<CENTER><B>MENTAL HEALTH CODE (EXCERPT)</B><BR><B>Act 258 of 1974</B></CENTER>
<Center>DISCHARGE AND LEAVES <BR> </Center><BR><BR><B>330.1476 Discretionary discharge; mandatory discharge; notice; statements.</B><P>
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<P>Sec. 476.</P>
<DIV>&nbsp;&nbsp;&nbsp;&nbsp;(1)   The hospital director may at any time discharge a voluntarily or judicially hospitalized patient whom the hospital director considers clinically suitable for discharge. </DIV>
<DIV>&nbsp;&nbsp;&nbsp;&nbsp;(2)   The hospital director shall discharge a patient hospitalized by court order when the patient's mental condition is such that he or she no longer meets the criteria of a person requiring treatment.</DIV>
<DIV>&nbsp;&nbsp;&nbsp;&nbsp;(3)   If a patient discharged under subsection (1) or (2) has been hospitalized by court order, or if court proceedings are pending, the court shall be notified of the discharge by the hospital.</DIV>
<DIV>&nbsp;&nbsp;&nbsp;&nbsp;(4)   If the court orders a person to be hospitalized under an initial or continuing order for hospitalization subsequent to dismissal of felony charges under section 1044(1)(b), the court shall include both of the following statements in the initial or continuing order unless the time for petitioning to refile charges under section 1044 has elapsed:</DIV>
<DIV>&nbsp;&nbsp;&nbsp;&nbsp;(a)   A requirement that not less than 30 days before the patient's scheduled release or discharge, the director of the treating facility shall notify the prosecutor's office in the county in which charges against the person were originally brought that the patient's release or discharge is pending.</DIV>
<DIV>&nbsp;&nbsp;&nbsp;&nbsp;(b)   A requirement that not less than 30 days before the scheduled release or discharge, the patient to be released or discharged undergo a competency examination as described in section 1026. A copy of the written report of the examination along with the notice required in subdivision (a) shall be submitted to the prosecutor's office in the county in which the charges against the patient were originally brought. The written report is admissible as provided in section 1030(3).</DIV>
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  <p><BR><B>History:</B> 1974, Act 258, Eff. Nov. 6, 1974 
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        Am. 1995, Act 290, Eff. Mar. 28, 1996 
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        Am. 1998, Act 382, Imd. Eff. Oct. 23, 1998 </p>
</font><BR><BR><BR><BR><B>330.1477 Termination of treatment; notice.</B><P>Sec. 477.</P>
<div>&nbsp;&nbsp;&nbsp;&nbsp;<B></B>(1) A person responsible for providing treatment to an individual ordered to undergo a program of assisted outpatient treatment or a program of combined hospitalization and assisted outpatient treatment may terminate the treatment to the individual if the provider of the treatment considers the individual clinically suitable for termination of treatment, and shall terminate the treatment when the individual's mental condition is such that he or she no longer meets the criteria of a person requiring treatment.</div>
<div>&nbsp;&nbsp;&nbsp;&nbsp;<B></B>(2) Upon termination of assisted outpatient treatment or combined hospitalization and assisted outpatient treatment, the court shall be notified by the provider of the treatment.</div>
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  <p><BR><B>History:</B> 1974, Act 258, Eff. Nov. 6, 1974 
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Am. 1980, Act 138, Imd. Eff. May 29, 1980 
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Am. 1986, Act 117, Eff. Mar. 31, 1987 
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Am. 2018, Act 593, Eff. Mar. 28, 2019 </p>
</font><BR><BR><BR><BR><B>330.1478 Treatment on voluntary basis; aid in obtaining other treatment.</B><P>Sec. 478.</P>
<div>&nbsp;&nbsp;&nbsp;&nbsp;<B></B>If, upon the discharge of a patient hospitalized by court order or the termination of assisted outpatient treatment to an individual receiving assisted outpatient treatment under this chapter, it is determined that the individual would benefit from the receipt of further treatment, the hospital or provider of assisted outpatient treatment shall offer him or her appropriate treatment on a voluntary basis, or shall aid him or her to obtain treatment from another source.</div>
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  <p><BR><B>History:</B> 1974, Act 258, Eff. Nov. 6, 1974 
          ;--
        
Am. 2018, Act 593, Eff. Mar. 28, 2019 </p>
</font><BR><BR><BR><BR><B>330.1479 Leaves or absence from hospital; rules; procedures; mandatory discharge; notice.</B><P>
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<P>Sec. 479.</P>
<DIV>&nbsp;&nbsp;&nbsp;&nbsp;   All leaves or absences from a hospital, other than release or discharge, and all revocations of leaves and absences under section 408, shall be governed in accordance with rules or procedures established by the department or the hospital; except that a hospital director shall discharge any patient who has been hospitalized subject to an order of continuing hospitalization and who has been on an authorized leave or absence from the hospital for a continuous period of 1 year. Upon such discharge, the hospital director shall notify the court.</DIV>
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  <p><BR><B>History:</B> 1974, Act 258, Eff. Nov. 6, 1974 
          ;--
        Am. 1995, Act 290, Eff. Mar. 28, 1996 <BR><B>Admin Rule:</B> R 330.1001 et seq. of the Michigan Administrative Code.</p>
</font><BR><BR><hr /><small>Rendered 8/15/2025 5:46 AM</small><br /><small>Michigan Compiled Laws Complete Through PA 5                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    of 2025</small><br /><small>Courtesy of legislature.mi.gov</small><br />