HB-4694, As Passed House, September 19, 2013

SUBSTITUTE FOR

HOUSE BILL NO. 4694

A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

(MCL 600.101 to 600.9947) by adding a chapter heading and sections

1090, 1091, 1092, and 1093.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

CHAPTER 10B.

MENTAL HEALTH COURT

Sec. 1090. As used in this chapter:

(a) "Co-occurring disorder" means having 1 or more disorders

relating to the use of alcohol or other controlled substances of

abuse as well as any serious mental illness, serious emotional

disturbance, or developmental disability. A diagnosis of co-

occurring disorders occurs when at least 1 disorder of each type

can be established independent of the other and is not simply a

cluster of symptoms resulting from 1 disorder.

(b) "Court funding unit" means that term as defined in section

151e of the revised judicature act of 1961, 1961 PA 236, MCL

600.151e.

section 100a of the mental health code, 1974 PA 258, MCL 330.1100a.

(d) "Mental health court" means any of the following:

(i) A court-supervised treatment program for individuals who

are diagnosed by a mental health professional with having a serious

mental illness, serious emotional disturbance, co-occurring

disorder, or developmental disability.

(ii) Programs designed to adhere to the 10 essential elements

of a mental health court promulgated by the bureau of justice

assistance that include all of the following characteristics:

(A) A broad-based group of stakeholders representing the

criminal justice system, mental health system, substance abuse

treatment system, any related systems, and the community guide the

planning and administration of the court.

(B) Eligibility criteria that address public safety and a

community's treatment capacity, in addition to the availability of

alternatives to pretrial detention for defendants with mental

illnesses, and that take into account the relationship between

mental illness and a defendant's offenses, while allowing the

individual circumstances of each case to be considered.

mental health courts, and then linked to community-based service

providers as quickly as possible.

(D) Terms of participation are clear, promote public safety,

facilitate the defendant's engagement in treatment, are

individualized to correspond to the level of risk that each

defendant presents to the community, and provide for positive legal

outcomes for those individuals who successfully complete the

program.

(E) In accordance with the Michigan indigent defense

commission act, 2013 PA 93, MCL 780.981 to 780.1003, provide legal

counsel to indigent defendants to explain program requirements,

including voluntary participation, and guides defendants in

decisions about program involvement. Procedures exist in the mental

health court to address, in a timely fashion, concerns about a

defendant's competency whenever they arise.

(F) Connect participants to comprehensive and individualized

treatment supports and services in the community and strive to use,

and increase the availability of, treatment and services that are

evidence based.

(G) Health and legal information are shared in a manner that

protects potential participants' confidentiality rights as mental

health consumers and their constitutional rights as defendants.

Information gathered as part of the participants' court-ordered

treatment program or services are safeguarded from public

disclosure in the event that participants are returned to

traditional court processing.

(H) A team of criminal justice and mental health staff and

treatment providers receives special, ongoing training and assists

mental health court participants achieve treatment and criminal

justice goals by regularly reviewing and revising the court

process.

(I) Criminal justice and mental health staff collaboratively

monitor participants' adherence to court conditions, offer

individualized graduated incentives and sanctions, and modify

treatment as necessary to promote public safety and participants'

recovery.

(J) Data are collected and analyzed to demonstrate the impact

of the mental health court, its performance is assessed

periodically, and procedures are modified accordingly, court

processes are institutionalized, and support for the court in the

community is cultivated and expanded.

(e) "Participant" means an individual who is admitted into a

mental health court.

(f) "Serious emotional disturbance" means that term as defined

in section 100d of the mental health code, 1974 PA 258, MCL

330.1100d.

(g) "Serious mental illness" means that term as defined in

section 100d of the mental health code, 1974 PA 258, MCL 330.1100d.

(h) "Violent offender" means an individual who is currently

charged with, or has been convicted of, an offense involving the

death of, or a serious bodily injury to, any individual, whether or

not any of these circumstances are an element of the offense, or

with criminal sexual conduct in any degree.

Sec. 1091. (1) The circuit court or the district court in any

judicial circuit or a district court in any judicial district may

adopt or institute a mental health court pursuant to statute or

court rules. However, if the mental health court will include in

its program individuals who may be eligible for discharge and

dismissal of an offense, delayed sentence, or deviation from the

sentencing guidelines, the circuit or district court shall not

adopt or institute the mental health court unless the circuit or

district court enters into a memorandum of understanding with each

participating prosecuting attorney in the circuit or district court

district, a representative or representatives of the community

mental health services programs, a representative of the criminal

defense bar, and a representative or representatives of community

treatment providers. The memorandum of understanding also may

include other parties considered necessary, including, but not

limited to, a representative or representatives of the local court

funding unit. The memorandum of understanding shall describe the

role of each party.

