Bill > HB4596

This bill amends sections of Michigan's Mental Health Code related to dismissing criminal charges against defendants determined to be incompetent to stand trial. The legislation modifies the time limits and conditions for dismissing such charges, specifying that charges must be dismissed either when a prosecutor indicates they do not intend to prosecute or after 15 months from when the defendant was originally found incompetent or admitted for treatment. The bill allows prosecutors to petition to refile charges under certain circumstances, particularly for felony cases, if the defendant is later determined to be competent to stand trial. Specifically, for felony charges, the prosecutor can petition to refile at any time, while for misdemeanor charges, they can petition within a period equal to one-third of the maximum potential sentence. The bill also clarifies notification requirements for the court, defense counsel, and prosecution when charges are dismissed or when treatment orders are voided. The amendments aim to provide a more structured process for handling criminal cases involving defendants deemed temporarily incompetent, balancing the rights of the defendant with the potential need to prosecute serious charges. The bill will take effect 90 days after being enacted into law.

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https://legislature.mi.gov/Bills/Bill?ObjectName=2025-HB-4596