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

Mich. Comp. Laws § 330.2024 (2026)

Raising issue of incompetence to stand trial.

✓ current as of July 2026
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MENTAL HEALTH CODE


Act 258 of 1974


330.2024 Raising issue of incompetence to stand trial.

Sec. 1024.

    The issue of incompetence to stand trial may be raised by the defense, court, or prosecution. The time and form of the procedure for raising the issue shall be provided by court rule.

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

Notes of Decisions
Cited in 23 cases (5 in the last 5 years), 1990–2025 · 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 330.2024. “On a showing that the defendant may be incompetent to stand trial, the court must order the defendant to undergo an examination by a certified or licensed examiner of the center for forensic psychiatry or other facility officially certified by the department of…”
In Re Carey, 615 N.W.2d 742 (Mich. Ct. App. 2000). “If there is a showing that the defendant may be incompetent, the court must order the defendant to undergo an examination by either the Center for Forensic Psychiatry or another facility officially certified by the Department of Mental Health to perform competency examinations.”
People v. Harris, 460 N.W.2d 239 (Mich. Ct. App. 1990). “” MCL 330.2020(1); MSA 14.800(1020)(1). An incompetent defendant "shall not be proceeded against while he is incompetent.”
People v. Davis, 871 N.W.2d 392 (Mich. Ct. App. 2015). “MCL 330.2024. When the issue arises, the court must order the defendant’s examination by the CFP or other qualified facility.”
People of Michigan v. Kenneth Baldridge Jr (Mich. Ct. App. 2016). “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.”
People of Michigan v. Kimani Jamal Stoudemire (Mich. Ct. App. 2017). “MCL 330.2024. A trial court has the duty of raising the issue of incompetence where facts are brought to its attention which raise a “bona fide doubt” as to the defendant's competence.”
People of Michigan v. Richard Daniel Clay (Mich. Ct. App. 2017). “2020(1), and it is up to the court, defense counsel, or the prosecution to raise the issue of incompetence, MCL 330.2024. The issue of defendant’s competence to stand trial or participate in other criminal proceedings may be raised at any time.”
People of Michigan v. Richard Daniel Clay (Mich. Ct. App. 2017). “2020(1), and it is up to the court, defense counsel, or the prosecution to raise the issue of incompetence, MCL 330.2024. The issue of defendant’s competence to stand trial or participate in other criminal proceedings may be raised at any time.”
People of Michigan v. Robert Terrail Williams (Mich. Ct. App. 2017). “” MCL 330.2024. However, “[t]he issue of competence can only be raised by evidence of incompetence.”
People of Michigan v. Robert Terrail Williams (Mich. Ct. App. 2017). “” MCL 330.2024. However, “[t]he issue of competence can only be raised by evidence of incompetence.”
People of Michigan v. Ralph Harvey Cottenham (Mich. Ct. App. 2018). “MCL 330.2024. When the issue arises, the court must order the defendant’s examination by the [Center for Forensic Psychiatry] or other qualified facility.”
People of Michigan v. Ralph Harvey Cottenham (Mich. Ct. App. 2018). “MCL 330.2024. When the issue arises, the court must order the defendant’s examination by the [Center for Forensic Psychiatry] or other qualified facility.”
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