Section 330.2040 - Redetermining issue of incompetence to stand trial; hearing; commencement of trial; modification or continuance of orders.
MENTAL HEALTH CODE (EXCERPT)
Act 258 of 1974
330.2040 Redetermining issue of incompetence to stand trial; hearing; commencement of trial; modification or continuance of orders.
Sec. 1040.
(1) The court shall forthwith hear and redetermine the issue of the incompetence of the defendant to stand trial and, if the defendant is redetermined incompetent to stand trial, shall hear and determine whether the defendant has made progress toward attaining competence to stand trial during his course of treatment, whenever the court receives a report from the supervisor of treatment, unless the defense waives the hearing, or whenever deemed appropriate by the court.
(2) Section 1030 shall govern hearings held pursuant to this section.
(3) If the defendant is not redetermined incompetent to stand trial at a hearing held pursuant to this section, trial shall commence as soon as practicable. If the defendant is redetermined incompetent to stand trial, and if the court determines that the defendant has made progress toward attaining competence to stand trial, the court may modify or continue any orders it previously issued under section 1032.
History: 1974, Act 258, Eff. Aug. 6, 1975