May 7, 2013, Introduced by Reps. Cotter, Graves, Johnson, McCready, Heise, Haines, MacMaster, Walsh, Howrylak, O'Brien, Hovey-Wright and Leonard and referred to the Committee on Judiciary.
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) "Mental health court" means any of the following:
(i) A court-supervised treatment program for individuals who
are diagnosed by a licensed clinician with having a mental
disorder, a co-occurring disorder, or a developmental disability as
defined in section 1100a of the mental health code, 1974 PA 258,
MCL 330.1100a.
(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, mental health, substance abuse treatment, and
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.
(C) Participants are identified, referred, and accepted into
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) Provide legal counsel to 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.
(b) "Participant" means an individual who is admitted into a
mental health court.
(c) "Violent offender" means an individual who 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.
Sec. 1091. (1) A circuit 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. The
creation or existence of a mental health court does not change
statutes or court rules concerning discharge and dismissal of an
offense, delayed sentence or deferred entry of judgment, or
deviation from the sentencing guidelines. A circuit or district
court adopting or instituting the 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
department, a representative of the criminal defense bar, and a
representative or representatives of community treatment providers
that describes the roles and responsibilities of each party. The
memorandum of understanding also may include other parties
considered necessary.
(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
department, 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. The memorandum of
understanding also may include other parties considered necessary.
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.
(c) A mental health assessment, clinical in nature, meeting
diagnostic criteria for a mental disorder, or a co-occurring
disorder, or a developmental disorder as that term is defined in
section 1100a of the mental health code, 1974 PA 258, MCL
330.1100a.
(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) Senate Bill No.____ or House Bill No. 4696(request no.
02579'13).
(b) Senate Bill No.____ or House Bill No. 4695(request no.
02580'13).
(c) Senate Bill No.____ or House Bill No. 4697(request no.
02581'13).