| 1 | | - | Substitute For SENATE BILL NO. 916 A bill to amend 1974 PA 258, entitled "Mental health code," (MCL 330.1001 to 330.2106) by adding section 1021 and chapter 10A. the people of the state of michigan enact: Sec. 1021. Sections 1022 to 1044 do not apply to an individual charged with a misdemeanor offense who has been diverted to assisted outpatient treatment under chapter 10A. CHAPTER 10A Sec. 1075. (1) At the time a misdemeanor offense is charged, or at any later time before trial, the prosecuting attorney, the defendant, or defense counsel may bring a motion seeking an assessment by a physician, psychologist, or qualified health professional to determine if the defendant meets the criteria for diversion to assisted outpatient treatment under this chapter. Except for a physician who is a psychiatrist, the physician, psychologist, or qualified health professional must discuss the findings and plan for care with a psychiatrist during or immediately after the examination. (2) The defendant or defense counsel may oppose a motion made by the prosecuting attorney under subsection (1). The prosecuting attorney may oppose a motion made by the defendant or defense counsel under subsection (1). (3) If a motion under subsection (1) is opposed by the prosecuting attorney, defendant, or defense counsel, the defendant must not be diverted into assisted outpatient treatment and the competency provisions of chapter 10 must be followed, as applicable. (4) If, upon assessment under subsection (1), it is determined that the defendant meets the criteria for assisted outpatient treatment, the prosecuting attorney shall file a petition as provided for a person requiring treatment under section 434(7). (5) If a petition is filed under subsection (4), the judge of the district court may request assignment from the state court administrative office as a probate judge to hear and determine the petition or direct the prosecuting attorney to file the petition in the probate court in the defendant's county of residence. If the petition is filed in the probate court as provided under this subsection, the probate court shall hear and determine the petition. (6) If, at the hearing on the petition for assisted outpatient treatment, the prosecuting attorney or the defendant objects to entry of the order for assisted outpatient treatment, the petition must be dismissed and the procedures under sections 1022 to 1044 apply to the case. (7) If, at the hearing on the petition for assisted outpatient treatment, there is no objection to entry of the order for assisted outpatient treatment, the court shall enter the order. (8) As used in this section: (a) "Person requiring treatment" means that term as defined in section 401. (b) "Qualified health professional" means that term as defined in section 461. Sec. 1076. (1) If diversion from criminal prosecution and into assisted outpatient treatment is ordered after a hearing on a petition under section 1075, the court that heard the petition shall enter an order providing for assisted outpatient treatment for not more than 180 days. (2) If a defendant fails to comply with the terms of the assisted outpatient treatment order, the provisions under section 475 apply to the case. If a criminal prosecution continues during the 180-day period provided for in this section, there may be no bond conditions other than that the defendant will not violate any no contact order, will appear as required, will not leave the state without permission of the court, and will not commit any crime while released. Any bond or bond conditions are separate from and not to be included in the determination of whether the defendant has complied with the assisted outpatient treatment order. (3) The community treatment program has the sole discretion to make decisions related to the assessment of, treatment planning for, type, scope, frequency, intensity, and duration of treatment for, and discharge from treatment of a defendant under an assisted outpatient treatment order. If the designated community treatment program does not communicate with the court as to the treatment of the defendant under the assisted outpatient treatment order, the court may conduct a hearing relative to the treatment being provided by the community treatment program. Sec. 1077. (1) The misdemeanor charges against a defendant receiving assisted outpatient treatment must remain pending until dismissed by the district court for purposes of enforcing conditions of release. The conditions of release for a defendant receiving assisted outpatient treatment must be separate from compliance with the treatment plan. Compliance with the assisted outpatient treatment must not be a condition of release. (2) All matters that concern noncompliance with the assisted outpatient treatment plan must be addressed in a civil proceeding under section 475. (3) Except as otherwise provided in this subsection, a pending misdemeanor charge must be dismissed by the district court 90 days after the entry of the assisted outpatient treatment order. If the defendant was charged with a serious misdemeanor, the misdemeanor charge must be dismissed 180 days after the entry of the assisted outpatient treatment order. (4) As used in this section, "serious misdemeanor" means that term as defined in section 61 of the William Van Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.811. Sec. 1078. Upon the termination of the assisted outpatient treatment, the provider of the assisted outpatient treatment shall notify the prosecutor, district court, and probate court, as applicable, that the assisted outpatient treatment has been terminated. Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 915 of the 102nd Legislature is enacted into law. |