(2) A family division of circuit court in any judicial circuit

may adopt or institute a juvenile mental health court pursuant to

statute or court rules. The creation or existence of a mental

health court does not change the statutes or court rules concerning

discharge or dismissal of an offense, or a delayed sentence or

deferred entry of judgment. A family division of circuit court

adopting or instituting a juvenile mental health court shall enter

into a memorandum of understanding with all participating

prosecuting authorities in the circuit or district court, a

representative or representatives of the community mental health

services program, a representative of the criminal defense bar

specializing in juvenile law, and a representative or

representatives of community treatment providers that describes the

roles and responsibilities of each party to the memorandum of

understanding. The memorandum of understanding also may include

other parties considered necessary, including, but not limited to,

a representative or representatives of the local court funding

unit. The memorandum of understanding shall describe the role of

each party. A juvenile mental health court is subject to the same

procedures and requirements provided in this chapter for a mental

health court created under subsection (1), except as specifically

provided otherwise in this chapter.

(3) A court that has adopted a mental health court under this

section may accept participants from any other jurisdiction in this

state based upon the residence of the participant in the receiving

jurisdiction, the nonavailability of a mental health court in the

jurisdiction where the participant is charged, and the availability

of financial resources for both operations of the mental health

court program and treatment services. A mental health court may

refuse to accept participants from other jurisdictions.

Sec. 1092. A mental health court may hire or contract with

licensed or accredited treatment providers, in consultation with

the local community mental health service provider, and other such

appropriate persons to assist the mental health court in fulfilling

its requirements under this chapter.

Sec. 1093. (1) Each mental health court shall determine

whether an individual may be admitted to the mental health court.

No individual has a right to be admitted into a mental health

court. Admission into a mental health court program is at the

discretion of the court based on the individual's legal or clinical

eligibility. An individual may be admitted to mental health court

regardless of prior participation or prior completion status.

However, in no case shall a violent offender be admitted into

mental health court.

(2) In addition to admission to a mental health court under

this chapter, an individual who is eligible for admission under

this chapter may also be admitted to a mental health court under

any of the following circumstances:

(a) The individual has been assigned the status of youthful

trainee under section 11 of chapter II of the code of criminal

procedure, 1927 PA 175, MCL 762.11.

(b) The individual has had criminal proceedings against him or

her deferred and has been placed on probation under any of the

following:

(i) Section 7411 of the public health code, 1978 PA 368, MCL

333.7411.

(ii) Section 4a of chapter IX of the code of criminal

procedure, 1927 PA 175, MCL 769.4a.

(iii) Section 350a or 430 of the Michigan penal code, 1931 PA

328, MCL 750.350a and 750.430.

(3) To be admitted to a mental health court, an individual

shall cooperate with and complete a preadmission screening and

evaluation assessment and shall submit to any future evaluation

assessment as directed by the mental health court. A preadmission

screening and evaluation assessment shall include all of the

following:

(a) A review of the individual's criminal history. A review of

the law enforcement information network may be considered

sufficient for purposes of this subdivision unless a further review

is warranted. The court may accept other verifiable and reliable

information from the prosecution or defense to complete its review

and may require the individual to submit a statement as to whether

or not he or she has previously been admitted to a mental health

court and the results of his or her participation in the prior

program or programs.

(b) An assessment of the risk of danger or harm to the

individual, others, or the community.

standardized instruments that have acceptable reliability and

validity, meeting diagnostic criteria for a serious mental illness,

serious emotional disturbance, co-occurring disorder, or

developmental disability.

(d) A review of any special needs or circumstances of the

individual that may potentially affect the individual's ability to

receive mental health or substance abuse treatment and follow the

court's orders.

(e) For a juvenile, an assessment of the juvenile's family

situation, including, to the extent practicable, a comparable

review of any guardians or parents.

(4) Except as otherwise permitted in this chapter, any

statement or other information obtained as a result of

participating in a preadmission screening and evaluation assessment

under subsection (3) 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

drug use.

(5) The court may request that the department of state police

provide to the court information contained in the law enforcement

information network pertaining to an individual applicant's

criminal history for the purposes of determining an individual's

eligibility for admission into the mental health court and general

criminal history review.

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. 4695.

(b) House Bill No. 4696.