Michigan House Bill HB4690

Michigan 2023-2024 Regular Session

• Introduced: 5/30/23
• Refer: 5/30/23

Caption

Crimes: intoxication or impairment; notice of a defendant's right to secular substance abuse disorder treatment; modify. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding sec. 3a to ch. IX.

Impact

The enactment of HB 4690 is significant as it aims to ensure equitable access to treatment programs for defendants, regardless of their religious beliefs. By accommodating individuals who object to religious elements, the bill promotes inclusivity within the justice system, potentially leading to higher compliance rates among participants. Its implementation could also help reduce recidivism by ensuring that defendants receive treatment that they are more likely to engage with earnestly.

Summary

House Bill 4690 seeks to amend the Michigan code of criminal procedure, specifically targeting court-ordered substance use disorder recovery programs. The bill introduces Section 3a to Chapter IX, which mandates that if a court sentences a defendant to attend a treatment program, it must first inquire if the defendant objects to any religious elements of that program. If such an objection exists, the court is responsible for identifying a secular treatment alternative that does not involve religious practices. Should a local secular treatment program be unavailable, the court is obligated to allow the defendant to engage in an online secular program.

Contention

While the bill has gained support for promoting the rights of defendants regarding their religious beliefs, it may raise concerns among supporters of religious treatment programs. Critics might argue that removing religious elements could undermine the effectiveness of some treatment modalities that integrate faith into recovery. The balance between respecting individual beliefs and establishing effective treatment frameworks will likely be a point of contention as the bill progresses through the legislative process.