SB-0805, As Passed House, March 20, 2014

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 805

 

February 20, 2014, Introduced by Senators WARREN, CASWELL, HOPGOOD, MARLEAU, BOOHER, ROBERTSON, SCHUITMAKER, CASPERSON, ROCCA, ANDERSON, COLBECK, JANSEN, JONES, WHITMER, ANANICH, HANSEN, NOFS, EMMONS, PAPPAGEORGE, BIEDA, HILDENBRAND, KOWALL, MOOLENAAR and JOHNSON and referred to the Committee on Health Policy.

 

 

     A bill to amend 1974 PA 258, entitled

 

"Mental health code,"

 

by amending sections 100b, 134a, 504, 515, 932, 1001a, 1003, 1003a,

 

1003b, 1003c, 1004, 1005d, and 1006 (MCL 330.1100b, 330.1134a,

 

330.1504, 330.1515, 330.1932, 330.2001a, 330.2003, 330.2003a,

 

330.2003b, 330.2003c, 330.2004, 330.2005d, and 330.2006), section

 

100b as amended by 2012 PA 500, section 134a as amended by 2010 PA

 

293, section 515 as amended by 1995 PA 290, sections 1001a, 1003a,

 

1003b, 1004, 1005d, and 1006 as amended and section 1003c as added

 

by 1993 PA 252, and section 1003 as amended by 2007 PA 112.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 100b. (1) "Facility" means a residential facility for the

 

care or treatment of individuals with serious mental illness,

 

serious emotional disturbance, or developmental disability that is

 

either a state facility or a licensed facility.


 

     (2) "Family" as used in sections 156 to 161 means an eligible

 

minor and his or her parent or legal guardian.

 

     (3) "Family member" means a parent, stepparent, spouse,

 

sibling, child, or grandparent of a primary consumer, or an

 

individual upon whom a primary consumer is dependent for at least

 

50% of his or her financial support.

 

     (4) "Federal funds" means funds received from the federal

 

government under a categorical grant or similar program and does

 

not include federal funds received under a revenue sharing

 

arrangement.

 

     (5) "Functional impairment" means both of the following:

 

     (a) With regard to serious emotional disturbance, substantial

 

interference with or limitation of a minor's achievement or

 

maintenance of 1 or more developmentally appropriate social,

 

behavioral, cognitive, communicative, or adaptive skills.

 

     (b) With regard to serious mental illness, substantial

 

interference or limitation of role functioning in 1 or more major

 

life activities including basic living skills such as eating,

 

bathing, and dressing; instrumental living skills such as

 

maintaining a household, managing money, getting around the

 

community, and taking prescribed medication; and functioning in

 

social, vocational, and educational contexts.

 

     (6) "Guardian" means a person appointed by the court to

 

exercise specific powers over an individual who is a minor, legally

 

incapacitated, or developmentally disabled.

 

     (7) "Hospital" or "psychiatric hospital" means an inpatient

 

program operated by the department for the treatment of individuals


 

with serious mental illness or serious emotional disturbance or a

 

psychiatric hospital or psychiatric unit licensed under section

 

137.

 

     (8) "Hospital director" means the chief administrative officer

 

of a hospital or his or her designee.

 

     (9) "Hospitalization" or "hospitalize" means to provide

 

treatment for an individual as an inpatient in a hospital.

 

     (10) "Incapacitated" means that an individual, as a result of

 

the use of alcohol, is unconscious or has his or her mental or

 

physical functioning so impaired that he or she either poses an

 

immediate and substantial danger to his or her own health and

 

safety or is endangering the health and safety of the public.

 

     (11) "Individual plan of services" or "plan of services" means

 

a written individual plan of services developed with a recipient as

 

required by section 712.

 

     (12) "Intellectual disability" means a condition manifesting

 

before the age of 18 years that is characterized by significantly

 

subaverage intellectual functioning and related limitations in 2 or

 

more adaptive skills and that is diagnosed based on the following

 

assumptions:

 

     (a) Valid assessment considers cultural and linguistic

 

diversity, as well as differences in communication and behavioral

 

factors.

 

     (b) The existence of limitation in adaptive skills occurs

 

within the context of community environments typical of the

 

individual's age peers and is indexed to the individual's

 

particular needs for support.


 

     (c) Specific adaptive skill limitations often coexist with

 

strengths in other adaptive skills or other personal capabilities.

 

     (d) With appropriate supports over a sustained period, the

 

life functioning of the individual with an intellectual disability

 

will generally improve.

 

     (13) (12) "Licensed facility" means a facility licensed by the

 

department under section 137 or an adult foster care facility.

 

     (14) (13) "Licensed psychologist" means a doctoral level

 

psychologist licensed under section 18223(1) of the public health

 

code, 1978 PA 368, MCL 333.18223.

 

     (15) (14) "Medical director" means a psychiatrist appointed

 

under section 231 to advise the executive director of a community

 

mental health services program.

 

     (16) (15) "Mental health professional" means an individual who

 

is trained and experienced in the area of mental illness or

 

developmental disabilities and who is 1 of the following:

 

     (a) A physician.

 

     (b) A psychologist. licensed to practice in this state under

 

article 15 of the public health code, 1978 PA 368, MCL 333.16101 to

 

333.18838.

 

     (c) A registered professional nurse licensed or otherwise

 

authorized to engage in the practice in this state of nursing under

 

article 15 part 172 of the public health code, 1978 PA 368, MCL

 

333.16101 to 333.18838.333.17201 to 333.17242.

 

     (d) A licensed master's social worker licensed or otherwise

 

authorized to engage in the practice of social work at the master's

 

level under article 15 part 185 of the public health code, 1978 PA


 

368, MCL 333.16101 to 333.18838.333.18501 to 333.18518.

 

     (e) A licensed professional counselor licensed or otherwise

 

authorized to engage in the practice in this state of counseling

 

under article 15 part 181 of the public health code, 1978 PA 368,

 

MCL 333.16101 to 333.18838.333.18101 to 333.18117.

 

     (f) A marriage and family therapist licensed or otherwise

 

authorized to engage in the practice of marriage and family therapy

 

under article 15 part 169 of the public health code, 1978 PA 368,

 

MCL 333.16101 to 333.18838.333.16901 to 333.16915.

 

     (16) "Mental retardation" means a condition manifesting before

 

the age of 18 years that is characterized by significantly

 

subaverage intellectual functioning and related limitations in 2 or

 

more adaptive skills and that is diagnosed based on the following

 

assumptions:

 

     (a) Valid assessment considers cultural and linguistic

 

diversity, as well as differences in communication and behavioral

 

factors.

 

     (b) The existence of limitation in adaptive skills occurs

 

within the context of community environments typical of the

 

individual's age peers and is indexed to the individual's

 

particular needs for support.

 

     (c) Specific adaptive skill limitations often coexist with

 

strengths in other adaptive skills or other personal capabilities.

 

     (d) With appropriate supports over a sustained period, the

 

life functioning of the individual with mental retardation will

 

generally improve.

 

     (17) "Minor" means an individual under the age of 18 years.


