MENTAL HEALTH CODE
Act 258 of 1974
330.2050 Person acquitted of criminal charge by reason of insanity; commitment to center for forensic psychiatry; record; examination and evaluation; report; opinion; certificates; petition; retention or discharge of person; applicability of release provisions; condition to being discharged or placed on leave; extension of leave.
Sec. 1050.
(1) The court shall immediately commit any person who is acquitted of a criminal charge by reason of insanity to the custody of the center for forensic psychiatry, for a period not to exceed 60 days. The court shall forward to the center a full report, in the form of a settled record, of the facts concerning the crime which the patient was found to have committed but of which he was acquitted by reason of insanity. The center shall thoroughly examine and evaluate the present mental condition of the person in order to reach an opinion on whether the person meets the criteria of a person requiring treatment or for judicial admission set forth in section 401 or 515.
(2) Within the 60-day period the center shall file a report with the court, prosecuting attorney, and defense counsel. The report shall contain a summary of the crime which the patient committed but of which he was acquitted by reason of insanity and an opinion as to whether the person meets the criteria of a person requiring treatment or for judicial admission as defined by section 401 or 515, and the facts upon which the opinion is based. If the opinion stated is that the person is a person requiring treatment, the report shall be accompanied by certificates from 2 physicians, at least 1 of whom shall be a psychiatrist, which conform to the requirements of section 400(j).
(3) After receipt of the report, the court may direct the prosecuting attorney to file a petition pursuant to section 434 or 516 for an order of hospitalization or an order of admission to a facility with the probate court of the person's county of residence or of the county in which the criminal trial was held. Any certificates that accompanied the report of the center may be filed with the petition, and shall be sufficient to cause a hearing to be held pursuant to section 451 even if they were not executed within 72 hours of the filing of the petition. The report from the court containing the facts concerning the crime for which he was acquitted by reason of insanity shall be admissible in the hearings.
(4) If the report states the opinion that the person meets the criteria of a person requiring treatment or for judicial admission, and if a petition is to be filed pursuant to subsection (3), the center may retain the person pending a hearing on the petition. If a petition is not to be filed, the prosecutor shall notify the center in writing. The center, upon receipt of the notification, shall cause the person to be discharged.
(5) The release provisions of sections 476 to 479 of this act shall apply to a person found to have committed a crime by a court or jury, but who is acquitted by reason of insanity, except that a person shall not be discharged or placed on leave without first being evaluated and recommended for discharge or leave by the department's program for forensic psychiatry, and authorized leave or absence from the hospital may be extended for a period of 5 years.
History: 1974, Act 258, Eff. Aug. 6, 1975 ;-- Am. 1975, Act 179, Eff. Aug. 6, 1975
Notes of Decisions
Cited in
33
cases (
3 in the last 5 years), 1977–2024 · leading case:
People v. Webb, 580 N.W.2d 884 (Mich. 1998).
People v. Webb, 580 N.W.2d 884 (Mich. 1998).
· cites it 21× “[5] After review of the parties' submissions, we granted leave to appeal, limited to whether "(1) the defendant's conviction should be reversed because the trial court limited the defense expert's testimony only to the information in his written report, and (2) whether the trial…”
People v. Portus (In Re Portus), 926 N.W.2d 33 (Mich. Ct. App. 2018).
· cites it 7× “2d 884 (1998) (explaining that MCL 330.2050, which contains procedures for involuntarily committing persons acquitted of a criminal charge by reason of insanity, is a statute designed to "promote public safety" and "establish[ ] a procedure for determining whether a person…”
People v. Carpenter, 627 N.W.2d 276 (Mich. 2001).
· cites it 4× “MCL 330.2050. As we explained in People v.”
People v. Ramsey, 375 N.W.2d 297 (Mich. 1985).
· cites it 4× “MCL 330.2050(1); MSA 14.800(1050)(1). Subsequently, the court may direct the prosecutor to file with the probate court a petition for an order of hospitalization, MCL 330.”
People v. Goad, 364 N.W.2d 584 (Mich. 1985).
· cites it 4× “For example, the general dispositional statute, MCL 330.2050; MSA 14.800(1050), provides: "(1) The court shall immediately commit any person who is acquitted of a criminal charge by reason of insanity to the custody of the center for forensic psychiatry, for a period not to…”
Perry v. Kalamazoo State Hosp., 273 N.W.2d 421 (Mich. 1978).
· cites it 2× “; MCL 330.2050; MSA 14.800(1050). Access to public mental hospitals is essential to effectively process probate and circuit court commitment proceedings.”
People v. Rone, 300 N.W.2d 705 (Mich. Ct. App. 1980).
· cites it 6× “966(12), was more helpful to defendant's insanity defense than a disposition instruction under the then recently enacted Mental Health Code, MCL 330.2050; MSA 14.800(1050). [2] The more recent decision in People v Tenbrink, 93 Mich App 326 ; 287 NW2d 223 (1979), lv den 408 Mich…”
People v. Rone, 311 N.W.2d 835 (Mich. Ct. App. 1981).
