Michigan 2023-2024 Regular Session

Michigan House Bill HB4749

Introduced

6/14/23

Refer

6/14/23

Caption

Criminal procedure: mental capacity; community mental health oversight of competency exams for defendants charged with misdemeanors; provide for. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding sec. 20b to ch. VIII.

Impact

The implementation of HB 4749 has the potential to significantly impact how misdemeanor cases involving individuals with mental health issues are handled in Michigan. By requiring courts to refer defendants to community mental health services, the bill acknowledges the role of mental health in legal competency. If a defendant is determined to be incompetent to stand trial, the bill mandates their referral to a local community mental health services program, which may lead to the dismissal of the charges. This could reduce the number of legal cases processed through the courts, particularly for those who require mental health support rather than traditional punitive measures.

Summary

House Bill 4749 seeks to amend Michigan's criminal procedure laws by adding a new section dedicated to addressing the mental health needs of defendants charged with misdemeanors. At any time before trial, either the prosecuting attorney or defense counsel may motion for the defendant to be referred to community mental health services, ensuring that individuals facing legal proceedings receive appropriate mental health evaluations and treatment. The bill emphasizes the need for defendants to access mental health programs that cater to their specific needs, thereby promoting rehabilitation over punishment in the criminal justice system.

Contention

Discussions surrounding HB 4749 are likely to center on the balance between public safety and the rights of individuals with mental health issues. Proponents argue that the bill represents a progressive approach to criminal justice that prioritizes mental health treatment and can prevent individuals from cycling through the judicial system without receiving the necessary care. Critics, however, may voice concerns regarding the implications for victims of misdemeanors and whether such measures might inadvertently diminish accountability for offenders. The discussions also highlight the importance of adequately resourced community mental health programs to ensure that the provisions of the bill can be effectively implemented.

Companion Bills

No companion bills found.

Previously Filed As

MI HB4414

Criminal procedure: mental capacity; outpatient treatment for misdemeanor offenders with mental health issues; provide for. Amends 1974 PA 258 (MCL 330.1001 - 330.2106) by adding sec. 1021 & ch. 10A.

MI HB4746

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.

MI SB0221

Criminal procedure: mental capacity; outpatient treatment for misdemeanor offenders with mental health issues; provide for. Amends 1974 PA 258 (MCL 330.1001 - 330.2106) by adding sec. 1021 & ch. 10A. TIE BAR WITH: SB 0219'25

MI SB0916

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. TIE BAR WITH: SB 0915'24

MI SB0723

Criminal procedure: mental capacity; evaluation of competency to waive Miranda rights; require. Amends 1974 PA 258 (MCL 330.1001 - 330.2106) by adding secs. 1080, 1081, 1082 & 1083.

MI HB4534

Criminal procedure: mental capacity; assisted outpatient treatment diversion program for certain patients with mental illness; provide for. Amends sec. 461 of 1974 PA 258 (MCL 330.1461) & adds sec. 1021 & ch. 10A. TIE BAR WITH: HB 4532'25, HB 4533'25, HB 4535'25

MI AB1822

Criminal defendant: mental competency to stand trial.

MI SB449

Provides for procedures after a determination of mental capacity or incapacity. (8/15/10) (EG SEE FISC NOTE GF EX)

MI HB3001

Relating to procedures regarding criminal defendants who are or may be persons with a mental illness or an intellectual disability.

MI SB1223

Criminal procedure: mental health diversion.

Similar Bills

CA SB1282

Crimes: diversion.

KS SB442

Prohibiting assignment of persons found not guilty by reason of mental disease or defect to supervision by court services officers.

KS HB2010

Senate Substitute for HB 2010 by Committee on Judiciary - Updating a statutory cross reference to provide proper jury instruction in cases when a defendant lacks the required mental state to commit a crime; increasing the penalty for certain violations of criminal discharge of a firearm when a person was present in the dwelling, building, structure or motor vehicle at which the offender discharged a firearm; enacting the reduce armed violence act to increase the criminal penalties for certain violations of criminal possession of a weapon by a convicted felon that involve firearms; providing that the service of postrelease supervision period shall not toll except as otherwise provided by law; and allowing certain nondrug offenders to participate in a certified drug abuse treatment program.