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| 1 | + | SENATE BILL NO. 916 A bill to amend 1974 PA 258, entitled "Mental health code," by amending section 461 (MCL 330.1461), as amended by 2018 PA 593, and by adding section 1021 and chapter 10A. the people of the state of michigan enact: Sec. 461. (1) An For a petition filed under section 434(1) to (6), an individual may not be found to require treatment unless at least 1 physician or licensed psychologist who has personally examined that individual testifies in person or by written deposition at the hearing. (2) For a petition filed under section 434(7), that does not seek hospitalization before the hearing, an individual may not be found to require treatment unless a psychiatrist who has personally examined that individual testifies. A psychiatrist's testimony is not necessary if a psychiatrist signs the petition. If a psychiatrist signs the petition, at least 1 physician or licensed psychologist who has personally examined that individual must testify. if a physician, psychologist, or a psychiatric nurse practitioner or physician assistant working under the supervision of a psychiatrist has personally examined the individual and testifies that the individual requires treatment. The requirement for testimony may be waived by the subject of the petition. If the testimony given in person is waived, a clinical certificate completed by a physician, licensed psychologist, or psychiatrist must be presented to the court before or at the initial hearing. (3) The examinations required under this section for a petition filed under section 434(7) shall must be arranged by the court and the local community mental health services program or other entity as designated by the department. (4) A written deposition may be introduced as evidence at the hearing only if the attorney for the subject of the petition was given the opportunity to be present during the taking of the deposition and to cross-examine the deponent. This testimony or deposition may be waived by the subject of a petition. An individual may be found to require treatment even if the petitioner does not testify, as long as there is competent evidence from which the relevant criteria in section 401 can be established. Sec. 1021. Sections 1022 to 1044 do not apply to an individual charged with a misdemeanor offense who has been diverted to assisted outpatient treatment under chapter 10A. CHAPTER 10A Sec. 1075. (1) At the time a misdemeanor offense is charged, or at any later time before trial, the prosecuting attorney, the defendant, or defense counsel may bring a motion seeking an assessment by a physician, psychologist, or, if working under the supervision of a psychiatrist, a psychiatric nurse practitioner or physician assistant to determine if the defendant meets the criteria for diversion to assisted outpatient treatment under this chapter. (2) The defendant or defense counsel may oppose a motion made by the prosecuting attorney under subsection (1). The prosecuting attorney may oppose a motion made by the defendant or defense counsel under subsection (1). (3) If a motion under subsection (1) is opposed by the prosecuting attorney, defendant, or defense counsel, the defendant must not be diverted into assisted outpatient treatment and the competency provisions of chapter 10 must be followed, as applicable. (4) If, upon assessment under subsection (1), it is determined that the defendant meets the criteria for assisted outpatient treatment, the prosecuting attorney shall file a petition as provided for a person requiring treatment under section 434(7). (5) If a petition is filed under subsection (4), the judge of the district court may request assignment from the state court administrative office as a probate judge to hear and determine the petition or direct the prosecuting attorney to file the petition in the probate court in the defendant's county of residence. If the petition is filed in the probate court as provided under this subsection, the probate court shall hear and determine the petition. (6) If, at the hearing on the petition for assisted outpatient treatment, the prosecuting attorney or the defendant objects to entry of the order for assisted outpatient treatment, the petition must be dismissed and the procedures under sections 1022 to 1044 apply to the case. (7) If, at the hearing on the petition for assisted outpatient treatment, there is no objection to entry of the order for assisted outpatient treatment, the court shall enter the order. (8) As used in this section, "person requiring treatment" means that term as defined in section 401. Sec. 1076. (1) If diversion from criminal prosecution and into assisted outpatient treatment is ordered after a hearing on a petition under section 1075, the court that heard the petition shall enter an order providing for assisted outpatient treatment for not more than 180 days. (2) If a defendant fails to comply with the terms of the assisted outpatient treatment order, the provisions under section 475 apply to the case. Any bond or bond conditions are separate from and not to be included in the determination of whether the defendant has complied with the assisted outpatient treatment order. (3) If a designated community treatment program is not in compliance with delivery of services required by the assisted outpatient treatment order, the court shall conduct a hearing and determine whether to order the program to deliver services. Sec. 1077. (1) The misdemeanor charges against a defendant receiving assisted outpatient treatment must remain pending until dismissed by the district court for purposes of enforcing conditions of release. The conditions of release for a defendant receiving assisted outpatient treatment must be separate from compliance with the treatment plan. Compliance with the assisted outpatient treatment must not be a condition of release. (2) All matters that concern noncompliance with the assisted outpatient treatment plan must be addressed in a civil proceeding under section 475. (3) Except as otherwise provided in this subsection, a pending misdemeanor charge must be dismissed by the district court 90 days after the entry of the assisted outpatient treatment order. If the defendant was charged with a serious misdemeanor, the misdemeanor charge must be dismissed 180 days after the entry of the assisted outpatient treatment order. (4) As used in this section, "serious misdemeanor" means that term as defined in section 61 of the William Van Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.811. Sec. 1078. Upon the termination of the assisted outpatient treatment, the provider of the assisted outpatient treatment shall notify the prosecutor, district court, and probate court, as applicable, that the assisted outpatient treatment has been terminated. |
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