 

     (18) "Multicultural services" means specialized mental health

 

services for multicultural populations such as African-Americans,

 

Hispanics, Native Americans, Asian and Pacific Islanders, and

 

Arab/Chaldean-Americans.

 

     (19) "Neglect" means an act or failure to act committed by an

 

employee or volunteer of the department, a community mental health

 

services program, or a licensed hospital; a service provider under

 

contract with the department, a community mental health services

 

program, or a licensed hospital; or an employee or volunteer of a

 

service provider under contract with the department, a community

 

mental health services program, or a licensed hospital, that denies

 

a recipient the standard of care or treatment to which he or she is

 

entitled under this act.

 

     Sec. 134a. (1) Except as otherwise provided in subsection (2),

 

a psychiatric facility or intermediate care facility for people

 

with mental retardation other facility defined in 42 USC 1396d(d)

 

shall not employ, independently contract with, or grant clinical

 

privileges to an individual who regularly has direct access to or

 

provides direct services to patients or residents in the

 

psychiatric facility or intermediate care facility for people with

 

mental retardation other facility defined in 42 USC 1396d(d) if the

 

individual satisfies 1 or more of the following:

 

     (a) Has been convicted of a relevant crime described under 42

 

USC 1320a-7(a).

 

     (b) Has been convicted of any of the following felonies, an

 

attempt or conspiracy to commit any of those felonies, or any other

 

state or federal crime that is similar to the felonies described in


 

this subdivision, other than a felony for a relevant crime

 

described under 42 USC 1320a-7(a), unless 15 years have lapsed

 

since the individual completed all of the terms and conditions of

 

his or her sentencing, parole, and probation for that conviction

 

prior to the date of application for employment or clinical

 

privileges or the date of the execution of the independent

 

contract:

 

     (i) A felony that involves the intent to cause death or serious

 

impairment of a body function, that results in death or serious

 

impairment of a body function, that involves the use of force or

 

violence, or that involves the threat of the use of force or

 

violence.

 

     (ii) A felony involving cruelty or torture.

 

     (iii) A felony under chapter XXA of the Michigan penal code,

 

1931 PA 328, MCL 750.145m to 750.145r.

 

     (iv) A felony involving criminal sexual conduct.

 

     (v) A felony involving abuse or neglect.

 

     (vi) A felony involving the use of a firearm or dangerous

 

weapon.

 

     (vii) A felony involving the diversion or adulteration of a

 

prescription drug or other medications.

 

     (c) Has been convicted of a felony or an attempt or conspiracy

 

to commit a felony, other than a felony for a relevant crime

 

described under 42 USC 1320a-7(a) or a felony described under

 

subdivision (b), unless 10 years have lapsed since the individual

 

completed all of the terms and conditions of his or her sentencing,

 

parole, and probation for that conviction prior to the date of


 

application for employment or clinical privileges or the date of

 

the execution of the independent contract.

 

     (d) Has been convicted of any of the following misdemeanors,

 

other than a misdemeanor for a relevant crime described under 42

 

USC 1320a-7(a), or a state or federal crime that is substantially

 

similar to the misdemeanors described in this subdivision, within

 

the 10 years immediately preceding the date of application for

 

employment or clinical privileges or the date of the execution of

 

the independent contract:

 

     (i) A misdemeanor involving the use of a firearm or dangerous

 

weapon with the intent to injure, the use of a firearm or dangerous

 

weapon that results in a personal injury, or a misdemeanor

 

involving the use of force or violence or the threat of the use of

 

force or violence.

 

     (ii) A misdemeanor under chapter XXA of the Michigan penal

 

code, 1931 PA 328, MCL 750.145m to 750.145r.

 

     (iii) A misdemeanor involving criminal sexual conduct.

 

     (iv) A misdemeanor involving cruelty or torture unless

 

otherwise provided under subdivision (e).

 

     (v) A misdemeanor involving abuse or neglect.

 

     (e) Has been convicted of any of the following misdemeanors,

 

other than a misdemeanor for a relevant crime described under 42

 

USC 1320a-7(a), or a state or federal crime that is substantially

 

similar to the misdemeanors described in this subdivision, within

 

the 5 years immediately preceding the date of application for

 

employment or clinical privileges or the date of the execution of

 

the independent contract:


 

     (i) A misdemeanor involving cruelty if committed by an

 

individual who is less than 16 years of age.

 

     (ii) A misdemeanor involving home invasion.

 

     (iii) A misdemeanor involving embezzlement.

 

     (iv) A misdemeanor involving negligent homicide or a violation

 

of section 601d(1) of the Michigan vehicle code, 1940 PA 300, MCL

 

257.601d.

 

     (v) A misdemeanor involving larceny unless otherwise provided

 

under subdivision (g).

 

     (vi) A misdemeanor of retail fraud in the second degree unless

 

otherwise provided under subdivision (g).

 

     (vii) Any other misdemeanor involving assault, fraud, theft, or

 

the possession or delivery of a controlled substance unless

 

otherwise provided under subdivision (d), (f), or (g).

 

     (f) Has been convicted of any of the following misdemeanors,

 

other than a misdemeanor for a relevant crime described under 42

 

USC 1320a-7(a), or a state or federal crime that is substantially

 

similar to the misdemeanors described in this subdivision, within

 

the 3 years immediately preceding the date of application for

 

employment or clinical privileges or the date of the execution of

 

the independent contract:

 

     (i) A misdemeanor for assault if there was no use of a firearm

 

or dangerous weapon and no intent to commit murder or inflict great

 

bodily injury.

 

     (ii) A misdemeanor of retail fraud in the third degree unless

 

otherwise provided under subdivision (g).

 

     (iii) A misdemeanor under part 74 of the public health code,


 

1978 PA 368, MCL 333.7401 to 333.7461, unless otherwise provided

 

under subdivision (g).

 

     (g) Has been convicted of any of the following misdemeanors,

 

other than a misdemeanor for a relevant crime described under 42

 

USC 1320a-7(a), or a state or federal crime that is substantially

 

similar to the misdemeanors described in this subdivision, within

 

the year immediately preceding the date of application for

 

employment or clinical privileges or the date of the execution of

 

the independent contract:

 

     (i) A misdemeanor under part 74 of the public health code, 1978

 

PA 368, MCL 333.7401 to 333.7461, if the individual, at the time of

 

conviction, is under the age of 18.

 

     (ii) A misdemeanor for larceny or retail fraud in the second or

 

third degree if the individual, at the time of conviction, is under

 

the age of 16.

 

     (h) Is the subject of an order or disposition under section

 

16b of chapter IX of the code of criminal procedure, 1927 PA 175,

 

MCL 769.16b.

 

     (i) Engages in conduct that becomes the subject of a

 

substantiated finding of neglect, abuse, or misappropriation of

 

property by a state or federal agency according to an investigation

 

conducted in accordance with 42 USC 1395i-3 or 1396r.

