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

Mich. Comp. Laws § 330.2026 (2026)

Examination of defendant.

✓ current as of July 2026
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MENTAL HEALTH CODE


Act 258 of 1974


330.2026 Examination of defendant.

Sec. 1026.

    (1) Upon a showing that the defendant may be incompetent to stand trial, the court shall order the defendant to undergo an examination by personnel of either the center for forensic psychiatry or other facility officially certified by the department of mental health to perform examinations relating to the issue of incompetence to stand trial. The defendant shall make himself available for the examination at the places and times established by the center or other certified facility. If the defendant, after being notified, fails to make himself available for the examination, the court may order his commitment to the center or other facility without a hearing.

    (2) When the defendant is to be held in a jail or similar place of detention pending trial, the center or other facility may perform the examination in the jail or may notify the sheriff to transport the defendant to the center or other facility for the examination, and the sheriff shall return the defendant to the jail upon completion of the examination.

    (3) Except as provided in subsection (1), when the defendant is not to be held in a jail or similar place of detention pending trial, the court shall commit him to the center or other facility only when the commitment is necessary for the performance of the examination.

    (4) The defendant shall be released by the center or other facility upon completion of the examination.

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

Notes of Decisions
Cited in 26 cases (2 in the last 5 years), 1976–2024 · leading case: In Re Carey, 615 N.W.2d 742 (Mich. Ct. App. 2000).
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In Re Carey, 615 N.W.2d 742 (Mich. Ct. App. 2000). · cites it 4× “MCL 330.2026; MSA 14.800(1026). The facility performing the examination must submit a report to the court containing its findings and opinion regarding competency.”
People v. Davis, 871 N.W.2d 392 (Mich. Ct. App. 2015). · cites it 4× “The defendant’s time spent incarcerated or institutionalized because of orders issued under MCL 330.2026, MCL 330.2032, or MCL 330.2040 is not simply wasted time; it may be credited against the defendant’s eventual sentence.”
People v. Kammeraad, 858 N.W.2d 490 (Mich. Ct. App. 2014). ““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 mental health to…”
People v. Parney, 253 N.W.2d 698 (Mich. Ct. App. 1977). · cites it 3× “2026, we believe, is the assumption that the "personnel” of the forensic center chosen "to perform examinations relating to the issue of incompetence to stand trial” must be minimally qualified to do so. 2 Other than the fact of her employment with the forensic center, we glean…”
People v. Dobben, 488 N.W.2d 726 (Mich. 1992). · cites it 2× “[4] MCL 330.2026; MSA 14.800(1026). [5] MCL 330.”
People v. Newton, 446 N.W.2d 487 (Mich. Ct. App. 1989). “Upon a showing that the defendant may be incompetent to stand trial, the court shall order the defendant to undergo an examination by personnel of either the Center for Forensic Psychiatry or other facility officially certified by the Department of Mental Health to perform…”
In re Blackshear, 262 Mich. App. 101 (Mich. Ct. App. 2004). · cites it 2× “Here, the court relied on the decision in Carey , and looked to MCL 330.2026(1) for guidance to secure forensic evaluations to determine the competency of the juveniles to stand trial.”
People v. Whyte, 418 N.W.2d 484 (Mich. Ct. App. 1988). · cites it 2× “Defendant claims that since there was a showing that he may have been incompetent, the trial court was obliged sua sponte to order that a psychiatric examination of defendant take place prior to accepting his plea.”
People v. Harlan, 344 N.W.2d 300 (Mich. Ct. App. 1983). “800(1028), when a defendant is ordered to undergo a competency examination pursuant to MCL 330.2026; MSA 14.800(1026), as was the case here, the examination is to be performed and a written report submitted within 60 days.”
Matter of Blackshear, 686 N.W.2d 280 (Mich. Ct. App. 2004). · cites it 2× “2026(1) provides: Upon a showing that the defendant may be incompetent to stand trial, the court shall order the defendant to undergo an examination by personnel of either the center for forensic psychiatry or other facility officially certified by the department of mental…”
People v. Lamont Crawford, 239 N.W.2d 670 (Mich. Ct. App. 1976). “3 MCLA 330.2026; MSA 14.800(1026). 4 It could conceivably be argued that these reports were admissible for the non-hearsay purpose of showing their effect upon the reader, i.”
People v. Walker, 270 N.W.2d 498 (Mich. Ct. App. 1978). · cites it 3× “Further, we disagree with People v Lamont Crawford, 66 Mich App 581 ; 239 NW2d 670 (1976), to the extent it holds that any member of the forensic center staff, under MCLA 330.2026; MSA 14.800(1026), may determine a defendant’s competence to stand trial.”
Show all 26 citing cases →
— Mich. Comp. Laws § 330.2026(1) — 14 cases
In Re Carey, 615 N.W.2d 742 (Mich. Ct. App. 2000). “MCL 330.2026; MSA 14.800(1026). The facility performing the examination must submit a report to the court containing its findings and opinion regarding competency.”
People v. Kammeraad, 858 N.W.2d 490 (Mich. Ct. App. 2014). ““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 mental health to…”
People v. Davis, 871 N.W.2d 392 (Mich. Ct. App. 2015). “The defendant’s time spent incarcerated or institutionalized because of orders issued under MCL 330.2026, MCL 330.2032, or MCL 330.2040 is not simply wasted time; it may be credited against the defendant’s eventual sentence.”
People v. Newton, 446 N.W.2d 487 (Mich. Ct. App. 1989). “Upon a showing that the defendant may be incompetent to stand trial, the court shall order the defendant to undergo an examination by personnel of either the Center for Forensic Psychiatry or other facility officially certified by the Department of Mental Health to perform…”
In re Blackshear, 262 Mich. App. 101 (Mich. Ct. App. 2004). “Here, the court relied on the decision in Carey , and looked to MCL 330.2026(1) for guidance to secure forensic evaluations to determine the competency of the juveniles to stand trial.”
— Mich. Comp. Laws § 330.2026(2) — 3 cases
People v. Davis, 871 N.W.2d 392 (Mich. Ct. App. 2015). “The defendant’s time spent incarcerated or institutionalized because of orders issued under MCL 330.2026, MCL 330.2032, or MCL 330.2040 is not simply wasted time; it may be credited against the defendant’s eventual sentence.”
People of Michigan v. Ralph Harvey Cottenham (Mich. Ct. App. 2018).
People of Michigan v. Ralph Harvey Cottenham (Mich. Ct. App. 2018).
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