SB-0437, As Passed House, October 26, 2017
SB-0437, As Passed Senate, September 12, 2017
June 7, 2017, Introduced by Senator SCHUITMAKER and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 1091 (MCL 600.1091), as added by 2013 PA 274.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1091. (1) The circuit court or the district court in any
judicial circuit or a district court in any judicial district may
adopt or institute a mental health court pursuant to statute or
court rules. However, if the mental health court will include in
its program individuals who may be eligible for discharge and
dismissal of an offense, delayed sentence, or deviation from the
sentencing guidelines, the circuit or district court shall not
adopt or institute the mental health court unless the circuit or
district court enters into a memorandum of understanding with each
participating prosecuting attorney in the circuit or district court
district, a representative or representatives of the community
mental health services programs, a representative of the criminal
defense bar, and a representative or representatives of community
treatment providers. The memorandum of understanding also may
include other parties considered necessary, including, but not
limited to, a representative or representatives of the local court
funding unit or a domestic violence service provider program that
receives funding from the state domestic violence prevention and
treatment
board. The memorandum of understanding shall must
describe the role of each party.
(2) A family division of circuit court in any judicial circuit
may adopt or institute a juvenile mental health court pursuant to
statute or court rules. The creation or existence of a mental
health court does not change the statutes or court rules concerning
discharge or dismissal of an offense, or a delayed sentence or
deferred entry of judgment. A family division of circuit court
adopting or instituting a juvenile mental health court shall enter
into a memorandum of understanding with all participating
prosecuting authorities in the circuit or district court, a
representative or representatives of the community mental health
services program, a representative of the criminal defense bar
specializing in juvenile law, and a representative or
representatives of community treatment providers that describes the
roles and responsibilities of each party to the memorandum of
understanding. The memorandum of understanding also may include
other parties considered necessary, including, but not limited to,
a representative or representatives of the local court funding unit
or a domestic violence service provider program that receives
funding from the state domestic violence prevention and treatment
board.
The memorandum of understanding shall must describe the role
of each party. A juvenile mental health court is subject to the
same procedures and requirements provided in this chapter for a
mental health court created under subsection (1), except as
specifically provided otherwise in this chapter.
(3) A court that has adopted a mental health court under this
section may accept participants from any other jurisdiction in this
state based upon the residence of the participant in the receiving
jurisdiction, the nonavailability of a mental health court in the
jurisdiction where the participant is charged, and the availability
of financial resources for both operations of the mental health
court program and treatment services. A mental health court may
refuse to accept participants from other jurisdictions.
(4) Beginning January 1, 2018, a mental health court operating
in this state, or a circuit court in any judicial circuit or the
district court in any judicial district seeking to adopt or
institute a mental health court, must be certified by the state
court administrative office. The state court administrative office
shall establish the procedure for certification. Approval and
certification under this subsection of a mental health court is
required to begin or to continue the operation of a mental health
court under this chapter. The state court administrative office
shall not recognize and include a mental health court that is not
certified under this subsection on the statewide official list of
mental health courts. The state court administrative office shall
include a mental health court certified under this subsection on
the statewide official list of mental health courts. A mental
health court that is not certified under this subsection shall not
perform any of the functions of a mental health court, including,
but not limited to, any of the following functions:
(a) Charging a fee under section 1095.
(b) Discharging and dismissing a case as provided in section
1098.
(c) Receiving funding under section 1099a.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 99th Legislature are
enacted into law:
(a) Senate Bill No. 435.
(b) Senate Bill No. 436.
(c) Senate Bill No. 438.