 

     (2) Except as otherwise provided in this subsection or

 

subsection (5), a psychiatric facility or intermediate care

 

facility for people with mental retardation other facility defined

 

in 42 USC 1396d(d) shall not employ, independently contract with,

 

or grant privileges to an individual who regularly has direct


 

access to or provides direct services to patients or residents in

 

the psychiatric facility or intermediate care facility for people

 

with mental retardation other facility defined in 42 USC 1396d(d)

 

until the psychiatric facility or intermediate care facility for

 

people with mental retardation other facility defined in 42 USC

 

1396d(d) or staffing agency has conducted a criminal history check

 

in compliance with this section or received criminal history record

 

information in compliance with subsection (3) or (10). This

 

subsection and subsection (1) do not apply to any of the following:

 

     (a) An individual who is employed by, under independent

 

contract to, or granted clinical privileges in a psychiatric

 

facility or intermediate care facility for people with mental

 

retardation other facility defined in 42 USC 1396d(d) before April

 

1, 2006. On or before April 1, 2011, an individual who is exempt

 

under this subdivision and who has not been the subject of a

 

criminal history check conducted in compliance with this section

 

shall provide the department of state police with a set of

 

fingerprints and the department of state police shall input those

 

fingerprints into the automated fingerprint identification system

 

database established under subsection (13). An individual who is

 

exempt under this subdivision is not limited to working within the

 

psychiatric facility or intermediate care facility for people with

 

mental retardation other facility defined in 42 USC 1396d(d) with

 

which he or she is employed by, under independent contract to, or

 

granted clinical privileges on April 1, 2006 but may transfer to

 

another psychiatric facility or intermediate care facility for

 

people with mental retardation, other facility defined in 42 USC


 

1396d(d), covered health facility, or adult foster care facility.

 

If an individual who is exempt under this subdivision is

 

subsequently convicted of a crime described under subsection (1)(a)

 

through (g) or found to be the subject of a substantiated finding

 

described under subsection (1)(i) or an order or disposition

 

described under subsection (1)(h), or is found to have been

 

convicted of a relevant crime described under subsection (1)(a),

 

then he or she is no longer exempt and shall be terminated from

 

employment or denied employment or clinical privileges.

 

     (b) An individual who is under an independent contract with a

 

psychiatric facility or intermediate care facility for people with

 

mental retardation other facility defined in 42 USC 1396d(d) if he

 

or she is not under the facility's control and the services for

 

which he or she is contracted is not directly related to the

 

provision of services to a patient or resident or if the services

 

for which he or she is contracted allows for direct access to the

 

patients or residents but is not performed on an ongoing basis.

 

This exception includes, but is not limited to, an individual who

 

is under an independent contract with the psychiatric facility or

 

intermediate care facility for people with mental retardation other

 

facility defined in 42 USC 1396d(d) to provide utility,

 

maintenance, construction, or communications services.

 

     (3) An individual who applies for employment either as an

 

employee or as an independent contractor or for clinical privileges

 

with a psychiatric facility or intermediate care facility for

 

people with mental retardation other facility defined in 42 USC

 

1396d(d) or a staffing agency and who has not been the subject of a


 

criminal history check conducted in compliance with this section

 

shall give written consent at the time of application for the

 

department of state police to conduct a criminal history check

 

under this section, along with identification acceptable to the

 

department of state police. If the applicant has been the subject

 

of a criminal history check conducted in compliance with this

 

section, the applicant shall give written consent at the time of

 

application for the psychiatric facility or intermediate care

 

facility for people with mental retardation other facility defined

 

in 42 USC 1396d(d) or staffing agency to obtain the criminal

 

history record information as prescribed in subsection (4) from the

 

relevant licensing or regulatory department and for the department

 

of state police to conduct a criminal history check under this

 

section if the requirements of subsection (10) are not met and a

 

request to the federal bureau of investigation to make a

 

determination of the existence of any national criminal history

 

pertaining to the applicant is necessary, along with identification

 

acceptable to the department of state police. Upon receipt of the

 

written consent to obtain the criminal history record information

 

and identification required under this subsection, the psychiatric

 

facility or intermediate care facility for people with mental

 

retardation other facility defined in 42 USC 1396d(d) or staffing

 

agency that has made a good-faith offer of employment or an

 

independent contract or clinical privileges to the applicant shall

 

request the criminal history record information from the relevant

 

licensing or regulatory department and shall make a request

 

regarding that applicant to the relevant licensing or regulatory


 

department to conduct a check of all relevant registries in the

 

manner required in subsection (4). If the requirements of

 

subsection (10) are not met and a request to the federal bureau of

 

investigation to make a subsequent determination of the existence

 

of any national criminal history pertaining to the applicant is

 

necessary, the psychiatric facility or intermediate care facility

 

for people with mental retardation other facility defined in 42 USC

 

1396d(d) or staffing agency shall proceed in the manner required in

 

subsection (4). A staffing agency that employs an applicant who

 

regularly has direct access to or provides direct services to

 

patients or residents under an independent contract with a

 

psychiatric facility or intermediate care facility for people with

 

mental retardation other facility defined in 42 USC 1396d(d) shall

 

submit information regarding the criminal history check conducted

 

by the staffing agency to the psychiatric facility or intermediate

 

care facility for people with mental retardation other facility

 

defined in 42 USC 1396d(d) that has made a good-faith offer of

 

independent contract to that applicant.

 

     (4) Upon receipt of the written consent to conduct a criminal

 

history check and identification required under subsection (3), a

 

psychiatric facility or intermediate care facility for people with

 

mental retardation other facility defined in 42 USC 1396d(d) or

 

staffing agency that has made a good-faith offer of employment or

 

an independent contract or clinical privileges to the applicant

 

shall make a request to the department of state police to conduct a

 

criminal history check on the applicant, to input the applicant's

 

fingerprints into the automated fingerprint identification system


 

database, and to forward the applicant's fingerprints to the

 

federal bureau of investigation. The department of state police

 

shall request the federal bureau of investigation to make a

 

determination of the existence of any national criminal history

 

pertaining to the applicant. The applicant shall provide the

 

department of state police with a set of fingerprints. The request

 

shall be made in a manner prescribed by the department of state

 

police. The psychiatric facility or intermediate care facility for

 

people with mental retardation other facility defined in 42 USC

 

