HOUSE BILL No. 4627 April 15, 1997, Introduced by Reps. Brater, Baird, Varga, Hanley, Dobronski, Mans, Martinez, Brewer, Schauer, Murphy, Parks, Freeman, Gubow, Profit, Ciaramitaro and Price and referred to the Committee on Mental Health. A bill to amend 1927 PA 175, entitled "The code of criminal procedure," (MCL 760.1 to 776.22) by adding section 85 to chapter VII. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 CHAPTER VII 2 SEC. 85. (1) UPON THE MOTION OF A PARTY OR UPON THE COURT'S 3 OWN MOTION, THE COURT MAY CONDUCT A HEARING TO DETERMINE WHETHER 4 AN INDIVIDUAL CHARGED WITH COMMITTING A CRIME DESIRES OR REQUIRES 5 TREATMENT OR HAS PREVIOUSLY BEEN TREATED OR APPLIED FOR TREATMENT 6 OR SERVICES FOR A MENTAL ILLNESS, EMOTIONAL DISTURBANCE, MENTAL 7 DISABILITY, OR MENTAL RETARDATION AND WHETHER THE INTERESTS OF 8 THE PUBLIC AND THE INDIVIDUAL WOULD BE BEST SERVED BY REQUIRING 9 THE INDIVIDUAL TO OBTAIN TREATMENT FOR THE MENTAL ILLNESS, 10 EMOTIONAL DISTURBANCE, DEVELOPMENTAL DISABILITY, OR MENTAL 00725'97 * TVD 2 1 RETARDATION. IN MAKING THE DETERMINATION UNDER THIS SUBSECTION, 2 THE COURT SHALL CONSIDER ALL OF THE FOLLOWING: 3 (A) THE NATURE AND SERIOUSNESS OF THE CRIME ALLEGEDLY 4 COMMITTED. 5 (B) THE INDIVIDUAL'S PRIOR CRIMINAL RECORD. 6 (C) THE INDIVIDUAL'S PRIOR MENTAL HEALTH RECORD. 7 (D) THE LIKELIHOOD THAT THE INDIVIDUAL WOULD BENEFIT FROM 8 MENTAL HEALTH TREATMENT OR SERVICES. 9 (E) OTHER INFORMATION CONSIDERED RELEVANT BY THE COURT. 10 (2) THE COURT SHALL INFORM THE INDIVIDUAL AND HIS OR HER 11 ATTORNEY THAT THE INDIVIDUAL MAY REFUSE TO PARTICIPATE IN A PRO- 12 GRAM OF TREATMENT OFFERED UNDER THIS SECTION AND INSTEAD ALLOW 13 THE CRIMINAL PROCEEDING TO PROCEED. 14 (3) IF THE INDIVIDUAL DOES NOT INFORM THE COURT THAT HE OR 15 SHE DOES NOT WISH TO PARTICIPATE IN A MENTAL HEALTH TREATMENT 16 PROGRAM AS PROVIDED IN SUBSECTION (1), THE COURT SHALL PRESENT TO 17 THE INDIVIDUAL A DIVERSION CONTRACT TO BE SIGNED BY THE INDIVID- 18 UAL AND THE COURT. BY SIGNING THE DIVERSION CONTRACT, THE INDI- 19 VIDUAL AGREES FOR THE TERM OF THE DIVERSION PERIOD TO ABIDE BY 20 THE TERMS OF ANY COURT ORDER ENTERED WITH RESPECT TO HIS OR HER 21 CASE, TO REMAIN IN SUBSTANTIAL COMPLIANCE WITH ANY COURSE OF 22 TREATMENT RECOMMENDED OR ORDERED UNDER AN ORDER OF THE COURT, AND 23 NOT TO VIOLATE ANY CRIMINAL LAW OR ORDINANCE OF THE UNITED 24 STATES, THIS STATE, OR A POLITICAL SUBDIVISION OF THIS STATE. BY 25 SIGNING THE DIVERSION CONTRACT, THE COURT AGREES TO STAY FURTHER 26 ADJUDICATION OF THE UNDERLYING CRIMINAL CHARGE AND TO DISMISS THE 00725'97 * 3 1 CHARGE AT THE CONCLUSION OF THE PERIOD OF DIVERSION IF THE 2 INDIVIDUAL ABIDES BY THE TERMS OF THE DIVERSION CONTRACT. 3 (4) IF A DIVERSION CONTRACT HAS BEEN SIGNED UNDER SUBSECTION 4 (3), THE COURT SHALL STAY THE CRIMINAL CASE FOR NOT MORE THAN 1 5 YEAR. 6 (5) IF THE COURT IS INFORMED AT ANY TIME DURING THE DIVER- 7 SIONARY PERIOD THAT THE INDIVIDUAL HAS NOT ABIDED BY THE TERMS OF 8 THE DIVERSION CONTRACT, THE COURT MAY RESCIND THE DIVERSION CON- 9 TRACT AND RENEW ADJUDICATION OF THE CRIMINAL CASE. IF THE COURT 10 CHOOSES NOT TO RESCIND THE DIVERSION CONTRACT, THE CONTRACT 11 REMAINS IN EFFECT AND IS BINDING ON ALL OF THE PARTIES. 12 (6) IF THE COURT RESCINDS THE DIVERSION CONTRACT DURING THE 13 PERIOD OF DIVERSION UNDER SUBSECTION (5), THE COURT SHALL PROVIDE 14 A WRITTEN NOTICE OF THE RESCISSION TO THE INDIVIDUAL AND HIS OR 15 HER ATTORNEY AND TO THE PROSECUTING ATTORNEY. 16 (7) AT THE CONCLUSION OF THE DIVERSION PERIOD, THE COURT 17 SHALL COMPLY WITH THE TERMS OF THE DIVERSION CONTRACT. 18 (8) STATEMENTS MADE BY A DEFENDANT TO A PSYCHIATRIST, PSY- 19 CHOLOGIST, OR OTHER MENTAL HEALTH PROFESSIONAL WHO CONDUCTS AN 20 EXAMINATION OF AN INDIVIDUAL UNDER THIS SECTION ARE NOT ADMISSI- 21 BLE DURING ANY SUBSEQUENT CRIMINAL PROCEEDING INVOLVING THE 22 ALLEGED CRIMINAL CONDUCT ON ANY ISSUE OTHER THAN THE INDIVIDUAL'S 23 MENTAL ILLNESS, INSANITY, OR DIMINISHED CAPACITY AT THE TIME OF 24 THE ALLEGED OFFENSE. 25 (9) AN INDIVIDUAL WHO HAS A MENTAL ILLNESS, EMOTIONAL DIS- 26 TURBANCE, DEVELOPMENTAL DISABILITY, OR MENTAL RETARDATION SHALL 27 NOT BE HELD IN A JAIL OR OTHER PLACE OF CRIMINAL DETENTION AS AN 00725'97 * 4 1 ALTERNATIVE TO MENTAL HEALTH TREATMENT UNLESS HE OR SHE IS BEING 2 HELD IN PROTECTIVE CUSTODY AS DEFINED IN SECTION 100C OF THE 3 MENTAL HEALTH CODE, 1974 PA 258, MCL 330.1100C. 4 Enacting section 1. This amendatory act does not take 5 effect unless Senate Bill No. ________ or House Bill No. ________ 6 (request no. 00724'97 *) of the 89th Legislature is enacted into 7 law. 00725'97 * Final page. TVD