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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 admitted to a treatment facility. He said that can leave prosecutors with significantly less time to restore competency after a delayed admission. Using a pending double-attempted-murder and stalking case as an example, Stempian said the defendant waited about nine months before admission, leaving only about six months remaining under the current 15-month rule to restore competency. He warned that when a case is dismissed under the time limit, victims lose the ability to obtain felony convictions, restitution and, in some cases, sex-offender registration or firearm prohibitions.
Under the bill as described in committee testimony, the 15-month restoration clock would start when the defendant is actually admitted to a treatment center. Stempian also said the bill would allow prosecutors to petition a judge to refile any felony after dismissal (current law permits refiling only for life offenses), subject to judicial approval.
Sheriff Fred Blankenship, speaking by Zoom, told committee members the forensic center wait list can exceed 200 people and said, "The mental health system in Michigan is not doing too well right now. The jails have become the de facto mental health hospitals in Michigan." Blankenship said the bill would help address long waits and improve victim safety and case outcomes.
Committee members asked about average wait times and reliance on private facilities for restoration. Stempian told members waits vary but often range from six to nine months and can exceed a year; he said private facilities could be used if they meet court requirements but that competency restoration can require specialized services and secure placements in some cases. The committee did not vote on HB 4596 during this hearing.
The hearing record includes a detailed list of felony offenses Stempian said currently could not be refiled if dismissed under the existing time rule (for example: certain child sexual conduct offenses, first-degree vulnerable adult abuse, home invasion first degree, child abuse in the second degree and others), and Stempian urged the committee to consider the bill to preserve victims' remedies.
