Bill > SB0221

This bill creates a new legal pathway for handling misdemeanor offenders with mental health issues by introducing a process for diversion to assisted outpatient treatment (AOT). Under this legislation, at any point before trial, the prosecuting attorney, defendant, or defense counsel can request a mental health assessment to determine if the defendant qualifies for AOT. If the assessment finds the defendant meets the criteria, the prosecuting attorney can file a petition for treatment, which will be heard in either a district or probate court. If the court approves the AOT order and there are no objections, the defendant will receive outpatient mental health treatment for up to 180 days, during which the misdemeanor charges will remain pending. If the defendant complies with the treatment plan, the misdemeanor charges will typically be dismissed after 90 days (or 180 days for serious misdemeanors), and any non-compliance with the treatment plan will be addressed through a civil proceeding. The bill aims to provide an alternative to traditional criminal prosecution for individuals whose alleged criminal behavior may be related to untreated mental health issues, offering a more rehabilitative approach to justice. This bill is tied to another piece of legislation (Senate Bill 219) and will only take effect if that companion bill is also enacted.

Health and Social Services

https://legislature.mi.gov/Bills/Bill?ObjectName=2025-SB-0221