1396d(d) or staffing agency shall make the written consent and

 

identification available to the department of state police. The

 

psychiatric facility or intermediate care facility for people with

 

mental retardation other facility defined in 42 USC 1396d(d) or

 

staffing agency shall make a request regarding that applicant to

 

the relevant licensing or regulatory department to conduct a check

 

of all relevant registries established under federal and state law

 

and regulations for any substantiated findings of abuse, neglect,

 

or misappropriation of property. If the department of state police

 

or the federal bureau of investigation charges a fee for conducting

 

the criminal history check, the psychiatric facility or

 

intermediate care facility for people with mental retardation other

 

facility defined in 42 USC 1396d(d) or staffing agency shall pay

 

the cost of the charge. The psychiatric facility or intermediate

 

care facility for people with mental retardation other facility

 

defined in 42 USC 1396d(d) or staffing agency shall not seek

 

reimbursement for a charge imposed by the department of state

 

police or the federal bureau of investigation from the individual


 

who is the subject of the criminal history check. A prospective

 

employee or a prospective independent contractor covered under this

 

section may not be charged for the cost of a criminal history check

 

required under this section. The department of state police shall

 

conduct a criminal history check on the applicant named in the

 

request. The department of state police shall provide the

 

department with a written report of the criminal history check

 

conducted under this subsection. The report shall contain any

 

criminal history record information on the applicant maintained by

 

the department of state police. The department of state police

 

shall provide the results of the federal bureau of investigation

 

determination to the department within 30 days after the request is

 

made. If the requesting psychiatric facility or intermediate care

 

facility for people with mental retardation other facility defined

 

in 42 USC 1396d(d) or staffing agency is not a state department or

 

agency and if criminal history record information is disclosed on

 

the written report of the criminal history check or the federal

 

bureau of investigation determination that resulted in a

 

conviction, the department shall notify the psychiatric facility or

 

intermediate care facility for people with mental retardation other

 

facility defined in 42 USC 1396d(d) or staffing agency and the

 

applicant in writing of the type of crime disclosed on the written

 

report of the criminal history check or the federal bureau of

 

investigation determination without disclosing the details of the

 

crime. Any charges imposed by the department of state police or the

 

federal bureau of investigation for conducting a criminal history

 

check or making a determination under this subsection shall be paid


 

in the manner required under this subsection. The notice shall

 

include a statement that the applicant has a right to appeal the

 

information relied upon by the psychiatric facility or intermediate

 

care facility for people with mental retardation other facility

 

defined in 42 USC 1396d(d) or staffing agency regarding his or her

 

employment eligibility based on the criminal history check. The

 

notice shall also include information regarding where to file and

 

describing the appellate procedures established under section

 

20173b of the public health code, 1978 PA 368, MCL 333.20173b.

 

     (5) If a psychiatric facility or intermediate care facility

 

for people with mental retardation other facility defined in 42 USC

 

1396d(d) determines it necessary to employ or grant clinical

 

privileges to an applicant before receiving the results of the

 

applicant's criminal history check or criminal history record

 

information under this section, the psychiatric facility or

 

intermediate care facility for people with mental retardation other

 

facility defined in 42 USC 1396d(d) may conditionally employ or

 

grant conditional clinical privileges to the individual if all of

 

the following apply:

 

     (a) The psychiatric facility or intermediate care facility for

 

people with mental retardation other facility defined in 42 USC

 

1396d(d) requests the criminal history check or criminal history

 

record information under this section upon conditionally employing

 

or conditionally granting clinical privileges to the individual.

 

     (b) The individual signs a statement in writing that indicates

 

all of the following:

 

     (i) That he or she has not been convicted of 1 or more of the


 

crimes that are described in subsection (1)(a) through (g) within

 

the applicable time period prescribed by each subdivision

 

respectively.

 

     (ii) That he or she is not the subject of an order or

 

disposition described in subsection (1)(h).

 

     (iii) That he or she has not been the subject of a substantiated

 

finding as described in subsection (1)(i).

 

     (iv) The individual agrees that, if the information in the

 

criminal history check conducted under this section does not

 

confirm the individual's statements under subparagraphs (i) through

 

(iii), his or her employment or clinical privileges will be

 

terminated by the psychiatric facility or intermediate care

 

facility for people with mental retardation other facility defined

 

in 42 USC 1396d(d) as required under subsection (1) unless and

 

until the individual appeals and can prove that the information is

 

incorrect.

 

     (v) That he or she understands the conditions described in

 

subparagraphs (i) through (iv) that result in the termination of his

 

or her employment or clinical privileges and that those conditions

 

are good cause for termination.

 

     (c) Except as otherwise provided in this subdivision, the

 

psychiatric facility or intermediate care facility for people with

 

mental retardation other facility defined in 42 USC 1396d(d) does

 

not permit the individual to have regular direct access to or

 

provide direct services to patients or residents in the psychiatric

 

facility or intermediate care facility for people with mental

 

retardation other facility defined in 42 USC 1396d(d) without


 

supervision until the criminal history check or criminal history

 

record information is obtained and the individual is eligible for

 

that employment or clinical privileges. If required under this

 

subdivision, the psychiatric facility or intermediate care facility

 

for people with mental retardation other facility defined in 42 USC

 

1396d(d) shall provide on-site supervision of an individual in the

 

facility on a conditional basis under this subsection by an

 

individual who has undergone a criminal history check conducted in

 

compliance with this section. A psychiatric facility or

 

intermediate care facility for people with mental retardation other

 

facility defined in 42 USC 1396d(d) may permit an individual in the

 

facility on a conditional basis under this subsection to have

 

regular direct access to or provide direct services to patients or

 

residents in the psychiatric facility or intermediate care facility

 

for people with mental retardation other facility defined in 42 USC

 

1396d(d) without supervision if all of the following conditions are

 

met:

 

     (i) The psychiatric facility or intermediate care facility for

 

people with mental retardation, other facility defined in 42 USC

 

1396d(d), at its own expense and before the individual has direct

 

access to or provides direct services to patients or residents of

 

the psychiatric facility or intermediate care facility for people

 

with mental retardation, other facility defined in 42 USC 1396d(d),

 

conducts a search of public records on that individual through the

 

internet criminal history access tool maintained by the department

 

of state police and the results of that search do not uncover any

 

information that would indicate that the individual is not eligible


 

to have regular direct access to or provide direct services to

 

patients or residents under this section.

 

     (ii) Before the individual has direct access to or provides

 

direct services to patients or residents of the psychiatric

 

facility or intermediate care facility for people with mental

 

retardation, other facility defined in 42 USC 1396d(d), the

 

individual signs a statement in writing that he or she has resided

 

in this state without interruption for at least the immediately

 

preceding 12-month period.

 

     (iii) If applicable, the individual provides to the department

 

of state police a set of fingerprints on or before the expiration

 

of 10 business days following the date the individual was

 

conditionally employed or granted conditional clinical privileges

 

under this subsection.

 

     (6) The department shall develop and distribute a model form

 

for the statements required under subsection (5)(b) and (c). The

 

department shall make the model form available to psychiatric

 

facilities or intermediate care facilities for people with mental

 

retardation other facility defined in 42 USC 1396d(d) subject to

 

this section upon request at no charge.

 

     (7) If an individual is employed as a conditional employee or

 

is granted conditional clinical privileges under subsection (5),

 

and the information under subsection (3) or report under subsection

 

(4) does not confirm the individual's statement under subsection

 

(5)(b)(i) through (iii), the psychiatric facility or intermediate

 

care facility for people with mental retardation other facility

 

defined in 42 USC 1396d(d) shall terminate the individual's


 

employment or clinical privileges as required by subsection (1).

 

     (8) An individual who knowingly provides false information

 

regarding his or her identity, criminal convictions, or

 

substantiated findings on a statement described in subsection

 

(5)(b)(i) through (iii) is guilty of a misdemeanor punishable by

 

imprisonment for not more than 93 days or a fine of not more than

 

$500.00, or both.

