A bill to amend 1974 PA 258, entitled “Mental health code,” by amending section 461 (MCL 330.1461), as amended by 2018 PA 593, and by adding section 1021 and chapter 10A.
Senate Bill No. 916 aims to amend the Michigan Mental Health Code (1974 PA 258) by modifying Section 461 and adding Section 1021 and Chapter 10A. The bill focuses on providing outpatient treatment for misdemeanor offenders with mental health issues. Key provisions include:
Modification to Section 461: Specifies that for certain petitions, an individual must be examined by a physician or licensed psychologist who testifies either in person or by deposition. This testimony can be waived by the subject of the petition.
Introduction of Section 1021 and Chapter 10A: Outlines procedures for diverting individuals charged with misdemeanor offenses to assisted outpatient treatment. This includes assessments by medical professionals and the filing of petitions for treatment.
Court Proceedings and Treatment Orders: Allows for objections by the prosecuting attorney or defense counsel, which can lead to the dismissal of the petition. If there are no objections, the court is required to enter an order for assisted outpatient treatment, which can last up to 180 days.
Handling of Misdemeanor Charges: Charges remain pending but must be dismissed within 90 to 180 days, depending on the severity of the misdemeanor. Noncompliance with the treatment plan is addressed in civil proceedings.
Termination of Treatment: Upon termination of the treatment, relevant parties, including the district court and probate court, must be notified.
The bill seeks to address the intersection of mental health issues and the criminal justice system by providing a framework for treatment rather than incarceration for certain misdemeanor offenders.
Co-sponsored by Sens.
Referred to the Committee on Health Policy
Reported with substitute S-1
Referred to the Committee of the Whole
Reported with substitute S-1
Substitute S-1 concurred in by voice vote
