Michigan Laws 330.2070 – Competency evaluations; self-incrimination; evidence or statements inadmissible in proceeding determining responsibility; sealing reports; order to open reports; purposes; confidentiality; disclo
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Terms Used In Michigan Laws 330.2070
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
(1) The constitutional protections against self-incrimination apply to all competency evaluations.
(2) Any evidence or statement obtained during a competency evaluation is not admissible in any proceeding to determine the juvenile’s responsibility.
(3) A statement that a juvenile makes during a competency evaluation or evidence resulting from the statement concerning any other event or transaction is not admissible in any proceeding to determine the juvenile’s responsibility for any other charges that are based on those events or transactions.
(4) A statement that the juvenile makes during a competency evaluation may not be used for any purpose other than assessment of his or her competency without the written consent of the juvenile or the juvenile’s guardian. The juvenile or the juvenile’s guardian must have an opportunity to consult with his or her attorney before giving consent.
(5) After the case proceeds to adjudication or the juvenile is found to be unable to regain competence, the court shall order all of the reports that are submitted according to section 1062 to 1068 to be sealed. The court may order that the reports be opened only as follows:
(a) For further competency or criminal responsibility evaluations.
(b) For statistical analysis.
(c) If the records are considered to be necessary to assist in mental health treatment ordered under this act.
(d) For data gathering.
(e) For scientific study or other legitimate research.
(6) If the court orders reports to be open for the purposes of statistical analysis, data gathering, or scientific study according to subsection (5), the reports shall remain confidential.
(7) Any statement that a juvenile makes during a competency evaluation, or any evidence resulting from that statement, is not subject to disclosure.