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Committee weighs fix to competency time limit to address long forensic wait lists
Summary
Prosecutors and law-enforcement supporters told the House Judiciary Committee HB 4596 would delay the 15-month dismissal clock until a defendant is admitted for court-ordered competency treatment, a change sponsors say would reduce dismissals caused by long waits at the state forensic center.
Representative Wirtz and Branch County prosecutor Zachary Stempian defended House Bill 4596 before the House Judiciary Committee, saying the bill is a technical fix to Michigan's mental health code aimed at preventing case dismissals that result from long waits for forensic treatment. Stempian explained, "Competency pertains to a defendant's ability to assist in his defense and understand the criminal justice system," and contrasted that with criminal responsibility at the time of an offense.
Stempian described a practical problem under current law: the 15-month period for restoring competency begins when a judge enters an order finding a defendant incompetent, not when the defendant is actually…
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