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

Mich. Comp. Laws § 330.2031 (2026)

Filing of petition by prosecuting attorney.

✓ current as of July 2026
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MENTAL HEALTH CODE


Act 258 of 1974


330.2031 Filing of petition by prosecuting attorney.

Sec. 1031.

    If the defendant is determined incompetent to stand trial, and if the court determines that there is not a substantial probability that, if provided a course of treatment, he will attain competence to stand trial within the time limit established by section 1034, the court may direct a prosecuting attorney to file a petition asserting that the defendant is a person requiring treatment as defined by section 401 or meets the criteria for judicial admission as defined by section 515 with the probate court of the defendant's county of residence.

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

Notes of Decisions
Cited in 7 cases (2 in the last 5 years), 1977–2022 · leading case: People v. Davis, 871 N.W.2d 392 (Mich. Ct. App. 2015).
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People v. Davis, 871 N.W.2d 392 (Mich. Ct. App. 2015). “In the event the court determines that the defendant cannot be rendered competent to stand trial within 15 months, MCL 330.2031 permits the court to direct the prosecution to pursue civil commitment procedures: [T]he court may direct a prosecuting attorney to file a petition…”
People v. Parney, 253 N.W.2d 698 (Mich. Ct. App. 1977). “See MCLA 330.2031; MSA 14.800(1031) and MCLA 330.”
In re Blackshear, 262 Mich. App. 101 (Mich. Ct. App. 2004). “Specifically, MCL 330.2031 provides: If the [adult] defendant is determined incompetent to stand trial, and if the court determines that there is not a substantial probability that, if provided a course of treatment, he will attain competence to stand trial within the time limit…”
Matter of Blackshear, 686 N.W.2d 280 (Mich. Ct. App. 2004). “2031 provides: If the [adult] defendant is determined incompetent to stand trial, and if the court determines that there is not a substantial probability that, if provided a course of treatment, he will attain competence to stand trial within the time limit established by…”
People of Michigan v. Donshey Jones (Mich. Ct. App. 2019). · cites it 2× “Again, the 2 MCL 330.2031 provides: “the court may direct a prosecuting attorney to file a petition asserting that the defendant is a person requiring treatment as defined by [MCL 330.”
People of Michigan v. Gerald Bennett (Mich. Ct. App. 2022). “[MCL 330.2031.] Here, the trial court was presented with conflicting expert opinions and the trial court’s well-reasoned decision rested on its factual findings resulting from its resolution of the conflicting evidence, its weighing of the evidence, and its credibility…”
People of Michigan v. Gerald Bennett (Mich. Ct. App. 2022). “[MCL 330.2031.] Here, the trial court was presented with conflicting expert opinions and the trial court’s well-reasoned decision rested on its factual findings resulting from its resolution of the conflicting evidence, its weighing of the evidence, and its credibility…”
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