 

     (9) A psychiatric facility or intermediate care facility for

 

people with mental retardation other facility defined in 42 USC

 

1396d(d) or staffing agency shall use criminal history record

 

information obtained under subsection (3) or (4) only for the

 

purpose of evaluating an applicant's qualifications for employment,

 

an independent contract, or clinical privileges in the position for

 

which he or she has applied and for the purposes of subsections (5)

 

and (7). A psychiatric facility or intermediate care facility for

 

people with mental retardation other facility defined in 42 USC

 

1396d(d) or staffing agency or an employee of the psychiatric

 

facility or intermediate care facility for people with mental

 

retardation other facility defined in 42 USC 1396d(d) or staffing

 

agency shall not disclose criminal history record information

 

obtained under subsection (3) or (4) to a person who is not

 

directly involved in evaluating the applicant's qualifications for

 

employment, an independent contract, or clinical privileges. An

 

individual who knowingly uses or disseminates the criminal history

 

record information obtained under subsection (3) or (4) in

 

violation of this subsection is guilty of a misdemeanor punishable

 

by imprisonment for not more than 93 days or a fine of not more


 

than $1,000.00, or both. Except for a knowing or intentional

 

release of false information, a psychiatric facility or

 

intermediate care facility for people with mental retardation other

 

facility defined in 42 USC 1396d(d) or staffing agency has no

 

liability in connection with a criminal history check conducted in

 

compliance with this section or the release of criminal history

 

record information under this subsection.

 

     (10) Upon consent of an applicant as required in subsection

 

(3) and upon request from a psychiatric facility or intermediate

 

care facility for people with mental retardation other facility

 

defined in 42 USC 1396d(d) or staffing agency that has made a good-

 

faith offer of employment or an independent contract or clinical

 

privileges to the applicant, the relevant licensing or regulatory

 

department shall review the criminal history record information, if

 

any, and notify the requesting psychiatric facility or intermediate

 

care facility for people with mental retardation other facility

 

defined in 42 USC 1396d(d) or staffing agency of the information in

 

the manner prescribed in subsection (4). Until the federal bureau

 

of investigation implements an automatic notification system

 

similar to the system required of the state police under subsection

 

(13) and federal regulations allow the federal criminal record to

 

be used for subsequent authorized uses, as determined in an order

 

issued by the department, a covered health or staffing agency

 

facility may rely on the criminal history record information

 

provided by the relevant licensing or regulatory department under

 

this subsection and a request to the federal bureau of

 

investigation to make a subsequent determination of the existence


 

of any national criminal history pertaining to the applicant is not

 

necessary if all of the following requirements are met:

 

     (a) The criminal history check was conducted during the

 

immediately preceding 12-month period.

 

     (b) The applicant has been continuously employed by a

 

psychiatric facility or intermediate care facility for people with

 

mental retardation, other facility defined in 42 USC 1396d(d),

 

covered health facility, or adult foster care facility or the

 

staffing agency since the criminal history check was conducted in

 

compliance with this section or meets the continuous employment

 

requirement of this subdivision other than being on layoff status

 

for less than 1 year from a psychiatric facility or intermediate

 

care facility for people with mental retardation, other facility

 

defined in 42 USC 1396d(d), covered health facility, or adult

 

foster care facility.

 

     (c) The applicant can provide evidence acceptable to the

 

relevant licensing or regulatory department that he or she has been

 

a resident of this state for the immediately preceding 12-month

 

period.

 

     (11) As a condition of continued employment, each employee,

 

independent contractor, or individual granted clinical privileges

 

shall do each of the following:

 

     (a) Agree in writing to report to the psychiatric facility or

 

intermediate care facility for people with mental retardation other

 

facility defined in 42 USC 1396d(d) or staffing agency immediately

 

upon being arraigned for 1 or more of the criminal offenses listed

 

in subsection (1)(a) through (g), upon being convicted of 1 or more


 

of the criminal offenses listed in subsection (1)(a) through (g),

 

upon becoming the subject of an order or disposition described

 

under subsection (1)(h), and upon being the subject of a

 

substantiated finding of neglect, abuse, or misappropriation of

 

property as described in subsection (1)(i). Reporting of an

 

arraignment under this subdivision is not cause for termination or

 

denial of employment.

 

     (b) If a set of fingerprints is not already on file with the

 

department of state police, provide the department of state police

 

with a set of fingerprints.

 

     (12) In addition to sanctions set forth in this act, a

 

licensee, owner, administrator, or operator of a psychiatric

 

facility or intermediate care facility for people with mental

 

retardation other facility defined in 42 USC 1396d(d) or staffing

 

agency who knowingly and willfully fails to conduct the criminal

 

history checks as required under this section is guilty of a

 

misdemeanor punishable by imprisonment for not more than 1 year or

 

a fine of not more than $5,000.00, or both.

 

     (13) In collaboration with the department of state police, the

 

department of technology, management, and budget shall establish

 

and maintain an automated fingerprint identification system

 

database that would allow the department of state police to store

 

and maintain all fingerprints submitted under this section and

 

would provide for an automatic notification if and when a

 

subsequent criminal arrest fingerprint card submitted into the

 

system matches a set of fingerprints previously submitted under

 

this section. Upon such notification, the department of state


 

police shall immediately notify the department and the department

 

shall immediately contact each respective psychiatric facility or

 

intermediate care facility for people with mental retardation other

 

facility defined in 42 USC 1396d(d) or staffing agency with which

 

that individual is associated. Information in the database

 

established under this subsection is confidential, is not subject

 

to disclosure under the freedom of information act, 1976 PA 442,

 

MCL 15.231 to 15.246, and shall not be disclosed to any person

 

except for purposes of this act or for law enforcement purposes.

 

     (14) The department shall maintain an electronic web-based

 

system to assist psychiatric facilities or intermediate care

 

facilities for people with mental retardation other facility

 

defined in 42 USC 1396d(d) and staffing agencies required to check

 

relevant registries and conduct criminal history checks of its

 

employees and independent contractors, and individuals granted

 

privileges and to provide for an automated notice to those

 

psychiatric facilities or intermediate care facilities for people

 

with mental retardation other facility defined in 42 USC 1396d(d)

 

and staffing agencies for those individuals inputted in the system

 

who, since the initial criminal history check, have been convicted

 

of a disqualifying offense or have been the subject of a

 

substantiated finding of abuse, neglect, or misappropriation of

 

property. The department may charge a staffing agency a 1-time set-

 

up fee of up to $100.00 for access to the electronic web-based

 

system under this section.

 

     (15) As used in this section:

 

     (a) "Adult foster care facility" means an adult foster care


 

facility licensed under the adult foster care facility licensing

 

act, 1979 PA 218, MCL 400.701 to 400.737.

 

     (b) "Convicted" means either of the following:

 

     (i) For a crime that is not a relevant crime, a final

 

conviction, the payment of a fine, a plea of guilty or nolo

 

contendere if accepted by the court, or a finding of guilt for a

 

criminal law violation or a juvenile adjudication or disposition by

 

the juvenile division of probate court or family division of

 

circuit court for a violation that if committed by an adult would

 

be a crime.

 

     (ii) For a relevant crime described under 42 USC 1320a-7(a),

 

convicted means that term as defined in 42 USC 1320a-7.