· cites it 3× “966(12), since repealed, 1974 PA 258 , was more helpful to defendant’s insanity defense than a disposition instruction under the then recently enacted Mental Health Code, MCL 330.2050; MSA 14.800(1050). 2 The more recent decision in People v Tenbrink, 93 Mich App 326 ; 287 NW2d…”
People v. Murphy, 331 N.W.2d 152 (Mich. 1982).
· cites it 2× “After finding inadmissible for lack of a proper foundation the testimony of police officers on the issue of *456 sanity, the Court decided, there being no other evidence of sanity, to reverse the defendant’s convictions and remand for entry of judgment of not guilty by reason of…”
People v. Dobben, 488 N.W.2d 726 (Mich. 1992).
· cites it 2× “[15] See 1974 PA 258 , MCL 330.2050; MSA 14.800(1050). [16] There are currently twenty-one examiners, statewide, qualified to examine a defendant only for competency to stand trial.”
People v. Shahideh, 758 N.W.2d 536 (Mich. 2008).
· cites it 2× “MCL 330.2050. As stated in People v. Webb, 458 Mich.”
— Mich. Comp. Laws § 330.2050(1) — 7 cases
People v. Webb, 580 N.W.2d 884 (Mich. 1998).
“[5] After review of the parties' submissions, we granted leave to appeal, limited to whether "(1) the defendant's conviction should be reversed because the trial court limited the defense expert's testimony only to the information in his written report, and (2) whether the trial…”
People v. Ramsey, 375 N.W.2d 297 (Mich. 1985).
“MCL 330.2050(1); MSA 14.800(1050)(1). Subsequently, the court may direct the prosecutor to file with the probate court a petition for an order of hospitalization, MCL 330.”
People v. Rone, 300 N.W.2d 705 (Mich. Ct. App. 1980).
“966(12), was more helpful to defendant's insanity defense than a disposition instruction under the then recently enacted Mental Health Code, MCL 330.2050; MSA 14.800(1050). [2] The more recent decision in People v Tenbrink, 93 Mich App 326 ; 287 NW2d 223 (1979), lv den 408 Mich…”
People v. Rone, 311 N.W.2d 835 (Mich. Ct. App. 1981).
“966(12), since repealed, 1974 PA 258 , was more helpful to defendant’s insanity defense than a disposition instruction under the then recently enacted Mental Health Code, MCL 330.2050; MSA 14.800(1050). 2 The more recent decision in People v Tenbrink, 93 Mich App 326 ; 287 NW2d…”
— Mich. Comp. Laws § 330.2050(2) — 3 cases
People v. Rone, 311 N.W.2d 835 (Mich. Ct. App. 1981).
“966(12), since repealed, 1974 PA 258 , was more helpful to defendant’s insanity defense than a disposition instruction under the then recently enacted Mental Health Code, MCL 330.2050; MSA 14.800(1050). 2 The more recent decision in People v Tenbrink, 93 Mich App 326 ; 287 NW2d…”
— Mich. Comp. Laws § 330.2050(2)(3) — 1 case
People v. Rone, 300 N.W.2d 705 (Mich. Ct. App. 1980).
“966(12), was more helpful to defendant's insanity defense than a disposition instruction under the then recently enacted Mental Health Code, MCL 330.2050; MSA 14.800(1050). [2] The more recent decision in People v Tenbrink, 93 Mich App 326 ; 287 NW2d 223 (1979), lv den 408 Mich…”
— Mich. Comp. Laws § 330.2050(2X3) — 1 case
People v. Rone, 300 N.W.2d 705 (Mich. Ct. App. 1980).
“966(12), was more helpful to defendant's insanity defense than a disposition instruction under the then recently enacted Mental Health Code, MCL 330.2050; MSA 14.800(1050). [2] The more recent decision in People v Tenbrink, 93 Mich App 326 ; 287 NW2d 223 (1979), lv den 408 Mich…”
— Mich. Comp. Laws § 330.2050(3) — 2 cases
People v. Ramsey, 375 N.W.2d 297 (Mich. 1985).
“MCL 330.2050(1); MSA 14.800(1050)(1). Subsequently, the court may direct the prosecutor to file with the probate court a petition for an order of hospitalization, MCL 330.”
— Mich. Comp. Laws § 330.2050(5) — 8 cases
People v. Portus (In Re Portus), 926 N.W.2d 33 (Mich. Ct. App. 2018).
“2d 884 (1998) (explaining that MCL 330.2050, which contains procedures for involuntarily committing persons acquitted of a criminal charge by reason of insanity, is a statute designed to "promote public safety" and "establish[ ] a procedure for determining whether a person…”
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.