SB-0437, As Passed House, October 26, 2017

SB-0437, As Passed Senate, September 12, 2017

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 437

 

 

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.