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

Mich. Comp. Laws § 330.2030 (2026)

Hearing; determination; admissibility of report; order for continued administration of medication.

✓ current as of July 2026
Find cases: SyfertCases citing this section MI-LEGlegislature.mi.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

MENTAL HEALTH CODE


Act 258 of 1974


330.2030 Hearing; determination; admissibility of report; order for continued administration of medication.

Sec. 1030.

    (1) Upon receipt of the written report, the court shall cause the defendant to appear in court and shall hold a hearing within 5 days or upon the conclusion of the case, proceeding, or other matter then before it, whichever is sooner, unless the defense or prosecution for good cause requests a delay for a reasonable time.

    (2) On the basis of the evidence admitted at the hearing, the court shall determine the issue of the incompetence of the defendant to stand trial. If the defendant is determined incompetent to stand trial, the court shall also determine whether there is a substantial probability that the defendant, if provided a course of treatment, will attain competence to stand trial within the time limit established by section 1034.

    (3) The written report shall be admissible as competent evidence in the hearing, unless the defense or prosecution objects, but not for any other purpose in the pending criminal proceeding. The defense, prosecution, and the court on its own motion may present additional evidence relevant to the issues to be determined at the hearing.

    (4) If the defendant is receiving medication and is not determined incompetent to stand trial, the court may, in order to maintain the competence of the defendant to stand trial, make such orders as it deems appropriate for the continued administration of such medication pending and during trial.

