MENTAL HEALTH CODE
Act 258 of 1974
330.1476 Discretionary discharge; mandatory discharge; notice; statements.
Sec. 476.
(1) The hospital director may at any time discharge a voluntarily or judicially hospitalized patient whom the hospital director considers clinically suitable for discharge.
(2) The hospital director shall discharge a patient hospitalized by court order when the patient's mental condition is such that he or she no longer meets the criteria of a person requiring treatment.
(3) If a patient discharged under subsection (1) or (2) has been hospitalized by court order, or if court proceedings are pending, the court shall be notified of the discharge by the hospital.
(4) If the court orders a person to be hospitalized under an initial or continuing order for hospitalization subsequent to dismissal of felony charges under section 1044(1)(b), the court shall include both of the following statements in the initial or continuing order unless the time for petitioning to refile charges under section 1044 has elapsed:
(a) A requirement that not less than 30 days before the patient's scheduled release or discharge, the director of the treating facility shall notify the prosecutor's office in the county in which charges against the person were originally brought that the patient's release or discharge is pending.
(b) A requirement that not less than 30 days before the scheduled release or discharge, the patient to be released or discharged undergo a competency examination as described in section 1026. A copy of the written report of the examination along with the notice required in subdivision (a) shall be submitted to the prosecutor's office in the county in which the charges against the patient were originally brought. The written report is admissible as provided in section 1030(3).
History: 1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 1998, Act 382, Imd. Eff. Oct. 23, 1998
Notes of Decisions
People v. Portus (In Re Portus), 926 N.W.2d 33 (Mich. Ct. App. 2018).
· cites it 6× “2050(5) and MCL 330.1476 to MCL 330.1479. MCL 330.2050(5) provides as follows: The release provisions of [ MCL 330.”
Teasel v. Dep't of Mental Health, 355 N.W.2d 75 (Mich. 1984).
· cites it 5× “Teasel seeks, broadly stated, is hospitalization and treatment in a state institution until the condition of his health permits his discharge according to the terms of MCL 330.1476; MSA 14.800(476). Narrowly stated, the relief he seeks is an order returning him to the Clinton…”
Canon v. Thumudo, 422 N.W.2d 688 (Mich. 1988).
“See MCL 330.1476(1); MSA 14.800(476)(1). In sum, I agree with the majority that any act of a professional that deviates from professional standards is not ipso facto ministerial.”
Lm v. State of Michigan, 307 Mich. App. 685 (Mich. Ct. App. 2014).
“12 Moreover, like in Teasel, where the relevant statute required not merely any psychiatric evaluation, but an informed one, 419 Mich at 401 ; MCL 330.1476, the statute at issue in this case, MCL 380.”
People v. Williams, 580 N.W.2d 438 (Mich. Ct. App. 1998).
“” MCL 330.1476(2); MSA 14.800(476)(2), MCL 330.”
Guilbault v. Dep't of Mental Health, 408 N.W.2d 558 (Mich. Ct. App. 1987).
“Section 476 of the Mental Health Code, MCL 330.1476; MSA 14.800(476), also authorizes defendant to release patients when the patients *791 are deemed "clinically suitable for discharge.”
People v. Carson, 425 N.W.2d 548 (Mich. Ct. App. 1988).
· cites it 3× “*346 The discharge provisions are set forth in MCL 330.1476; MSA 14.800(476): (1) The director may at any time discharge a voluntarily or judicially hospitalized patient whom the director deems clinically suitable for discharge.”
In Re Wagstaff, 287 N.W.2d 339 (Mich. Ct. App. 1979).
“” MCL 330.1476(2); MSA 14.800(476X2). Thus, the state may not hold a person in involuntary hospitalization if he does not meet the § 401 standard of a person requiring treatment.”
People Ex Rel Book v. Hooker, 268 N.W.2d 698 (Mich. Ct. App. 1978).
· cites it 2× “” MCL 330.1476(2); MSA 14.800(476)(2). The issue posed is of first impression and of considerable importance to the practice in probate courts.”
in Re Charles Frederick Portus (Mich. Ct. App. 2018).
· cites it 5× “2050(5) and MCL 330.1476 to MCL 330.1479. MCL 330.2050(5) provides as follows: The release provisions of sections 476 to 479 of this act shall apply to a person found to have committed a crime by a court or jury, but who is acquitted by reason of insanity, except that a person…”
Hilbenbrand v. Smith, 446 F. Supp. 158 (E.D. Mich. 1978).
· cites it 6× “(2) The director shall discharge a patient hospitalized by court order when the patient’s mental condition is such that he no longer meets the criteria of a person requiring treatment.”
Pelichet v. Gordon (E.D. Mich. 2021).
· cites it 2× “(5) The release provisions of [ Mich. Comp. Laws §§ 330.1476 to 330.1479] shall apply to a person found to have committed a crime by a court or jury, but who is acquitted by reason of insanity, except that a person shall not be discharged or placed on leave without first being…”
— Mich. Comp. Laws § 330.1476(1) — 3 cases
Canon v. Thumudo, 422 N.W.2d 688 (Mich. 1988).
“See MCL 330.1476(1); MSA 14.800(476)(1). In sum, I agree with the majority that any act of a professional that deviates from professional standards is not ipso facto ministerial.”
Teasel v. Dep't of Mental Health, 355 N.W.2d 75 (Mich. 1984).
“Teasel seeks, broadly stated, is hospitalization and treatment in a state institution until the condition of his health permits his discharge according to the terms of MCL 330.1476; MSA 14.800(476). Narrowly stated, the relief he seeks is an order returning him to the Clinton…”
— Mich. Comp. Laws § 330.1476(2) — 6 cases
People v. Portus (In Re Portus), 926 N.W.2d 33 (Mich. Ct. App. 2018).
“2050(5) and MCL 330.1476 to MCL 330.1479. MCL 330.2050(5) provides as follows: The release provisions of [ MCL 330.”
Teasel v. Dep't of Mental Health, 355 N.W.2d 75 (Mich. 1984).
“Teasel seeks, broadly stated, is hospitalization and treatment in a state institution until the condition of his health permits his discharge according to the terms of MCL 330.1476; MSA 14.800(476). Narrowly stated, the relief he seeks is an order returning him to the Clinton…”
People v. Williams, 580 N.W.2d 438 (Mich. Ct. App. 1998).
“” MCL 330.1476(2); MSA 14.800(476)(2), MCL 330.”
In Re Wagstaff, 287 N.W.2d 339 (Mich. Ct. App. 1979).
“” MCL 330.1476(2); MSA 14.800(476X2). Thus, the state may not hold a person in involuntary hospitalization if he does not meet the § 401 standard of a person requiring treatment.”
People Ex Rel Book v. Hooker, 268 N.W.2d 698 (Mich. Ct. App. 1978).
“” MCL 330.1476(2); MSA 14.800(476)(2). The issue posed is of first impression and of considerable importance to the practice in probate courts.”
— Mich. Comp. Laws § 330.1476(3) — 1 case
Hilbenbrand v. Smith, 446 F. Supp. 158 (E.D. Mich. 1978).
“(2) The director shall discharge a patient hospitalized by court order when the patient’s mental condition is such that he no longer meets the criteria of a person requiring treatment.”
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