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MI SB0916

MI SB0916
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. TIE BAR WITH: SB 0915'24


summary

Introduced
06/12/2024
In Committee
12/04/2024
Crossed Over
12/04/2024
Passed
Dead
12/31/2024

Introduced Session

102nd Legislature

Bill Summary

A bill to amend 1974 PA 258, entitled"Mental health code,"(MCL 330.1001 to 330.2106) by adding section 1021 and chapter 10A.

AI Summary

This bill amends the Michigan Mental Health Code to allow for the diversion of individuals charged with misdemeanor offenses into assisted outpatient treatment, rather than going through the regular competency proceedings. The key provisions include: 1. Allowing the prosecutor, defendant, or defense counsel to request an assessment to determine if the defendant meets the criteria for diversion to assisted outpatient treatment. 2. If the defendant is determined to meet the criteria, the prosecutor will file a petition for assisted outpatient treatment, which will be heard by the district court or probate court. 3. If there is no objection to the order for assisted outpatient treatment, the court will enter the order for up to 180 days. 4. The community treatment program has discretion over the defendant's treatment plan, and noncompliance will be addressed through civil proceedings. 5. The misdemeanor charges will remain pending until dismissed by the district court, either 90 days (for non-serious misdemeanors) or 180 days (for serious misdemeanors) after the assisted outpatient treatment order is entered. This bill is tied to the passage of Senate Bill 915 and aims to provide a diversion option for misdemeanor offenders with mental health issues, rather than going through the traditional criminal justice process.

Committee Categories

Health and Social Services

Sponsors (4)

Last Action

Placed On Second Reading (on 12/11/2024)

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