MENTAL HEALTH CODE
Act 258 of 1974
330.2040 Redetermining issue of incompetence to stand trial; hearing; commencement of trial; modification or continuance of orders.
Sec. 1040.
(1) The court shall forthwith hear and redetermine the issue of the incompetence of the defendant to stand trial and, if the defendant is redetermined incompetent to stand trial, shall hear and determine whether the defendant has made progress toward attaining competence to stand trial during his course of treatment, whenever the court receives a report from the supervisor of treatment, unless the defense waives the hearing, or whenever deemed appropriate by the court.
(2) Section 1030 shall govern hearings held pursuant to this section.
(3) If the defendant is not redetermined incompetent to stand trial at a hearing held pursuant to this section, trial shall commence as soon as practicable. If the defendant is redetermined incompetent to stand trial, and if the court determines that the defendant has made progress toward attaining competence to stand trial, the court may modify or continue any orders it previously issued under section 1032.
History: 1974, Act 258, Eff. Aug. 6, 1975
Notes of Decisions
Cited in
6
cases (
1 in the last 5 years), 1979–2025 · 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 9× “2032 or MCL 330.2040], or both, shall have force and effect for a total period in excess of 15 months or V3 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.”
People v. Dobben, 488 N.W.2d 726 (Mich. 1992).
· cites it 6× “800(1030)] and [MCL 330.2040; MSA 14.800(1040)]. The foregoing bar of testimony shall not be construed to prohibit the examining qualified clinician from presenting at other stages in the criminal proceedings opinions concerning criminal responsibility, disposition, or other…”
People v. Willie Miller, 463 N.W.2d 250 (Mich. Ct. App. 1990).
· cites it 3× “800(1038); MCL 330.2040(1); MSA 14.800(1040) (1). The phrase "originally determined incompetent," as used in § 1044, refers to this series of orders which, under these statutes, may be issued periodically throughout the fifteen months.”
People v. Bowman, 367 N.W.2d 867 (Mich. Ct. App. 1985).
“MCL 330.2040; MSA 14.800(1040). Section 1034, however, limits the period during which the state may hold the defendant for treatment: *400 "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…”
People v. Stevens, 283 N.W.2d 763 (Mich. Ct. App. 1979).
“…a competency hearing. MCL 330.2030; MSA 14.800(1030). Section 1040 covers hearings on redetermination of competency. MCL 330.2040; MSA 14.800(1040).”
— Mich. Comp. Laws § 330.2040(1) — 2 cases
People v. Davis, 871 N.W.2d 392 (Mich. Ct. App. 2015).
“2032 or MCL 330.2040], or both, shall have force and effect for a total period in excess of 15 months or V3 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.”
People v. Willie Miller, 463 N.W.2d 250 (Mich. Ct. App. 1990).
“800(1038); MCL 330.2040(1); MSA 14.800(1040) (1). The phrase "originally determined incompetent," as used in § 1044, refers to this series of orders which, under these statutes, may be issued periodically throughout the fifteen months.”
— Mich. Comp. Laws § 330.2040(2) — 1 case
People v. Davis, 871 N.W.2d 392 (Mich. Ct. App. 2015).
“2032 or MCL 330.2040], or both, shall have force and effect for a total period in excess of 15 months or V3 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.”
— Mich. Comp. Laws § 330.2040(3) — 1 case
People v. Willie Miller, 463 N.W.2d 250 (Mich. Ct. App. 1990).
“800(1038); MCL 330.2040(1); MSA 14.800(1040) (1). The phrase "originally determined incompetent," as used in § 1044, refers to this series of orders which, under these statutes, may be issued periodically throughout the fifteen months.”
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