May 7, 2013, Introduced by Reps. Walsh, Cotter, Graves, Johnson, McCready, Heise, Haines, MacMaster, 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 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, must plead 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) At the plea, the individual waives, in writing, the right
to a speedy trial and, with the agreement of the prosecutor, the
right to a preliminary examination.
(c) The individual signs a written agreement to participate in
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) 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.
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 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) 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 deemed 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.
(c) Periodic evaluation assessments of the participant's
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) 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
drug 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) Senate Bill No.____ or House Bill No. 4694(request no.
01934'13).
(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).