A bill to amend 1966 PA 257, entitled “An act to provide for bail of persons arrested for or accused of criminal offenses involving traffic offenses or misdemeanors; by prescribing the conditions under which security is required; by prescribing the kind and amount of security required; by prescribing the conditions under which security may be forfeited and the manner of forfeiture; by prescribing penalties for violations; and to repeal certain acts and parts of acts,” by amending section 9 (MCL 780.69).
HB 5642 introduces a new section to the Code of Criminal Procedure, mandating that courts may require defendants arrested for misdemeanor or felony offenses and found in possession of a firearm to undergo a mental health screening assessment as a condition of their bond. The court order for the assessment must specify a completion date, and the assessment must be conducted by a qualified mental health professional within the stipulated timeframe. If the defendant fails to complete the assessment on time, they must appear in court to explain the delay, and the court may modify or revoke their bond conditions accordingly. Defendants have the option to choose their mental health professional or, if indigent, be assessed by a professional from the community corrections or mental health office in their county. The court will review the assessment results and may adjust the defendant's release conditions based on the findings, particularly if the assessment indicates potential danger to the defendant or others. Additionally, the court is required to review the conditions of release or detention at least every 30 days if the assessment suggests the defendant poses a danger. The legislation also allows for the officer in charge, defense counsel, or prosecuting attorney to request a mental health assessment at the defendant's arraignment, subject to the court's discretion. The bill defines "mental health professional" and other relevant terms, specifying the qualifications required for those conducting the assessments.
HB 5643 seeks to amend the 1966 PA 257, specifically section 9 (MCL 780.69), which governs the conditions under which bail is granted for individuals arrested for or accused of traffic offenses or misdemeanors. The primary objective of the bill is to update the language and conditions of bail bonds. For individuals admitted to bail before conviction, the conditions now explicitly require the person to agree to appear in court as ordered, submit to the court's orders and processes, and not leave the state without permission. Additionally, if the person was in possession of a firearm at the time of arrest for a misdemeanor, the court may mandate a mental health screening assessment as per section 6F of chapter V of the Code of Criminal Procedure (1927 PA 175, MCL 765.6F). For those admitted to bail after conviction, the conditions include prosecuting their appeal diligently, appearing as directed by the court, not leaving the state without court permission, and surrendering to the appropriate officer immediately if the judgment is affirmed or the case is remanded for a new trial.
Co-sponsored by Reps.
Referred to the Committee on Criminal Justice