 

     (c) "Covered health facility" means a nursing home, county

 

medical care facility, hospice, hospital that provides swing bed

 

services, or home for the aged licensed under article 17 of the

 

public health code, 1978 PA 368, MCL 333.20101 to 333.22260, or

 

home health agency.

 

     (d) "Criminal history check conducted in compliance with this

 

section" includes a criminal history check conducted under this

 

section, under section 20173a of the public health code, 1978 PA

 

3658, MCL 333.20173a, or under section 34b of the adult foster care

 

facility licensing act, 1979 PA 218, MCL 400.734b.

 

     (e) "Direct access" means access to a patient or resident or

 

to a patient's or resident's property, financial information,

 

medical records, treatment information, or any other identifying

 

information.

 

     (f) "Home health agency" means a person certified by medicare


 

whose business is to provide to individuals in their places of

 

residence other than in a hospital, nursing home, or county medical

 

care facility 1 or more of the following services: nursing

 

services, therapeutic services, social work services, homemaker

 

services, home health aide services, or other related services.

 

     (g) "Independent contract" means a contract entered into by a

 

health facility or agency with an individual who provides the

 

contracted services independently or a contract entered into by a

 

health facility or agency with a staffing agency that complies with

 

the requirements of this section to provide the contracted services

 

to the psychiatric facility or intermediate care facility for

 

people with mental retardation other facility defined in 42 USC

 

1396d(d) on behalf of the staffing agency.

 

     (h) "Medicare" means benefits under the federal medicare

 

program established under title XVIII of the social security act,

 

42 USC 1395 to 1395iii.1395kkk-1.

 

     (i) "Staffing agency" means an entity that recruits candidates

 

and provides temporary and permanent qualified staffing for

 

psychiatric facilities or intermediate care facilities for people

 

with mental retardation, other facility defined in 42 USC 1396d(d),

 

including independent contractors.

 

     (j) "Under the facility's control" means an individual

 

employed by or under independent contract with a psychiatric

 

facility or intermediate care facility for people with mental

 

retardation other facility defined in 42 USC 1396d(d) for whom the

 

psychiatric facility or intermediate care facility for people with

 

mental retardation other facility defined in 42 USC 1396d(d) does


 

both of the following:

 

     (i) Determines whether the individual who has access to

 

patients or residents may provide care, treatment, or other similar

 

support service functions to patients or residents served by the

 

psychiatric facility or intermediate care facility for people with

 

mental retardation.other facility defined in 42 USC 1396d(d).

 

     (ii) Directs or oversees 1 or more of the following:

 

     (A) The policy or procedures the individual must follow in

 

performing his or her duties.

 

     (B) The tasks performed by the individual.

 

     (C) The individual's work schedule.

 

     (D) The supervision or evaluation of the individual's work or

 

job performance, including imposing discipline or granting

 

performance awards.

 

     (E) The compensation the individual receives for performing

 

his or her duties.

 

     (F) The conditions under which the individual performs his or

 

her duties.

 

     Sec. 504. An individual with a developmental disability other

 

than mental retardation an intellectual disability is eligible for

 

temporary and administrative admission pursuant to under sections

 

508 and 509, but is not eligible for judicial admission.

 

     Sec. 515. A court may order the admission of an individual 18

 

years of age or older who meets both of the following requirements:

 

     (a) Has been diagnosed as an individual with mental

 

retardation.an intellectual disability.

 

     (b) Can be reasonably expected within the near future to


 

intentionally or unintentionally seriously physically injure

 

himself or herself or another person, and has overtly acted in a

 

manner substantially supportive of that expectation.

 

     Sec. 932. The several counties of the state of Michigan shall

 

have power and authority, by resolution of the county board of

 

commissioners, to provide for the care, custody, and maintenance of

 

mentally retarded and other developmentally disabled persons within

 

such the counties and for this purpose counties may raise money by

 

tax or by loan and issue bonds of the county to secure the

 

repayment of any such the loan in the manner and within the limits

 

provided by law for the erection of buildings and for the purchase

 

of equipment. Counties may raise by tax, in the manner and within

 

the limits provided by law, such the sum or sums as may be needed

 

from year to year, for the support, maintenance, and care of

 

mentally retarded and other developmentally disabled persons

 

admitted to the care of any facility maintained by such the

 

counties under and by authority of law.

 

     Sec. 1001a. (1) "Center for forensic psychiatry program" means

 

that program established by the center for forensic psychiatry to

 

provide services related to all of the following:

 

     (a) Persons who are alleged to be incompetent to stand trial.

 

     (b) Persons who are acquitted of criminal charges by reason of

 

insanity.

 

     (c) Persons who are transferred to the center from places of

 

detention or from other state psychiatric hospitals.

 

     (2) "Corrections mental health program" means that program of

 

the department of corrections that is responsible for the provision


 

of mental health services to certain prisoners under this chapter.

 

     (3) "Hearing committee" means a committee appointed by the

 

corrections mental health program pursuant to under section 1003c.

 

     (4) "Mental health services" means the provision of mental

 

health care in a protective environment to prisoners with mental

 

illness or mental retardation, developmental disability, including,

 

but not limited to, chemotherapy and individual and group

 

therapies.

 

     (5) "Mental illness" means a substantial disorder of thought

 

or mood that significantly impairs judgment, behavior, capacity to

 

recognize reality, or ability to cope with the ordinary demands of

 

life.

 

     (6) "Mentally retarded" means significantly subaverage general

 

intellectual functioning that originates during the developmental

 

period and is associated with impairment in adaptive behavior.

 

     Sec. 1003. The department of corrections shall establish and

 

operate the corrections mental health program to provide mental

 

health services for prisoners who are mentally retarded

 

developmentally disabled or mentally ill and need those services.

 

The director of the department shall review the program's

 

structure, content, quality standards, and implementation. The

 

department of corrections may contract with the department or

 

third-party providers to operate the corrections mental health

 

program. The director of the department of corrections shall

 

appoint the director of the corrections mental health program. The

 

director of the corrections mental health program shall be an

 

individual with an advanced degree in a mental health field and a


 

minimum of 5 years' experience in a mental health field.

 

     Sec. 1003a. The following procedures apply to involuntary

 

admission to the corrections mental health program:

 

     (a) A person may file with the officer in charge of a state

 

correctional facility a written notice alleging that a particular

 

prisoner is mentally ill or mentally retarded developmentally

 

disabled and requires treatment. Upon receipt of the written

 

notice, the officer in charge of the facility shall contact the

 

corrections mental health program, which shall initiate an

 

evaluation by a mental health professional. If the officer in

 

charge of a state correctional facility receives a report from a

 

mental health professional that a prisoner may be mentally ill, the

 

officer shall ensure that the prisoner is examined by a

 

psychiatrist as soon as administratively possible. If the report

 

from the mental health professional states that the prisoner may be

 

mentally retarded, developmentally disabled, the officer shall

 

ensure that the prisoner is examined by a psychologist as soon as

 

administratively possible. Unless the prisoner can be examined

 

within the facility where he or she is housed, the prisoner shall

 

be transferred to an appropriate facility for examination.

