HB-4696, As Passed House, December 12, 2013HB-4696, As Passed Senate, December 11, 2013

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4696

A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

(MCL 600.101 to 600.9947) by adding sections 1094, 1095, and 1096.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1094. (1) If the individual is charged in a criminal case

or, in the case of a juvenile, is alleged to have engaged in

activity that would constitute a criminal act if committed by an

adult, his or her admission to mental health court is subject to

all of the following conditions:

(a) The individual, if an adult, pleads guilty, no contest, or

be convicted of any criminal charge on the record. The individual,

if a juvenile, admits responsibility for the violation or

violations that he or she is accused of having committed.

(b) The individual waives, in writing, the right to a speedy

trial and, with the agreement of the prosecutor, the right to a

preliminary examination.

the mental health court. If the individual is a juvenile or an

individual who has been assigned a guardian, the parent or legal

guardian is required to sign all documents for the individual's

admission in the mental health court.

(2) Nothing in this chapter shall be construed to preclude a

court from providing mental health services to an individual before

he or she enters a plea and is accepted into the mental health

court.

(3) An individual who has waived his or her right to a

preliminary examination, who has pled guilty or no contest or, in

the case of a juvenile, has admitted responsibility, as part of his

or her referral process to a mental health court, and who is

subsequently not admitted to a mental health court may withdraw his

or her plea and is entitled to a preliminary examination or, in the

case of a juvenile, may withdraw his or her admission of

responsibility.

(4) In addition to rights accorded a victim under the William

Van Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.751

to 780.834, the mental health court shall permit any victim of the

offense or offenses of which the individual is charged or, in the

case of a juvenile, any victim of the activity that the individual

is alleged to have committed and that would constitute a criminal

act if committed by an adult, as well as any victim of a prior

offense of which that individual was convicted or, in the case of a

juvenile, a prior offense for which the individual has been found

responsible, to submit a written statement to the court regarding

the advisability of admitting the individual into the mental health

court.

Sec. 1095. (1) Upon admitting an individual into a mental

health court, all of the following apply:

(a) For an individual who is admitted to a mental health court

based upon having criminal charges currently filed against him or

her and who has not already pled guilty or no contest or, in the

case of a juvenile, has not admitted responsibility, the court

shall accept the plea of guilty or no contest or, in the case of a

juvenile, the admission of responsibility.

(b) For an individual who pled guilty or no contest to, or

admitted responsibility for, criminal charges for which he or she

was admitted into the mental health court, the court shall do

either of the following:

(i) In the case of an individual who pled guilty or no contest

to criminal offenses that are not traffic offenses and who may be

eligible for discharge and dismissal under the agreement for which

he or she was admitted into mental health court upon successful

completion of the mental health court program, the court shall not

enter a judgment of guilt or, in the case of a juvenile, shall not

enter an adjudication of responsibility.

(ii) In the case of an individual who pled guilty to a traffic

offense or who pled guilty to an offense but may not be eligible

for discharge and dismissal pursuant to the agreement with the

court and prosecutor upon successful completion of the mental

health court program, the court shall enter a judgment of guilt or,

in the case of a juvenile, shall enter an adjudication of

responsibility.

(iii) Pursuant to the agreement with the individual and the

prosecutor, the court may either delay further proceedings as

provided in section 1 of chapter XI of the code of criminal

procedure, 1927 PA 175, MCL 771.1, or proceed to sentencing, as

applicable, and place the individual on probation or other court

supervision in the mental health court program with terms and

conditions according to the agreement and as considered necessary

by the court.

(2) The court shall maintain jurisdiction over the mental

health court participant as provided in this chapter until final

disposition of the case, but not longer than the probation period

fixed under section 2 of chapter XI of the code of criminal

procedure, 1927 PA 175, MCL 771.2. In the case of a juvenile

participant, the court may obtain jurisdiction over the juvenile's

parents or guardians in order to assist in ensuring the juvenile's

continued participation and successful completion of the mental

health court and may issue and enforce any appropriate and

necessary order regarding the parent or guardian.

(3) The mental health court may require an individual admitted

into the court to pay a reasonable mental health court fee that is

reasonably related to the cost to the court for administering the

mental health court program as provided in the memorandum of

understanding. The clerk of the mental health court shall transmit

the fees collected to the treasurer of the local funding unit at

the end of each month.

Sec. 1096. (1) A mental health court shall provide a mental

health court participant with all of the following:

(a) Consistent and close monitoring of the participant and

interaction among the court, treatment providers, probation, and

the participant.

(b) If determined by the mental health court to be necessary

or appropriate, periodic and random testing for the presence of any

nonprescribed controlled substance or alcohol in a participant's

blood, urine, or breath, using to the extent practicable the best

available, accepted, and scientifically valid methods.

circumstances and progress in the program.

(d) A regimen or strategy of appropriate and graduated but

immediate rewards for compliance and sanctions for noncompliance,

including, but not limited to, the possibility of incarceration or

confinement.

(e) Mental health services, substance use disorder services,

education, and vocational opportunities as appropriate and

practicable.

(2) Upon an individual's completion of the required mental

health court program participation, an exit evaluation should be

conducted in order to assess the individual's continuing need for

mental health, developmental disability, or substance abuse

services.

(3) Any statement or other information obtained as a result of

participating in assessment, treatment, or testing while in a

mental health court is confidential and is exempt from disclosure

under the freedom of information act, 1976 PA 442, MCL 15.231 to

15.246, and shall not be used in a criminal prosecution, unless it

reveals criminal acts other than, or inconsistent with, personal

controlled substance use.

Enacting section 1. This amendatory act does not take effect

unless all of the following bills of the 97th Legislature are

enacted into law:

(a) House Bill No. 4694.

(b) House Bill No. 4695.