DISTRICT COURT UPDATE
Summons Article, April, 2008
written by
Hon. Christopher S. Boyd

Recently, there appears to be some confusion or misunderstanding regarding competency and criminal responsibility referrals to the Center for Forensic Psychiatry. At the preliminary examination stage of a criminal case a defendant may request a forensic examination for competency and/or criminal responsibility provided the defendant has been charged with a felony. See, MCL 330.2020 et seq. Pursuant to MCL 768.20a, a defendant may assert an insanity defense in a felony case and request that the defendant be examined for the claim of insanity (criminal responsibility) by personnel at the center for forensic psychiatry or other qualified personnel.

The statute does not provide for a forensic examination for criminal responsibility, however, when the defendant is charged with a misdemeanor. Although the issue of competency to stand trial remains an issue in misdemeanor cases, the Michigan Department of Community Health does not perform criminal responsibility evaluations in misdemeanor cases.

When an attorney wishes to request a forensic examination of a defendant, a packet of forms may be obtained from the Office of Assigned Counsel in the Criminal Division of the District Court. The Petition for Referral to Determine Defendant’s Competency to Stand Trial should be completed prior to the hearing and the defendant must sign the appropriate Patient’s Authorization for Disclosure of Records. In addition, defense counsel is responsible for submitting the Order for Competency Evaluation and/or Order for Evaluation Relative to Criminal Responsibility to the Court.

Lastly, it should be noted that any order finding the defendant to be incompetent to stand trial is limited to 15 months or 1/3 of the maximum sentence the defendant could receive if convicted of the charge, whichever is less. MCL 330.2034. This means that in most   misdemeanor cases the maximum period is 30 days. However, at that point a civil commitment may be sought.

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