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

Notes of Decisions
Cited in 15 cases (3 in the last 5 years), 1979–2024 · leading case: People v. Davis, 871 N.W.2d 392 (Mich. Ct. App. 2015).
Sort: Relevance Newest Treatment
People v. Davis, 871 N.W.2d 392 (Mich. Ct. App. 2015). · cites it 9× “(2) [MCL 330.2030] shall govern hearings held pursuant to this section.”
People v. Dobben, 488 N.W.2d 726 (Mich. 1992). · cites it 6× “800(1028)(3) provides: The opinion concerning competency to stand trial derived from the examination may not be admitted as evidence for any purpose in the pending criminal proceedings, except on the issues to be determined in the hearings required or permitted by [MCL 330.2030;…”
People v. Hardesty, 362 N.W.2d 787 (Mich. Ct. App. 1984). · cites it 2× “The Mental Health Code permits the trial court to keep the defendant on medication in order to maintain his competence: "If the defendant is receiving medication and is not determined incompetent to stand trial, the court may, in order to maintain the competence of the defendant…”
In Re Carey, 615 N.W.2d 742 (Mich. Ct. App. 2000). “MCL 330.2030; MSA 14.800(1030). The code also contains provisions dealing with the procedure to be followed if the defendant is found incompetent.”
People v. Williams, 333 N.W.2d 577 (Mich. Ct. App. 1983). · cites it 2× “IV At a pretrial hearing on his competence to stand trial, defendant exercised his right under MCL 330.2030(3); MSA 14.800(1030)(3) to object to the introduction of the report prepared by the Center for Forensic Psychiatry pursuant to MCL 330.”
People v. Harlan, 344 N.W.2d 300 (Mich. Ct. App. 1983). “MCL 330.2030; MSA 14.800(1030) requires the trial court to hold a competency hearing within five days of receipt of the written report from the forensic center unless a reasonable delay is requested by either party for good cause.”
Detroit News, Inc. v. Recorder's Court Judge, 509 N.W.2d 894 (Mich. Ct. App. 1993). · cites it 3× “800(1028)(1), after a competency evaluation is performed, submission of the report is limited to the court, the prosecuting attorney, and defense counsel. Although the report may be admissible as evidence in the competency hearing, it is not admissible "for any other purpose in…”
People v. Stevens, 283 N.W.2d 763 (Mich. Ct. App. 1979). · cites it 2× “MCL 330.2030; MSA 14.800(1030). Section 1040 covers hearings on redetermination of competency.”
People of Michigan v. Donshey Jones (Mich. Ct. App. 2019). · cites it 2× “If the defendant is determined incompetent to stand trial, the court shall also determine whether there is a substantial probability that the defendant, if provided a course of treatment, will attain competence to stand trial within the time limit established by [MCL 330.”
People of Michigan v. Gerald Bennett (Mich. Ct. App. 2022). · cites it 2× “, quoting MCL 330.2030(2) (ellipsis in original). “A trial court’s findings of fact may not be set aside unless they are clearly erroneous.”
People of Michigan v. Gerald Bennett (Mich. Ct. App. 2022). · cites it 2× “, quoting MCL 330.2030(2) (ellipsis in original). “A trial court’s findings of fact may not be set aside unless they are clearly erroneous.”
People v. Vokes, 349 N.W.2d 819 (Mich. Ct. App. 1984). “See MCL 330.2030; MSA 14.800(1030); GCR 1963, 786.”
Show all 15 citing cases →
— Mich. Comp. Laws § 330.2030(1) — 3 cases
People v. Davis, 871 N.W.2d 392 (Mich. Ct. App. 2015). “(2) [MCL 330.2030] shall govern hearings held pursuant to this section.”
People of Michigan v. Donshey Jones (Mich. Ct. App. 2019). “If the defendant is determined incompetent to stand trial, the court shall also determine whether there is a substantial probability that the defendant, if provided a course of treatment, will attain competence to stand trial within the time limit established by [MCL 330.”
People of Michigan v. Frederick Stampone (Mich. Ct. App. 2024).
— Mich. Comp. Laws § 330.2030(2) — 4 cases
People v. Davis, 871 N.W.2d 392 (Mich. Ct. App. 2015). “(2) [MCL 330.2030] shall govern hearings held pursuant to this section.”
People of Michigan v. Gerald Bennett (Mich. Ct. App. 2022). “, quoting MCL 330.2030(2) (ellipsis in original). “A trial court’s findings of fact may not be set aside unless they are clearly erroneous.”
People of Michigan v. Gerald Bennett (Mich. Ct. App. 2022). “, quoting MCL 330.2030(2) (ellipsis in original). “A trial court’s findings of fact may not be set aside unless they are clearly erroneous.”
People of Michigan v. Donshey Jones (Mich. Ct. App. 2019). “If the defendant is determined incompetent to stand trial, the court shall also determine whether there is a substantial probability that the defendant, if provided a course of treatment, will attain competence to stand trial within the time limit established by [MCL 330.”
— Mich. Comp. Laws § 330.2030(3) — 4 cases
People v. Davis, 871 N.W.2d 392 (Mich. Ct. App. 2015). “(2) [MCL 330.2030] shall govern hearings held pursuant to this section.”
People v. Williams, 333 N.W.2d 577 (Mich. Ct. App. 1983). “IV At a pretrial hearing on his competence to stand trial, defendant exercised his right under MCL 330.2030(3); MSA 14.800(1030)(3) to object to the introduction of the report prepared by the Center for Forensic Psychiatry pursuant to MCL 330.”
Detroit News, Inc. v. Recorder's Court Judge, 509 N.W.2d 894 (Mich. Ct. App. 1993). “800(1028)(1), after a competency evaluation is performed, submission of the report is limited to the court, the prosecuting attorney, and defense counsel. Although the report may be admissible as evidence in the competency hearing, it is not admissible "for any other purpose in…”
People v. Stevens, 283 N.W.2d 763 (Mich. Ct. App. 1979). “MCL 330.2030; MSA 14.800(1030). Section 1040 covers hearings on redetermination of competency.”
— Mich. Comp. Laws § 330.2030(4) — 1 case
People v. Hardesty, 362 N.W.2d 787 (Mich. Ct. App. 1984). “The Mental Health Code permits the trial court to keep the defendant on medication in order to maintain his competence: "If the defendant is receiving medication and is not determined incompetent to stand trial, the court may, in order to maintain the competence of the defendant…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.