HB-4695, As Passed Senate, December 11, 2013

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4695

A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

(MCL 600.101 to 600.9947) by adding sections 1097 and 1098.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1097. (1) In order to continue to participate in and

successfully complete a mental health court program, an individual

shall comply with all court orders, violations of which may be

sanctioned at the court's discretion.

(2) If the participant is accused of a new crime, the judge

shall have the discretion to terminate the participant's

participation in the mental health court program.

(3) The court shall require that a participant pay all court

fines, court costs, court fees, restitution, and assessments and

pay all, or make substantial contributions toward payment of, the

costs of the treatment and the mental health court program services

provided to the participant, including, but not limited to, the

costs of drug or alcohol testing or counseling. However, except as

otherwise provided by law, if the court determines that the payment

of court fines, court fees, or drug or alcohol testing expenses

under this subsection would be a substantial hardship for the

individual or would interfere with the individual's treatment, the

court may waive all or part of those court fines, court fees, or

drug or alcohol testing expenses. The cost of treatment shall be

governed by chapter 8 of the mental health code, 1974 PA 258, MCL

330.1800 to 330.1842, if applicable.

(4) The responsible mental health agency shall notify the

court of a participant's formal objection to his or her written

individual plan of services developed under section 712(2) of the

mental health code, 1974 PA 258, MCL 330.1712. However, the court

is not obligated to take any action in response to a notice

received under this subsection.

Sec. 1098. (1) Upon completion or termination of the mental

health court program, the court shall find on the record or place a

written statement in the court file indicating whether the

participant completed the program successfully or whether the

individual's participation in the program was terminated and, if it

was terminated, the reason for the termination.

(2) If an individual is participating in a mental health court

under section 11 of chapter II of the code of criminal procedure,

1927 PA 175, MCL 762.11, section 7411 of the public health code,

1978 PA 368, MCL 333.7411, section 4a of chapter IX of the code of

criminal procedure, 1927 PA 175, MCL 769.4a, or section 350a or 430

of the Michigan penal code, 1931 PA 328, MCL 750.350a and 750.430,

the court shall proceed under the applicable section of law. There

may only be 1 discharge or dismissal under this subsection.

(3) Except as provided in subsection (4), the court, with the

agreement of the prosecutor and in conformity with the terms and

conditions of the memorandum of understanding under section 1091,

may discharge and dismiss the proceedings against an individual who

meets all of the following criteria:

(a) The individual has participated in a mental health court

for the first time.

(b) The individual has successfully completed the terms and

conditions of the mental health court program.

correctional facility for the crimes to which he or she has pled

guilty.

(d) The individual has not previously been subject to more

than 1 of the following:

(i) Assignment to the status of youthful trainee under section

11 of chapter II of the code of criminal procedure, 1927 PA 175,

MCL 762.11.

(ii) The dismissal of criminal proceedings against the

individual under section 7411 of the public health code, 1978 PA

368, MCL 333.7411, section 4a of chapter IX of the code of criminal

procedure, 1927 PA 175, MCL 769.4a, or section 350a or 430 of the

Michigan penal code, 1931 PA 328, MCL 750.350a and 750.430.

(4) The court may order a discharge and dismissal of a

domestic violence offense only if all of the following

circumstances apply:

(a) The individual has not previously had proceedings

dismissed under section 4a of chapter IX of the code of criminal

procedure, 1927 PA 175, MCL 769.4a.

(b) The domestic violence offense is eligible to be dismissed

under section 4a of chapter IX of the code of criminal procedure,

1927 PA 175, MCL 769.4a.

under section 4a of chapter IX of the code of criminal procedure,

1927 PA 175, MCL 769.4a, and the discharge and dismissal of

proceedings are processed and reported under section 4a of chapter

IX of the code of criminal procedure, 1927 PA 175, MCL 769.4a.

(5) A discharge and dismissal under subsection (3) shall be

without adjudication of guilt or, for a juvenile, without

adjudication of responsibility and are not a conviction or a

finding of responsibility for purposes of this section or for

purposes of disqualifications or disabilities imposed by law upon

conviction of a crime or, for a juvenile, a finding of

responsibility. There may only be 1 discharge and dismissal under

subsection (3) for an individual. The court shall send a record of

the discharge and dismissal to the criminal justice information

center of the department of state police, and the department of

state police shall enter that information into the law enforcement

information network with an indication of participation by the

individual in a mental health court. All records of the proceedings

regarding the participation of the individual in the mental health

court under subsection (3) are closed to public inspection from the

date of deferral and are exempt from public disclosure under the

freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, but

shall be open to the courts of this state, another state, or the

United States, the department of corrections, law enforcement

personnel, and prosecutors only for use in the performance of their

duties or to determine whether an employee of the court,

department, law enforcement agency, or prosecutor's office has

violated his or her conditions of employment or whether an

applicant meets criteria for employment with the court, department,

law enforcement agency, or prosecutor's office. The records and

identifications division of the department of state police shall

retain a nonpublic record of an arrest, court proceedings, and the

discharge and dismissal under this subsection.

(6) Except as provided in subsection (2), (3), or (4), if an

individual has successfully completed probation or other court

supervision, the court shall do the following:

(a) If the court has not already entered an adjudication of

guilt or responsibility, enter an adjudication of guilt or, in the

case of a juvenile, enter a finding or adjudication of

responsibility.

(b) If the court has not already sentenced the individual,

proceed to sentencing or, in the case of a juvenile, disposition

pursuant to the agreement.

finding or adjudication of responsibility and disposition to the

criminal justice information center of the department of state

police.

(7) For a participant whose participation is terminated or who

fails to successfully complete the mental health court program, the

court shall enter an adjudication of guilt, or, in the case of a

juvenile, a finding of responsibility, if the entry of guilt or

adjudication of responsibility was delayed or deferred under

section 1094, and shall then proceed to sentencing or disposition

of the individual for the original charges to which the individual

pled guilty or, in the case of a juvenile, to which the juvenile

admitted responsibility prior to admission to the mental health

court. Except for program termination due to the commission of a

new crime, failure to complete a mental health court program shall

not be a prejudicial factor in sentencing. All records of the

proceedings regarding the participation of the individual in the

mental health court shall remain closed to public inspection and

exempt from public disclosure as provided in subsection (5).

Enacting section 1. This amendatory act does not take effect

unless all of the following bills of the 97th Legislature are

enacted into law:

(a) House Bill No. 4694.

(b) House Bill No. 4696.