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

Mich. Comp. Laws § 330.2044 (2026)

Dismissal of charge; filing same or other charges; examination of defendant as outpatient.

✓ current as of July 2026
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MENTAL HEALTH CODE


Act 258 of 1974


330.2044 Dismissal of charge; filing same or other charges; examination of defendant as outpatient.

Sec. 1044.

    (1) The charges against a defendant determined incompetent to stand trial shall be dismissed:

    (a) When the prosecutor notifies the court of his intention not to prosecute the case; or

    (b) Fifteen months after the date on which the defendant was originally determined incompetent to stand trial.

    (2) When charges are dismissed pursuant to subsection (1), the same charges, or other charges arising from the transaction which gave rise to the dismissed charges, shall not subsequently be filed against the defendant, except as provided in this section.

    (3) If the charges were dismissed pursuant to subsection (1) (b) and if the crime charged was punishable by a sentence of life imprisonment, the prosecutor may at any time petition the court for permission to again file charges. In the case of other charges dismissed pursuant to subsection (1) (b), the prosecutor may, within that period of time after the charges were dismissed equal to 1/3 of the maximum sentence that the defendant could receive on the charges, petition the court for permission to again file charges.

    (4) The court shall grant permission to again file charges if after a hearing it determines that the defendant is competent to stand trial. Prior to the hearing, the court may order the defendant to be examined by personnel of the center for forensic psychiatry or other qualified person as an outpatient, but may not commit the defendant to the center or any other facility for the examination.