 

     (b) Upon completion of the examination described in

 

subdivision (a), the psychiatrist or psychologist shall execute a

 

certificate of findings that specifies whether, in the

 

psychiatrist's or psychologist's opinion, the prisoner is mentally

 

ill or mentally retarded. developmentally disabled. If a finding of

 

mental illness or mental retardation developmental disability is

 

made, the psychiatrist or psychologist shall recommend suitable


 

treatment available within the corrections mental health program.

 

     (c) Upon completion of the examination described in

 

subdivision (a), if the psychiatrist or psychologist determines

 

that the prisoner is mentally ill or mentally retarded

 

developmentally disabled and is a present danger to himself or

 

herself or to others, and if the prisoner refuses treatment, the

 

psychiatrist may order involuntary administration of psychotropic

 

medication pending a hearing pursuant to under section 1003c.

 

     (d) Upon completion of the certificate required under

 

subdivision (b), the officer in charge of the state correctional

 

facility shall provide to the prisoner and the guardian of the

 

person, if applicable, a copy of the certificate, a copy of the

 

psychiatrist's or psychologist's report of the examination, and a

 

notice of hearing explaining hearing procedures and rights set

 

forth in section 1003c. The documents shall be provided at least 24

 

hours before the hearing.

 

     (e) If the prisoner agrees with the treatment recommended

 

under subdivision (b), the prisoner may execute a waiver of hearing

 

and consent to treatment.

 

     (f) If the prisoner refuses the treatment recommended under

 

subdivision (b), a hearing shall be held pursuant to under section

 

1003c.

 

     (g) The prisoner shall not be medicated for 24 hours before a

 

hearing held under section 1003c.

 

     (h) If, following a hearing held pursuant to under section

 

1003c, the hearing committee finds that the prisoner is not

 

mentally retarded or mentally ill or developmentally disabled, the


 

prisoner shall be placed according to normal procedures of the

 

department of corrections. If the hearing committee finds that the

 

prisoner is mentally retarded or mentally ill or developmentally

 

disabled and that the proposed services are suitable to the

 

prisoner's condition, the corrections mental health program shall

 

provide the mental health services designated by the hearing

 

committee. If the hearing committee finds that the prisoner is

 

mentally ill or mentally retarded developmentally disabled but that

 

the proposed services are not suitable to the prisoner's condition,

 

the corrections mental health program shall provide services that

 

are available within the corrections mental health program that are

 

suitable to the prisoner's condition as ordered by the hearing

 

committee.

 

     Sec. 1003b. The following procedures apply to voluntary

 

admission to the corrections mental health program:

 

     (a) If a prisoner desires to be voluntarily admitted to the

 

corrections mental health program, the officer in charge of the

 

state correctional facility in which the prisoner is housed shall

 

transfer the prisoner, if necessary, to the appropriate location

 

designated by the corrections mental health program for an

 

examination by a psychiatrist or a psychologist, as applicable. If

 

the examining psychiatrist or psychologist certifies to the

 

corrections mental health program that the prisoner is mentally ill

 

or mentally retarded developmentally disabled and is clinically

 

suited for admission, the corrections mental health program shall

 

provide the prisoner with a written individual plan of services

 

pursuant according to section 712. Upon the prisoner's consent to


 

the individual plan of services, the corrections mental health

 

program shall admit the prisoner to the program.

 

     (b) Except as otherwise provided in subdivision (c), a

 

prisoner who is voluntarily transferred under this section shall

 

not be admitted to the corrections mental health program for more

 

than 3 days, excluding Sundays and legal holidays, after the

 

prisoner gives written notice of his or her intention to terminate

 

the admission and return to the general population of the state

 

correctional facility. If the corrections mental health program is

 

advised by a prisoner of an intention to terminate admission, the

 

program shall promptly provide the written form required for

 

termination of admission and return the prisoner to the general

 

population of the state correctional facility.

 

     (c) If written notice of termination of admission has been

 

given pursuant according to subdivision (b) and has not been

 

withdrawn, and if the director of the corrections mental health

 

program determines that the prisoner continues to require mental

 

health services, the director, or a person designated by the

 

director, within 3 days, excluding Sundays and holidays, after the

 

receipt by the corrections mental health program of the notice,

 

shall provide the prisoner and the guardian of the person, if

 

applicable, with a notice of hearing explaining hearing rights set

 

forth in section 1003c. The prisoner shall not be medicated for 24

 

hours prior to the hearing. If, following the hearing, the hearing

 

committee finds that the prisoner does not require mental health

 

services, the prisoner shall be placed according to normal

 

procedures of the department of corrections. If the hearing


 

committee finds that the prisoner continues to require mental

 

health services, the corrections mental health program shall

 

continue to provide those services.

 

     Sec. 1003c. (1) If a prisoner refuses treatment or services

 

recommended under section 1003a or if the corrections mental health

 

program determines that a voluntary admittee to the program who

 

wishes to terminate admission continues to require mental health

 

services, the corrections mental health program shall appoint a

 

hearing committee to hear the matter. The hearing committee shall

 

consist of a psychiatrist, a psychologist, and another mental

 

health professional, whose licensure or registration requirements

 

include a minimum of a baccalaureate degree from an accredited

 

college or university, none of whom is, at the time of hearing,

 

involved in the prisoner's treatment or diagnosis.

 

     (2) A hearing under this section shall be held not less than

 

24 hours after the prisoner and the guardian of the person, if

 

applicable, are provided the documents required under section

 

1003a(d) or section 1003b(c), but not more than 7 business days

 

after the documents have been provided to the prisoner.

 

     (3) A prisoner has the following rights with respect to the

 

hearing under this section:

 

     (a) Attendance at the hearing, and if the prisoner has a

 

guardian of the person, the guardian's attendance at the hearing.

 

     (b) Presentation of evidence, including witnesses, who may be

 

family members, and cross-examination of witnesses, unless the

 

hearing committee finds that the presentation, confrontation, or

 

cross-examination would present a serious threat to the order and


 

security of the facility or the safety of the prisoner or others.

 

     (c) Assistance of 1 of the following persons designated by the

 

director of the corrections mental health program:

 

     (i) A recipient rights advisor from the office of recipient

 

rights.

 

     (ii) A mental health professional who is not involved in the

 

prisoner's treatment or diagnosis and whose licensure or

 

registration requirements include a minimum of a baccalaureate

 

degree from an accredited college or university.

 

     (4) The hearing committee appointed under subsection (1) shall

 

consider the report of the mental health professional who has

 

alleged that the prisoner is mentally ill or mentally retarded,

 

developmentally disabled, the certificate described in section

 

1003a(1)(b), 1003a(b), proof of service of the notice of hearing,

 

proof of nonmedication for 24 hours prior to the hearing, and any

 

other admissible evidence presented at the hearing. To be

 

admissible, evidence shall be relevant, nonrepetitious, and of a

 

type relied upon by a person in the conduct of everyday affairs.

