MENTAL HEALTH CODE
Act 258 of 1974
330.2038 Reports; admissibility.
Sec. 1038.
(1) The medical supervisor of treatment shall transmit a written report to the court, prosecuting attorney, defense counsel, and the center for forensic psychiatry:
(a) At least once every 90 days from the date of an order issued pursuant to section 1032.
(b) Whenever he is of the opinion that the defendant is no longer incompetent to stand trial.
(c) Whenever he is of the opinion that there is not a substantial probability that the defendant, with treatment, will attain competence to stand trial within the time limit established by section 1034.
(2) The reports shall be admissible pursuant to section 1030(3) and shall contain:
(a) The clinical findings of the supervisor of treatment.
(b) The facts, in reasonable detail, upon which the findings are based, and upon request of the court, defense, or prosecution additional facts germane to the findings.
(c) The opinion of the supervisor of treatment on the issue of the incompetence of the defendant to stand trial.
(d) If the opinion is that the defendant is incompetent to stand trial, the opinion of the supervisor of treatment on whether the defendant has made progress toward attaining competence to stand trial during the course of treatment.
History: 1974, Act 258, Eff. Aug. 6, 1975
Notes of Decisions
Cited in
3
cases, 1977–2015 · 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 4× “The CFP submitted its report to the court on August 8 without objection. After the August 22 hearing, the examining authority had 90 days to submit a follow-up treatment report.”
People v. Parney, 253 N.W.2d 698 (Mich. Ct. App. 1977).
“) When this language is read together with the provision detailing the duties of the medical supervisor, see MCLA 330.2038; MSA 14.800(1038), we believe it untenable that nonmedical personnel could properly be assigned as medical supervisors of treatment.”
People v. Willie Miller, 463 N.W.2d 250 (Mich. Ct. App. 1990).
· cites it 2× “800(1034)(1); MCL 330.2038; MSA *245 14.800(1038); MCL 330.”
— Mich. Comp. Laws § 330.2038(1) — 1 case
People v. Davis, 871 N.W.2d 392 (Mich. Ct. App. 2015).
“The CFP submitted its report to the court on August 8 without objection. After the August 22 hearing, the examining authority had 90 days to submit a follow-up treatment report.”
— Mich. Comp. Laws § 330.2038(l)(a) — 1 case
People v. Davis, 871 N.W.2d 392 (Mich. Ct. App. 2015).
“The CFP submitted its report to the court on August 8 without objection. After the August 22 hearing, the examining authority had 90 days to submit a follow-up treatment report.”
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.