SB-0558, As Passed Senate, February 20, 2014
HOUSE SUBSTITUTE FOR
SENATE BILL NO. 558
A bill to amend 1974 PA 258, entitled
"Mental health code,"
(MCL 330.1001 to 330.2106) by adding section 207a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 207a. (1) Not later than October 1, 2014, each county
shall have a written interagency agreement in place for a
collaborative program to provide mental health treatment and
assistance, if permitted by law and considered appropriate, to
persons with serious mental illness who are considered at risk for
1 or more of the following:
(a) Entering the criminal justice system.
(b) Not receiving needed mental health treatment services
during a period of incarceration in a county jail.
(c) Not receiving needed mental health treatment services upon
release or discharge from incarceration in a county jail.
(d) Being committed to the jurisdiction of the department of
corrections.
(2) Parties to the interagency agreement referenced in
subsection (1) shall include, at a minimum, all of the following:
(a) The county sheriff's department.
(b) The county prosecutor's office.
(c) The community mental health services program that provides
services in that county.
(d) The county board of commissioners.
(e) A district court judge who serves in that county or, if
there is more than 1 district in the county, a district court judge
who serves in the county who is designated either by the chief
judge of a district court within that county or a chief judge with
authority over a district court in that county.
(f) A circuit court judge who serves in that county who is
designated either by the chief judge of the circuit court or by a
chief judge with authority over the circuit court in that county.
(3) The interagency agreement referenced in subsection (1)
shall, at a minimum, cover all of the following areas:
(a) Guidelines for program eligibility.
(b) Interparty communication and coordination.
(c) Day-to-day program administration.
(d) Involvement of service consumers, family members, and
other stakeholders.
(e) How the program shall work with local courts.
(f) How the program shall address potential participants
before and after criminal charges have been filed.
(g) Resource sharing between the parties to the interagency
agreement.
(h) Screening and assessment procedures.
(i) Guidelines for case management.
(j) How the program described in subsection (1) will work with
county jails.
(k) Criteria for completing the program described in
subsection (1).
(l) Mental health treatment services that are available through
the program described in subsection (1).
(m) Procedures for first response to potential cases,
including response to crises.
(n) How the administrators of the program described in
subsection (1) will report the program's actions and outcomes to
the public.
(4) A county that has a written interagency agreement
referenced in subsection (1) in place on the effective date of the
amendatory act that added this section may maintain that
interagency agreement, but must ensure that its interagency
agreement contains all of the provisions described in subsection
(3).
(5) The department, the state court administrative office, and
parties to the interagency agreement may establish additional
policies and procedures to be included in the county interagency
agreement required under this section.
(6) The department may promulgate rules to implement this
section according to the administrative procedures act of 1969,
1969 PA 306, MCL 24.201 to 24.328.
(7) A county is not required to provide funds for the program
described in subsection (1). In implementing the provisions of this
section, a county is required to expend funds for the program
described in subsection (1) only to the extent appropriated
annually by the legislature for the program.