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.