MENTAL HEALTH CODE
Act 258 of 1974
330.2034 Effective duration of order; notice of dismissed charge or voided orders; filing petition prior to discharge or release.
Sec. 1034.
(1) No order or combination of orders issued under section 1032 or 1040, or both, shall have force and effect for a total period in excess of 15 months or 1/3 of the maximum sentence the defendant could receive if convicted of the charges against him, whichever is lesser; nor after the charges against the defendant are dismissed.
(2) The court shall provide for notification of defense counsel, the prosecution, and the medical supervisor of treatment whenever the charges against the defendant are dismissed and whenever an order whose stated time period has not elapsed is voided by the court.
(3) If the defendant is to be discharged or released because of the expiration of an order or orders under section 1032 or 1040, the supervisor of treatment prior to the discharge or release may 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
6
cases, 1977–2019 · leading case:
People v. Davis, 871 N.W.2d 392 (Mich. Ct. App. 2015).
People v. Davis, 871 N.W.2d 392 (Mich. Ct. App. 2015).
· cites it 7× “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 compe *289 tence to stand trial within the time limit established by [MCL…”
People v. Miller, 489 N.W.2d 60 (Mich. 1992).
· cites it 2× “" MCL 330.2034(1); MSA 14.800(1034)(1). If the court cannot make that determination, the defendant may be subjected to civil process, but may not be committed for treatment.”
People v. Parney, 253 N.W.2d 698 (Mich. Ct. App. 1977).
“For example, if after a judicial determination of a defendant’s incompetence the court believes that there is a substantial probability that treatment would render defendant competent within the time limitations of MCLA 330.2034(1); MSA 14.800(1034)(1), then MCLA 330.”
People v. Willie Miller, 463 N.W.2d 250 (Mich. Ct. App. 1990).
· cites it 2× “800(1032)(1); MCL 330.2034(1); MSA 14.800(1034)(1); MCL 330.”
People v. Bowman, 367 N.W.2d 867 (Mich. Ct. App. 1985).
“” MCL 330.2034(1); MSA 14.800(2034X1). According to the unambiguous language of § 1034, the period during which "orders” for treatment will be given force and effect is limited to 15 months.”
People of Michigan v. Donshey Jones (Mich. Ct. App. 2019).
· cites it 2× “] -2- If the court determines that the defendant is currently incompetent to stand trial, but there is a substantial probability that, if provided a course of treatment, the defendant will attain competence to stand trial within the time limit established by section MCL…”
— Mich. Comp. Laws § 330.2034(1) — 6 cases
People v. Davis, 871 N.W.2d 392 (Mich. Ct. App. 2015).
“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 compe *289 tence to stand trial within the time limit established by [MCL…”
People v. Miller, 489 N.W.2d 60 (Mich. 1992).
“" MCL 330.2034(1); MSA 14.800(1034)(1). If the court cannot make that determination, the defendant may be subjected to civil process, but may not be committed for treatment.”
People v. Parney, 253 N.W.2d 698 (Mich. Ct. App. 1977).
“For example, if after a judicial determination of a defendant’s incompetence the court believes that there is a substantial probability that treatment would render defendant competent within the time limitations of MCLA 330.2034(1); MSA 14.800(1034)(1), then MCLA 330.”
People v. Willie Miller, 463 N.W.2d 250 (Mich. Ct. App. 1990).
“800(1032)(1); MCL 330.2034(1); MSA 14.800(1034)(1); MCL 330.”
People v. Bowman, 367 N.W.2d 867 (Mich. Ct. App. 1985).
“” MCL 330.2034(1); MSA 14.800(2034X1). According to the unambiguous language of § 1034, the period during which "orders” for treatment will be given force and effect is limited to 15 months.”
— Mich. Comp. Laws § 330.2034(3) — 1 case
People v. Davis, 871 N.W.2d 392 (Mich. Ct. App. 2015).
“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 compe *289 tence to stand trial within the time limit established by [MCL…”
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