R 330.10071 Discharge.
Rule 10071. (1) After completion of an inpatient evaluation, a defendant shall be
discharged by the director of the center.
(2) If a defendant is not on bail or otherwise at liberty pending trial, he shall be
discharged only to the custody of a peace officer requested by the center to return the
defendant to jail or similar place of detention or to another person authorized in writing
by the committing court to take custody of the defendant. A defendant shall be
discharged to his own custody if on bail or otherwise at liberty pending trial.
History: 1979 AC.
R 330.10079 Treatment of persons found incompetent to stand trial.
Rule 10079. (1) Upon receipt of a court order committing a defendant to undergo
treatment to achieve competency to stand trial, a hospital, facility, or other agency of
the department providing treatment shall comply with department administrative rules
and procedures for inpatient or outpatient treatment and with the following:
(a) When a court commits a defendant to the department to undergo treatment to
render him competent to stand trial, placement by the department of the defendant
for inpatient or outpatient treatment at a department hospital, facility, or agency, shall
be made on the basis of a recommendation made by the center for forensic psychiatry.
(b) When a defendant is committed to the department, or otherwise ordered for
treatment and the department is appointed medical supervisor of treatment, the director
of the hospital facility or agency providing treatment shall perform the duties of
medical supervisor of treatment.
(c) A medical supervisor of treatment shall submit the written report required by
law to the court, prosecuting attorney, defense counsel, and the center, every 90 days
and whenever he is of the opinion either that the defendant is no longer incompetent to
stand trial or that there is not a substantial probability the defendant will obtain
competence to stand trial within the time limits. In the report, the medical supervisor
of treatment may also state an opinion as to the defendant's need for modified
treatment to render him competent to stand trial.
(2) Mental health services shall be directed only toward the restoration of a
defendant's competency to stand trial unless the defendant consents to additional
(3) A defendant ordered to undergo treatment at a department hospital, facility, or
agency shall be discharged by the director upon recommendation of the treating
clinician, or after 1 or more of the following:
(a) When the director is notified in writing by a committing court or by the
prosecutor that charges against a defendant have been dropped.
(b) After certifying a defendant is competent to stand trial and upon release of the
defendant to the custody of a peace officer or his own custody if on bail or otherwise
at liberty pending trial.
(c) After 15 months from the date of the treatment order or 1/3 the maximum
sentence the defendant would have received if he had been found guilty of the charge,
whichever is lesser.