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

Mich. Comp. Laws § 330.2020 (2026)

Defendant presumed competent to stand trial; determination of incompetency; effect of medication; statement by physician.

✓ current as of July 2026
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MENTAL HEALTH CODE


Act 258 of 1974


330.2020 Defendant presumed competent to stand trial; determination of incompetency; effect of medication; statement by physician.

Sec. 1020.

    (1) A defendant to a criminal charge shall be presumed competent to stand trial. He shall be determined incompetent to stand trial only if he is incapable because of his mental condition of understanding the nature and object of the proceedings against him or of assisting in his defense in a rational manner. The court shall determine the capacity of a defendant to assist in his defense by his ability to perform the tasks reasonably necessary for him to perform in the preparation of his defense and during his trial.

    (2) A defendant shall not be determined incompetent to stand trial because psychotropic drugs or other medication have been or are being administered under proper medical direction, and even though without such medication the defendant might be incompetent to stand trial. However, when the defendant is receiving such medication, the court may, prior to making its determination on the issue of incompetence to stand trial, require the filing of a statement by the treating physician that such medication will not adversely affect the defendant's understanding of the proceedings or his ability to assist in his defense.

History: 1974, Act 258, Eff. Aug. 6, 1975

Notes of Decisions
Cited in 100 cases (21 in the last 5 years), 1975–2025 · leading case: People v. Cox, 709 N.W.2d 152 (Mich. Ct. App. 2006).
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People v. Cox, 709 N.W.2d 152 (Mich. Ct. App. 2006). · cites it 4× “Contrast MCL 330.2020(1) (a defendant is incompetent to stand trial, and, by analogy, to enter a plea, "only if he is incapable because of his mental condition of understanding the nature and object of the proceedings against him or of assisting in his defense in a rational…”
People v. Abraham, 662 N.W.2d 836 (Mich. Ct. App. 2003). · cites it 2× “MCL 330.2020(1); People v. Harris, 185 Mich.”
People v. McSwain, 676 N.W.2d 236 (Mich. Ct. App. 2004). · cites it 4× “In 1988, the standard for competency to stand trial was set forth in MCL 330.2020, which provided: (1) A defendant to a criminal charge shall be presumed competent to stand trial.”
People v. Kammeraad, 858 N.W.2d 490 (Mich. Ct. App. 2014). · cites it 3× “He shall be determined incompetent to stand trial only if he is incapable because of his mental condition of understanding the nature and object of the proceedings against him or of assisting in his defense in a rational manner.”
Kevin Krohn v. Home-Owners Ins Co, 802 N.W.2d 281 (Mich. 2011). · cites it 2× “321(5), the competence of a criminal defendant, MCL 330.2020(1), water and sewer board decisions, MCL 333.”
In Re Carey, 615 N.W.2d 742 (Mich. Ct. App. 2000). · cites it 4× “3178(598.1)(2). Thus, the questions before this Court are (1) whether due process demands that a competency determination be made before a questionably competent juvenile is subjected to the adjudicative phase of a delinquency proceeding, and (2) if such a right exists, whether…”
People v. Hardesty, 362 N.W.2d 787 (Mich. Ct. App. 1984). · cites it 4× “" MCL 330.2020(2); MSA 14.800(1020)(2). As previously noted, defendant was originally found incompetent, then competent, then incompetent again, and finally competent after he was placed on biweekly injections of Prolixin at the Forensic Center.”
Cooper v. Oklahoma, 517 U.S. 348 (1996). “1995); Mich. Comp. Laws §330.2020 (1992); State v.”
People v. Davis, 871 N.W.2d 392 (Mich. Ct. App. 2015). · cites it 3× “STATUTORY RUBRIC In Michigan, the competence of criminal defendants to stand trial is governed by provisions of the Mental Health Code, MCL 330.2020 et seq. As a general rule, a criminal defendant is “presumed competent to stand trial.”
In Re Amb, 640 N.W.2d 262 (Mich. Ct. App. 2002). “139 See MCL 330.2020 et seq. 140 See Trowel v Granville, 530 US 57, 64-65 ; 120 S Ct 2054 ; 147 L Ed 2d 49 (2000).”
People v. Mette, 621 N.W.2d 713 (Mich. Ct. App. 2001). “800(1020), a defendant is presumed competent to stand trial unless his mental condition prevents him from understanding the nature and object of the proceedings against him or the court determines he is unable to assist in his .defense. A defendant is not considered incompetent…”
People v. Dobben, 488 N.W.2d 726 (Mich. 1992). · cites it 2× “" MCL 330.2020(1); MSA 14.800(1020)(1). [6] Under MCL 768.”
Show all 100 citing cases →
— Mich. Comp. Laws § 330.2020(1) — 67 cases
People v. Cox, 709 N.W.2d 152 (Mich. Ct. App. 2006). “Contrast MCL 330.2020(1) (a defendant is incompetent to stand trial, and, by analogy, to enter a plea, "only if he is incapable because of his mental condition of understanding the nature and object of the proceedings against him or of assisting in his defense in a rational…”
People v. Abraham, 662 N.W.2d 836 (Mich. Ct. App. 2003). “MCL 330.2020(1); People v. Harris, 185 Mich.”
People v. Kammeraad, 858 N.W.2d 490 (Mich. Ct. App. 2014). “He shall be determined incompetent to stand trial only if he is incapable because of his mental condition of understanding the nature and object of the proceedings against him or of assisting in his defense in a rational manner.”
Kevin Krohn v. Home-Owners Ins Co, 802 N.W.2d 281 (Mich. 2011). “321(5), the competence of a criminal defendant, MCL 330.2020(1), water and sewer board decisions, MCL 333.”
In Re Carey, 615 N.W.2d 742 (Mich. Ct. App. 2000). “3178(598.1)(2). Thus, the questions before this Court are (1) whether due process demands that a competency determination be made before a questionably competent juvenile is subjected to the adjudicative phase of a delinquency proceeding, and (2) if such a right exists, whether…”
— Mich. Comp. Laws § 330.2020(2) — 5 cases
People v. Hardesty, 362 N.W.2d 787 (Mich. Ct. App. 1984). “" MCL 330.2020(2); MSA 14.800(1020)(2). As previously noted, defendant was originally found incompetent, then competent, then incompetent again, and finally competent after he was placed on biweekly injections of Prolixin at the Forensic Center.”
People v. Parney, 253 N.W.2d 698 (Mich. Ct. App. 1977).
People of Michigan v. Michael Brian McJunkin (Mich. Ct. App. 2018).
People of Michigan v. Michael Brian McJunkin (Mich. Ct. App. 2018).
People of Michigan v. Kenneth Baldridge Jr (Mich. Ct. App. 2016).
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