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MI HB4746

MI HB4746
Criminal procedure: mental capacity; outpatient treatment for misdemeanor offenders with mental health issues; provide for. Amends sec. 461 of 1974 PA 258 (MCL 330.1461) & adds sec. 1021 & ch. 10A.


summary

Introduced
06/14/2023
In Committee
06/14/2023
Crossed Over
Passed
Dead
12/31/2024

Introduced Session

102nd Legislature

Bill Summary

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.

AI Summary

This bill amends the Mental Health Code to provide for outpatient treatment of individuals with mental health issues who are charged with misdemeanor offenses. The key provisions are: 1. The bill establishes a process where the prosecuting attorney, defendant, or defense counsel can request an assessment to determine if the defendant meets the criteria for diversion to assisted outpatient treatment. If the defendant is found eligible, the prosecuting attorney files a petition for assisted outpatient treatment. 2. If the petition is granted, the court orders assisted outpatient treatment for up to 180 days. Failure to comply with the treatment order can result in the provisions under Section 475 being applied. 3. The misdemeanor charges against the defendant remain pending until dismissed, typically 90 days after the assisted outpatient treatment order (180 days for serious misdemeanors), as long as the defendant complies with the treatment plan. 4. Upon termination of the assisted outpatient treatment, the provider must notify the relevant courts and prosecutor. The bill aims to provide an alternative to criminal prosecution for misdemeanor offenders with mental health issues by diverting them to court-ordered outpatient treatment.

Committee Categories

Health and Social Services

Sponsors (5)

Last Action

Bill Electronically Reproduced 06/14/2023 (on 06/15/2023)

Bill Topics

Health
  • ‐ Mental Illness, Mental Retardation, and Deinstitutionalization
Law, Crime, and Family Issues
  • ‐ Criminal and Juvenile Delinquent Prosecution, Procedure, and Sentencing

bill text


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