Michigan Laws 330.2038 – Reports; admissibility
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(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.
Terms Used In Michigan Laws 330.2038
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Germane: On the subject of the pending bill or other business; a strict standard of relevance.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(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.