 

     (5) The hearing committee appointed under subsection (1) shall

 

prepare an official record of the hearing including all evidence

 

described in subsection (4). The hearing shall be recorded, but

 

need not be transcribed unless requested by a party. A party who

 

requests transcription shall pay for the transcription of the

 

portion requested.

 

     (6) After a hearing under this section, the hearing committee

 

shall decide by a majority vote that includes an affirmative vote

 

by the psychiatrist whether the prisoner is mentally ill or


 

mentally retarded developmentally disabled and whether the proposed

 

mental health services are suitable to the prisoner's condition. If

 

the hearing committee finds that the prisoner is mentally ill or

 

mentally retarded developmentally disabled but that the proposed

 

services are not suitable to the prisoner's condition, the hearing

 

committee shall order services available within the corrections

 

mental health program that are suitable to the prisoner's

 

condition.

 

     (7) Upon reaching a decision, the hearing committee shall

 

prepare a report and order expressing the findings of the hearing

 

committee and the basis for those findings. Each member shall

 

indicate his or her agreement or disagreement with the hearing

 

committee findings. Within 24 hours after the hearing, the hearing

 

committee shall provide a copy of the hearing committee report and

 

order to the prisoner.

 

     (8) A prisoner may appeal the decision of the hearing

 

committee under this section to the director of the corrections

 

mental health program if the appeal is filed within 48 hours of the

 

prisoner's receipt of the hearing committee's report and order

 

under subsection (7). The director of the corrections mental health

 

program shall render a decision within 2 business days after

 

receipt of the appeal.

 

     (9) A prisoner may appeal the decision of the director of the

 

corrections mental health program under subsection (8) pursuant

 

according to section 631 of the revised judicature act of 1961, Act

 

No. 236 of the Public Acts of 1961, being section 600.631 of the

 

Michigan Compiled Laws, 1961 PA 236, MCL 600.631, except that no


 

oral argument shall be permitted. If the director of the

 

corrections mental health program upholds the hearing committee's

 

findings of mental illness or mental retardation developmental

 

disability and the hearing committee's proposed services, the

 

prisoner's treatment shall not be stayed pending the appeal.

 

     Sec. 1004. (1) A prisoner shall continue to be credited with

 

those good time credits and other statutory reductions of his or

 

her penal sentence to which he or she is entitled while in the

 

corrections mental health program, subject to the terms and

 

conditions that are applicable in a state correctional facility.

 

The prisoner shall continue to be subject to all disciplinary

 

sanctions that are not attributable to the prisoner's mental

 

illness or mental retardation.developmental disability.

 

     (2) At the time a prisoner is admitted to the corrections

 

mental health program, the department of corrections shall notify

 

the director of the corrections mental health program of the date

 

on which the sentence of the prisoner is to expire and of any

 

reductions of the sentence recorded to date. The corrections mental

 

health program shall enter the sentence expiration date in the

 

record it maintains for the prisoner.

 

     Sec. 1005d. (1) An initial order for treatment under section

 

1003c shall be for a period not to exceed 90 days.

 

     (2) If, before the expiration of the initial 90-day order, the

 

treating psychiatrist or psychologist believes that a prisoner

 

continues to be mentally ill or mentally retarded developmentally

 

disabled and requires mental health services, the treating

 

psychiatrist or psychologist, not less than 14 days before the


 

expiration of the order, shall file with the director of the

 

corrections mental health program or the director's designee a

 

report of the determination that the prisoner continues to require

 

those services. Upon receipt of the report under this subsection

 

and proof of notice to the prisoner of an opportunity for a

 

hearing, and following a hearing, if requested by the prisoner, a

 

hearing committee appointed pursuant to under section 1003c may

 

authorize continued care in the corrections mental health program

 

for an additional period not to exceed 90 days.

 

     (3) If, before the expiration of the second 90-day order, the

 

treating psychiatrist or psychologist believes that the condition

 

of a prisoner is such that the prisoner continues to be mentally

 

ill or mentally retarded developmentally disabled and requires

 

mental health services, the treating psychiatrist or psychologist,

 

not less than 14 days before the expiration of the order, shall

 

file with the director of the corrections mental health program or

 

the director's designee a report of the determination that the

 

prisoner continues to require those services. Upon receipt of the

 

report under this subsection and proof of notice to the prisoner of

 

an opportunity for a hearing, and following a hearing, if requested

 

by the prisoner, the hearing committee may authorize continued care

 

in the corrections mental health program for an additional period

 

not to exceed 180 days. Upon completion of the order for continuing

 

admission to the corrections mental health program, if the treating

 

psychiatrist or psychologist believes that the prisoner continues

 

to be mentally ill or mentally retarded developmentally disabled

 

and requires mental health services, the treating psychiatrist or


 

psychologist shall request an initial order of admission pursuant

 

to under section 1003c.

 

     (4) A report of a determination under subsection (2) or (3)

 

shall be accompanied by a certificate executed by the psychiatrist

 

or psychologist and shall contain a statement setting forth all of

 

the following:

 

     (a) The reasons for the treating psychiatrist's or

 

psychologist's determination that the prisoner continues to be

 

mentally ill or mentally retarded developmentally disabled and

 

requires mental health services.

 

     (b) A statement describing the treatment program provided to

 

the prisoner.

 

     (c) The results of the course of treatment.

 

     (d) A clinical estimate as to the time further treatment will

 

be required.

 

     (5) If at any hearing held under this section the hearing

 

committee appointed under section 1003c finds that the prisoner is

 

not mentally ill or mentally retarded, developmentally disabled,

 

the hearing committee shall enter a finding to that effect and the

 

prisoner shall be placed according to normal procedures of the

 

department of corrections.

 

     Sec. 1006. (1) A prisoner admitted to the corrections mental

 

health program pursuant according to section 1003a or section 1003b

 

shall be discharged from the program when 1 or more both of the

 

following occur:

 

     (a) The prisoner ceases to require mental health services.

 

     (b) The prisoner is paroled or discharged from prison.


 

     (2) If a prisoner is to be discharged from the corrections

 

mental health program before the expiration of the prisoner's

 

criminal sentence, the director of the corrections mental health

 

program shall first notify the department of corrections of the

 

pending discharge, and shall transmit a full report on the

 

condition of the prisoner to the department of corrections.

 

     (3) If the prisoner is paroled or discharged from prison, and

 

the corrections mental health program considers the prisoner to be

 

a person requiring treatment, as defined in section 401, or a

 

person who meets the criteria for judicial admission, as prescribed

 

in section 515, the director of the corrections mental health

 

program at least 14 days before the parole date or the date of

 

discharge shall file a petition pursuant to under section 434 or

 

section 516 asserting that the prisoner is a person requiring

 

treatment or that the prisoner meets the criteria for judicial

 

admission. The petition shall be filed with the probate court of

 

the prisoner's county of residence.

 

     (4) The department of mental community health is responsible

 

for assuring that needed aftercare reintegration and community-

 

based mental health services are offered to mentally ill and

 

mentally retarded developmentally disabled persons who are leaving

 

prison, upon referral by the department of corrections. Upon

 

request from the department of corrections, community-based mental

 

health services shall be provided by the department of mental

 

community health throughout the parole period.