Michigan House Bill HB4848

Michigan 2023-2024 Regular Session

• Introduced: 6/27/23
• Refer: 6/27/23

Caption

Criminal procedure: arrests; psychological screening; require when arrested while in possession of a firearm. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding sec. 6f to ch. V.

Impact

The bill establishes clear procedures for mental health assessments to be conducted promptly after an arrest. If a defendant fails to complete the assessment within the designated timeframe, the court has the discretion to demand the defendant's appearance to explain the failure and can modify or revoke their bond accordingly. This adds a layer of accountability to the bond process and seeks to prevent potentially dangerous individuals from being released without adequate scrutiny.

Summary

House Bill 4848 proposes to amend the Michigan Code of Criminal Procedure to include provisions requiring mental health screening assessments for defendants arrested for felony offenses while in possession of a firearm. The legislation aims to ensure that individuals who may pose a danger to themselves or others are evaluated by mental health professionals as a condition of their release. This assessment would be a crucial step in making informed decisions about the defendants’ conditions of release and public safety.

Contention

The introduction of mental health assessments in the context of felony arrests raises several points of contention. Supporters argue that the bill proactively addresses issues of public safety and mental health, ensuring that the court can make better-informed decisions regarding a defendant’s release. However, opponents may raise concerns about the potential delays in the judicial process and whether this might disproportionately affect individuals with mental illness. Additionally, there are questions about the availability of mental health professionals and resources to conduct these assessments swiftly and effectively.