SB-0683, As Passed Senate, December 9, 2004
HOUSE SUBSTITUTE FOR
SENATE BILL NO. 683
A bill to amend 1974 PA 258, entitled
"Mental health code,"
by amending section 401 (MCL 330.1401), as amended by 1995 PA
290.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 401. (1) As used in this chapter, "person requiring
2 treatment" means
(a), (b), or (c), or (d):
3 (a) An individual who has mental illness, and who as a result
4 of that mental illness can reasonably be expected within the near
5 future to intentionally or unintentionally seriously physically
6 injure himself, or
herself, or another individual, and who has
7 engaged in an act or acts or made significant threats that are
8 substantially supportive of the expectation.
9 (b) An individual who has mental illness, and who as a result
10 of that mental illness is unable to attend to those of his or her
Senate Bill No. 683 (H-1) as amended December 9, 2004
1 basic physical needs such as food, clothing, or shelter that must
2 be attended to in order for the individual to avoid serious harm
3 in the near future, and who has demonstrated that inability by
4 failing to attend to those basic physical needs.
5 (c) An individual who has mental illness, whose judgment is
6 so impaired that he or she is unable to understand his or her
7 need for treatment and whose continued behavior as the result of
8 this mental illness can reasonably be expected, on the basis of
9 competent clinical opinion, to result in significant physical
10 harm to himself, or
herself, or others. This individual shall
11 receive involuntary mental health treatment initially only under
12 the provisions of
sections 434 through 438. of this act.
13 (d) An individual who has mental illness, [whose understanding of the need for treatment is impaired to the point that he or she is unlikely to participate in treatment voluntarily,] who is currently
14 noncompliant with treatment that has been recommended by a mental
15 health professional, [and that has been determined to be necessary to prevent a relapse or harmful deterioration of his or her condition] and whose noncompliance with treatment has
16 been a factor in the individual's placement in a psychiatric
17 hospital, prison, or jail at least 2 times within the last 48
18 months or whose noncompliance with treatment has been a factor in
19 the individual's committing 1 or more acts, attempts, or threats
20 of serious violent behavior within the last 48 months[.
21
22
23
24
25 ] An individual under this subdivision is [only] eligible to
26 receive assisted outpatient treatment under section 433 or 469a.
27 (2) An individual whose mental processes have been weakened
1 or impaired by a dementia, an individual with a primary diagnosis
2 of epilepsy, or an individual with alcoholism or other drug
3 dependence is not a person requiring treatment under this chapter
4 unless the individual also meets the criteria specified in
5 subsection (1). An individual described in this subsection may
6 be hospitalized under the informal or formal voluntary
7 hospitalization provisions of this chapter if he or she is
8 considered clinically suitable for hospitalization by the
9 hospital director.
10 Enacting section 1. This amendatory act does not take
11 effect unless all of the following bills of the 92nd Legislature
12 are enacted into law:
13 (a) Senate Bill No. 684.
14 (b) Senate Bill No. 685.
15 (c) Senate Bill No. 686.
16 (d) Senate Bill No. 1464.