Michigan Senate Bill SB0940

Michigan 2023-2024 Regular Session

• Introduced: 6/25/24
• Refer: 6/25/24

Caption

Criminal procedure: sentencing guidelines; sentencing guideline for facility that receives or maintains an adult who requires residential psychiatric care when the facility's license has been revoked or suspended or it has refused to renew its license; enact. Amends sec. 13j of 1927 PA 175 (MCL 777.13j). TIE BAR WITH: SB 0939'24

Impact

By amending Section 13j of the criminal procedure code, SB 940 is expected to create a stricter framework for the oversight of psychiatric care facilities. The proposed changes will provide clearer consequences for facilities that fail to comply with licensing requirements, which could lead to a decrease in the number of unlicensed operations and improve overall safety for the vulnerable populations served. The bill is tied to SB 939, highlighting a coordinated legislative effort to address these issues comprehensively.

Summary

Senate Bill 940 aims to amend the 1927 PA 175, known as the code of criminal procedure, specifically focusing on the sentencing guidelines for facilities that provide residential psychiatric care. The bill intends to strengthen regulations surrounding these facilities, particularly in instances where a facility's license has been revoked, suspended, or denied renewal. This amendment is significant as it seeks to ensure that individuals requiring psychiatric care are housed in licensed and properly operated facilities, thereby enhancing public safety. The bill serves to clarify the accountability of facilities within the state of Michigan regarding their operational licenses and the implications of operating without one.

Contention

Notable points of contention around SB 940 may arise regarding the potential impact on existing facilities and the challenges related to compliance with stricter guidelines. Concerns may also be raised about the balance between regulatory enforcement and the resources available to facilities offering mental health services, particularly in light of budget constraints or the availability of state funding. Stakeholders may argue both for the need for stringent regulations to protect public safety and against overregulation that could limit access to necessary care.