Michigan House Bill HB4746

Michigan 2023-2024 Regular Session

• Introduced: 6/14/23
• Refer: 6/14/23

Caption

Criminal procedure: mental capacity; outpatient treatment for misdemeanor offenders with mental health issues; provide for. Amends sec. 461 of 1974 PA 258 (MCL 330.1461) & adds sec. 1021 & ch. 10A.

Impact

This legislative change aims to provide a systematic approach to handling misdemeanor offenses involving individuals with mental health conditions, advocating for their treatment instead of incarceration. It enables the court to divert eligible individuals into outpatient treatment, thus addressing their mental health needs and potentially reducing recidivism. The provisions also lay out specific conditions under which charges can be dismissed after an order for treatment is established, promoting recovery while ensuring compliance with treatment standards.

Summary

House Bill 4746 amends the Michigan Mental Health Code to establish a framework for the diversion of misdemeanor offenders with mental health issues into assisted outpatient treatment. The bill mandates that individuals may only be found to require treatment if a qualified professional, either a physician or a licensed psychologist, testifies to the necessity for treatment during court hearings. Additionally, for certain types of petitions, a psychiatrist’s direct testimony is not necessary if they have signed the petition, provided that a competent medical examination supports the findings.

Contention

Notable points of contention include debates regarding the adequacy and accessibility of mental health treatment programs necessary for supporting this framework. Concerns may arise about the ability of community mental health services to effectively manage the influx of offenders requiring assistance, as well as questions about the rights of individuals subjected to evaluations and treatment orders. The legislation modifies existing law regarding how treatment needs are assessed and places significant reliance on the testimony of mental health professionals, which may lead to discussions surrounding procedural fairness for defendants.