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

Notes of Decisions
Cited in 14 cases (1 in the last 5 years), 1983–2023 · 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). · cites it 12× “The dismissal of charges is governed by MCL 330.2044, which provides: (1) The charges against a defendant determined incompetent to stand trial shall be dismissed: (a) When the prosecutor notifies the court of his intention not to prosecute the case; or (b) Fifteen months after…”
People v. Miller, 489 N.W.2d 60 (Mich. 1992). · cites it 10× “II MCL 330.2044; MSA 14.800(1044) provides: (1) The charges against a defendant determined incompetent to stand trial shall be dismissed: (a) When the prosecutor notifies the court of his intention not to prosecute the case; or (b) Fifteen months after the date on which the…”
Sharris v. Commonwealth, 106 N.E.3d 661 (Mass. 2018). · cites it 2× “§ 3-107 ; Mich. Comp. Laws § 330.2044 ; Mo. Rev. Stat.”
People v. Willie Miller, 463 N.W.2d 250 (Mich. Ct. App. 1990). · cites it 14× “Section 1044 of the Mental Health Code, MCL 330.2044; MSA 14.800(1044), provides in pertinent part: (1) The charges against a defendant determined incompetent to stand trial shall be dismissed: * * * (b) Fifteen months after the date on which the defendant was originally…”
In Re Carey, 615 N.W.2d 742 (Mich. Ct. App. 2000). “We do not conclude that the Mental Health Code establishes the procedure that must be followed in juvenile cases.”
People v. Davis, 332 N.W.2d 606 (Mich. Ct. App. 1983). “Initially, he contends that the delay violated MCL 330.2044; MSA 14.800(1044). That statute provides in pertinent part: "(1) The charges against a defendant determined incompetent to stand trial shall be dismissed: "(b) Fifteen months after the date on which the defendant was…”
People v. John, 341 N.W.2d 861 (Mich. Ct. App. 1983). · cites it 2× “The statute provides in pertinent part that the charges against a defendant determined incompetent to stand trial shall be dismissed 15 months "after the date on which the defendant was originally determined incompetent to stand trial”.”
People v. Boucher, 345 N.W.2d 670 (Mich. Ct. App. 1983). “This conviction was reversed by this Court on January 29, 1973. On June 27, 1973, defendant was found incompetent to stand trial and was committed to North-ville Hospital.”
People v. Bowman, 367 N.W.2d 867 (Mich. Ct. App. 1985). · cites it 2× “At that first competency hearing, defense counsel argued that the 15-month period after which the charges in Tuscola County must be dismissed pursuant to § 1044 of the Mental Health Code, MCL 330.2044; MSA 14.800(1044), should run from the December, 1980, date on which defendant…”
Adams v. State, 41 A.3d 572 (Md. Ct. Spec. App. 2012). “2d 60, 62 (1992) (applying Mich. Comp. Laws § 330.2044 , which mandates dismissal of charges against incompetent defendants after a specified period and explicitly requires a prosecutor to obtain leave of court to re-indict, upon proof that the defendant has become competent to…”
People of Michigan v. Donshey Jones (Mich. Ct. App. 2019). · cites it 2× “MCL 330.2044 governs the dismissal of charges upon a finding that a defendant is incompetent.”
Coker v. Stephenson (E.D. Mich. 2023). · cites it 2× “Petitioner acknowledged the 1 Michigan law requires that criminal charges be dismissed 15 months “after the date on which the defendant was originally determined incompetent to stand trial.”
Show all 14 citing cases →
— Mich. Comp. Laws § 330.2044(1) — 3 cases
People v. Miller, 489 N.W.2d 60 (Mich. 1992). “II MCL 330.2044; MSA 14.800(1044) provides: (1) The charges against a defendant determined incompetent to stand trial shall be dismissed: (a) When the prosecutor notifies the court of his intention not to prosecute the case; or (b) Fifteen months after the date on which the…”
People v. Willie Miller, 463 N.W.2d 250 (Mich. Ct. App. 1990). “Section 1044 of the Mental Health Code, MCL 330.2044; MSA 14.800(1044), provides in pertinent part: (1) The charges against a defendant determined incompetent to stand trial shall be dismissed: * * * (b) Fifteen months after the date on which the defendant was originally…”
People v. Davis, 871 N.W.2d 392 (Mich. Ct. App. 2015). “The dismissal of charges is governed by MCL 330.2044, which provides: (1) The charges against a defendant determined incompetent to stand trial shall be dismissed: (a) When the prosecutor notifies the court of his intention not to prosecute the case; or (b) Fifteen months after…”
— Mich. Comp. Laws § 330.2044(1)(a) — 1 case
People of Michigan v. Donshey Jones (Mich. Ct. App. 2019). “MCL 330.2044 governs the dismissal of charges upon a finding that a defendant is incompetent.”
— Mich. Comp. Laws § 330.2044(1)(b) — 2 cases
People v. Miller, 489 N.W.2d 60 (Mich. 1992). “II MCL 330.2044; MSA 14.800(1044) provides: (1) The charges against a defendant determined incompetent to stand trial shall be dismissed: (a) When the prosecutor notifies the court of his intention not to prosecute the case; or (b) Fifteen months after the date on which the…”
Coker v. Stephenson (E.D. Mich. 2023). “Petitioner acknowledged the 1 Michigan law requires that criminal charges be dismissed 15 months “after the date on which the defendant was originally determined incompetent to stand trial.”
— Mich. Comp. Laws § 330.2044(3) — 3 cases
People v. Davis, 871 N.W.2d 392 (Mich. Ct. App. 2015). “The dismissal of charges is governed by MCL 330.2044, which provides: (1) The charges against a defendant determined incompetent to stand trial shall be dismissed: (a) When the prosecutor notifies the court of his intention not to prosecute the case; or (b) Fifteen months after…”
People v. Miller, 489 N.W.2d 60 (Mich. 1992). “II MCL 330.2044; MSA 14.800(1044) provides: (1) The charges against a defendant determined incompetent to stand trial shall be dismissed: (a) When the prosecutor notifies the court of his intention not to prosecute the case; or (b) Fifteen months after the date on which the…”
People v. Willie Miller, 463 N.W.2d 250 (Mich. Ct. App. 1990). “Section 1044 of the Mental Health Code, MCL 330.2044; MSA 14.800(1044), provides in pertinent part: (1) The charges against a defendant determined incompetent to stand trial shall be dismissed: * * * (b) Fifteen months after the date on which the defendant was originally…”
— Mich. Comp. Laws § 330.2044(4) — 1 case
Coker v. Stephenson (E.D. Mich. 2023). “Petitioner acknowledged the 1 Michigan law requires that criminal charges be dismissed 15 months “after the date on which the defendant was originally determined incompetent to stand trial.”
— Mich. Comp. Laws § 330.2044(l)(b) — 3 cases
People v. Davis, 871 N.W.2d 392 (Mich. Ct. App. 2015). “The dismissal of charges is governed by MCL 330.2044, which provides: (1) The charges against a defendant determined incompetent to stand trial shall be dismissed: (a) When the prosecutor notifies the court of his intention not to prosecute the case; or (b) Fifteen months after…”
People v. John, 341 N.W.2d 861 (Mich. Ct. App. 1983). “The statute provides in pertinent part that the charges against a defendant determined incompetent to stand trial shall be dismissed 15 months "after the date on which the defendant was originally determined incompetent to stand trial”.”
People v. Boucher, 345 N.W.2d 670 (Mich. Ct. App. 1983). “This conviction was reversed by this Court on January 29, 1973. On June 27, 1973, defendant was found incompetent to stand trial and was committed to North-ville Hospital.”
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