MENTAL HEALTH: NOTICE TO SCAO S.B. 1262: FLOOR ANALYSIS






Senate Bill 1262 (as reported without amendment)
Sponsor: Senator Bruce Patterson
Committee: Judiciary

CONTENT
The bill would amend the Mental Health Code to require community mental health service programs to notify the "appropriate court", rather than the State Court Administrative Office (SCAO), of the hospitals designated to receive individuals taken into protective custody.


Under the Code, each community mental health services program (CMHSP) must designate the hospitals with which it has a contract to receive and detain individuals taken into protective custody under Section 427 or 428 of the Code. Each CMHSP also must notify the Department of Community Health and the SCAO of the designated hospitals. The bill would require a CMHSP to notify the appropriate court, instead of the SCAO.

(Section 427 allows a peace officer to take an individual into protective custody and transport him or her to a preadmission screening unit designated by a CMHSP, if the peace officer observes the individual conducting himself or herself in a manner that leads the officer to believe the individual is a "person requiring treatment". Upon arrival, the officer must execute an application for hospitalization of the individual. Under Section 428, if the person who executed an application for hospitalization of an individual is unable to secure an examination by a physician or a licensed psychologist, the application may be presented to the court, which may order a peace officer to take an individual into protective custody and transport him or her to a preadmission screening unit designated by a CMHSP.)


MCL 330.1422 Legislative Analyst: Patrick Affholter

FISCAL IMPACT
According to the SCAO, the bill would have no fiscal impact.


Date Completed: 6-2-04 Fiscal Analyst: Bethany Wicksall

Analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. sb1262/0304