May 2, 2018, Introduced by Reps. LaGrand, Geiss, Ellison, Cambensy and Hughes and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 1093 (MCL 600.1093), as added by 2013 PA 274.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1093. (1) Each mental health court shall determine
whether an individual may be admitted to the mental health court.
No individual has a right to be admitted into a mental health
court. Admission into a mental health court program is at the
discretion of the court based on the individual's legal or clinical
eligibility. An individual may be admitted to mental health court
regardless of prior participation or prior completion status.
However,
in no case shall a Unless the
mental health court judge
and the prosecuting attorney in consultation with any known victim
in the instant case consent, a violent offender shall not be
admitted into mental health court.
(2) In addition to admission to a mental health court under
this chapter, an individual who is eligible for admission under
this chapter may also be admitted to a mental health court under
any of the following circumstances:
(a) The individual has been assigned the status of youthful
trainee under section 11 of chapter II of the code of criminal
procedure, 1927 PA 175, MCL 762.11.
(b) The individual has had criminal proceedings against him or
her deferred and has been placed on probation under any of the
following:
(i) Section 7411 of the public health code, 1978 PA 368, MCL
333.7411.
(ii) Section 4a of chapter IX of the code of criminal
procedure, 1927 PA 175, MCL 769.4a.
(iii) Section 350a or 430 of the Michigan penal code, 1931 PA
328, MCL 750.350a and 750.430.
(3) To be admitted to a mental health court, an individual
shall cooperate with and complete a preadmission screening and
evaluation assessment and shall submit to any future evaluation
assessment as directed by the mental health court. A preadmission
screening
and evaluation assessment shall must
include all of the
following:
(a) A review of the individual's criminal history. A review of
the law enforcement information network may be considered
sufficient for purposes of this subdivision unless a further review
is warranted. The court may accept other verifiable and reliable
information from the prosecution or defense to complete its review
and may require the individual to submit a statement as to whether
or not he or she has previously been admitted to a mental health
court and the results of his or her participation in the prior
program or programs.
(b) An assessment of the risk of danger or harm to the
individual, others, or the community.
(c) A mental health assessment, clinical in nature, and using
standardized instruments that have acceptable reliability and
validity, meeting diagnostic criteria for a serious mental illness,
serious emotional disturbance, co-occurring disorder, or
developmental disability.
(d) A review of any special needs or circumstances of the
individual that may potentially affect the individual's ability to
receive mental health or substance abuse treatment and follow the
court's orders.
(e) For a juvenile, an assessment of the juvenile's family
situation, including, to the extent practicable, a comparable
review of any guardians or parents.
(4) Except as otherwise permitted in this chapter, any
statement or other information obtained as a result of
participating in a preadmission screening and evaluation assessment
under subsection (3) is confidential and is exempt from disclosure
under the freedom of information act, 1976 PA 442, MCL 15.231 to
15.246,
and shall must not be used in a criminal prosecution,
unless it reveals criminal acts other than, or inconsistent with,
personal drug use.
(5) The court may request that the department of state police
provide to the court information contained in the law enforcement
information network pertaining to an individual applicant's
criminal history for the purposes of determining an individual's
eligibility for admission into the mental health court and general
criminal history review.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.