Michigan Compiled Laws

Mich. Comp. Laws § 330.1458 (2026)

Jury.

✓ current as of July 2026
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MENTAL HEALTH CODE


Act 258 of 1974


330.1458 Jury.

Sec. 458.

    The subject of a petition may demand that the question of whether he requires treatment or is legally incompetent be heard by a jury. A jury shall consist of 6 persons to be chosen in the same manner as jurors in civil proceedings.

History: 1974, Act 258, Eff. Nov. 6, 1974

Notes of Decisions
Cited in 10 cases (4 in the last 5 years), 1979–2026 · leading case: People v. Portus (In Re Portus), 926 N.W.2d 33 (Mich. Ct. App. 2018).
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People v. Portus (In Re Portus), 926 N.W.2d 33 (Mich. Ct. App. 2018). · cites it 2× “2d 871 (1985), in which this Court held that there was no requirement that a jury determine the appropriate treatment for an individual, although the question whether that individual continued to require treatment was submitted to the jury pursuant to MCL 330.1458. 7 We reasoned…”
In Re Portus, 371 N.W.2d 871 (Mich. Ct. App. 1985). “This is a matter of first impression in Michigan, and we decline petitioner’s invitation to require that the jury determine his treatment and/or confinement. The circumstances here are analogous to the criminal setting, where the jury determines the guilt and then the trial…”
Chrite v. United States, 564 F. Supp. 341 (E.D. Mich. 1983). · cites it 2× “§ 330.1458]. Therefore, there appears to be no cause of action for failure to restrain Smith as such.”
In Re Wagstaff, 287 N.W.2d 339 (Mich. Ct. App. 1979). “” MCL 330.1458; MSA 14.800(458). Section 458 thus calls into play two concepts.”
In the Matter of Van Zant, 338 N.W.2d 1 (Mich. Ct. App. 1983). · cites it 2× “Respondent, having a statutory right to a jury trial in an involuntary commitment hearing, MCL 330.1458; MSA 14.800(458), waived this right.”
In Re Noah J Scoby (Mich. Ct. App. 2022). · cites it 4× “” This standard is mirrored by MCL 330.1458, which states that “[t]he subject of a petition may demand that the question of whether he requires treatment or is legally incompetent be heard by a jury.”
In Re Mat (Mich. Ct. App. 2024). · cites it 4× “” MCL 330.1458. The trial court must give the respondent “notice of the right to demand a jury trial.”
In Re Lr (Mich. Ct. App. 2026). · cites it 2× “) See also MCL 330.1458. Accordingly, the Michigan Constitution, the Mental Health Code, and the applicable court rules all clearly provide that a right to a jury trial is only available if a demand is made.”
in Re Charles Frederick Portus (Mich. Ct. App. 2018). “7 MCL 330.1458 currently provides, as it did at the time that Portus was decided: The subject of a petition may demand that the question of whether he requires treatment or is legally incompetent be heard by a jury.”
In Re Ecd (Mich. Ct. App. 2025). “10 Under the 9 Respondent had the right to a jury trial, MCL 330.1458 and MCR 5.740, but failed to timely request one.”
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