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

Mich. Comp. Laws § 330.2022 (2026)

Proceeding against incompetent defendant prohibited; pretrial motions; preservation and admissibility of evidence.

✓ current as of July 2026
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MENTAL HEALTH CODE


Act 258 of 1974


330.2022 Proceeding against incompetent defendant prohibited; pretrial motions; preservation and admissibility of evidence.

Sec. 1022.

    (1) A defendant who is determined incompetent to stand trial shall not be proceeded against while he is incompetent.

    (2) Any pretrial motion may be made by either the defense or prosecution while a defendant is incompetent to stand trial, and the issues presented by the motion shall be heard and decided if the presence of the defendant is not essential for a fair hearing and decision on the motion.

    (3) When it appears that evidence essential to the case the defense or prosecution plans to present might not be available at the time of trial, the court shall allow such evidence to be taken and preserved. Evidence so taken shall be admissible at the trial only if it is not otherwise available. Procedures for the taking and preserving of evidence under this subsection, and the conditions under which such evidence shall be admissible at trial, shall be provided by court rule.

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

Notes of Decisions
Cited in 33 cases (12 in the last 5 years), 1977–2025 · leading case: People v. Kammeraad, 858 N.W.2d 490 (Mich. Ct. App. 2014).
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People v. Kammeraad, 858 N.W.2d 490 (Mich. Ct. App. 2014). “” MCL 330.2022(1). MCR 6.125 addresses mental competency hearings in criminal cases, and subrule (B) provides: *138 The issue of the defendant’s competence to stand trial or to participate in other criminal proceedings may be raised at any time during the proceedings against the…”
Curran v. City of Dearborn, 957 F. Supp. 2d 877 (E.D. Mich. 2013). · cites it 2× “No determination of incompetency was ever made, and the court proceeded to adjudicate the case on March 31 and April 7, 2009, ultimately dismissing it.”
People v. Harris, 460 N.W.2d 239 (Mich. Ct. App. 1990). “A criminal defendant is presumed competent to stand trial absent a showing that "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.”
People v. Davis, 871 N.W.2d 392 (Mich. Ct. App. 2015). “” MCL 330.2022(1). Once a defendant becomes competent, the prosecution may go forward.”
People v. Shahideh, 758 N.W.2d 536 (Mich. 2008). “" Pursuant to MCL 330.2022(1), "[a] defendant who is determined incompetent to stand trial shall not be proceeded against while he is incompetent.”
People v. Parney, 253 N.W.2d 698 (Mich. Ct. App. 1977). “” MCLA 330.2022(1); MSA 14.800(1022X1). We believe that this right of a defendant to avoid prosecution while incompetent is one "grounded in the due process clause” and in the foregoing statute.”
People v. Thomas, 292 N.W.2d 523 (Mich. Ct. App. 1980). “4 MCL 330.2022; MSA 14.800(1022). 5 People v Hamm, 79 Mich App 281, 288 ; 261 NW2d 288 (1977).”
People v. Abernathy, 396 N.W.2d 436 (Mich. Ct. App. 1985). “MCL 330.2022(2); MSA 14.800(1022X2); GCR 1963, 786.”
People v. Hall, 293 N.W.2d 742 (Mich. Ct. App. 1980). “People v Parney, 74 Mich App 173, 176 ; 253 NW2d 698 (1977), MCL 330.2022(1); MSA 14.800(1022)(1). The prosecution bases its argument on the plea- *146 waiver doctrine, which holds generally that a plea of guilty waives all nonjurisdictional defects in the prior proceedings.”
People v. Willie Miller, 463 N.W.2d 250 (Mich. Ct. App. 1990). · cites it 2× “MCL 330.2022(1); MSA 14.800(1022)(1). When the defendant is later determined competent, the "trial shall commence as soon as practicable.”
People v. Stolze, 299 N.W.2d 61 (Mich. Ct. App. 1980). “800(1020X1), MCL 330.2022(1); MSA 14.800(1022X1). We disagree.”
People of Michigan v. Kenneth Baldridge Jr (Mich. Ct. App. 2016). “” MCL 330.2022(1). The statute governing incompetency requires the following: A defendant to a criminal charge shall be presumed competent to stand trial.”
Show all 33 citing cases →
— Mich. Comp. Laws § 330.2022(1) — 30 cases
People v. Kammeraad, 858 N.W.2d 490 (Mich. Ct. App. 2014). “” MCL 330.2022(1). MCR 6.125 addresses mental competency hearings in criminal cases, and subrule (B) provides: *138 The issue of the defendant’s competence to stand trial or to participate in other criminal proceedings may be raised at any time during the proceedings against the…”
People v. Harris, 460 N.W.2d 239 (Mich. Ct. App. 1990). “A criminal defendant is presumed competent to stand trial absent a showing that "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.”
People v. Davis, 871 N.W.2d 392 (Mich. Ct. App. 2015). “” MCL 330.2022(1). Once a defendant becomes competent, the prosecution may go forward.”
People v. Shahideh, 758 N.W.2d 536 (Mich. 2008). “" Pursuant to MCL 330.2022(1), "[a] defendant who is determined incompetent to stand trial shall not be proceeded against while he is incompetent.”
People v. Parney, 253 N.W.2d 698 (Mich. Ct. App. 1977). “” MCLA 330.2022(1); MSA 14.800(1022X1). We believe that this right of a defendant to avoid prosecution while incompetent is one "grounded in the due process clause” and in the foregoing statute.”
— Mich. Comp. Laws § 330.2022(2) — 1 case
People v. Abernathy, 396 N.W.2d 436 (Mich. Ct. App. 1985). “MCL 330.2022(2); MSA 14.800(1022X2); GCR 1963, 786.”
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