HOUSE BILL No. 5046 October 26, 1999, Introduced by Reps. Brater, Hansen, Woodward, Baird, Bovin, Callahan, Spade, Martinez, Schauer, LaForge, Price, Vaughn, Tesanovich, Jacobs, Garza, DeHart, Schermesser, Dennis, Hale, Cherry, Rivet, Scott, Jamnick, Garcia, Godchaux, Tabor and Toy and referred to the Committee on Health Policy. A bill to amend 1927 PA 175, entitled "The code of criminal procedure," (MCL 760.1 to 777.69) by adding section 84 to chapter VII. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 CHAPTER VII 2 SEC. 84. (1) UPON THE MOTION OF A PARTY OR UPON THE COURT'S 3 OWN INITIATIVE, THE COURT MAY CONDUCT A HEARING TO DETERMINE 4 WHETHER AN INDIVIDUAL CHARGED WITH COMMITTING A MISDEMEANOR NEEDS 5 TREATMENT OR SERVICES OR HAS PREVIOUSLY BEEN TREATED OR APPLIED 6 FOR TREATMENT OR SERVICES FOR A SERIOUS MENTAL ILLNESS, SERIOUS 7 EMOTIONAL DISTURBANCE, OR DEVELOPMENTAL DISABILITY AND WHETHER 8 THE INTERESTS OF THE PUBLIC AND THE INDIVIDUAL WOULD BE BEST 9 SERVED BY REQUIRING THE INDIVIDUAL TO OBTAIN TREATMENT OR 10 SERVICES FOR THE SERIOUS MENTAL ILLNESS, SERIOUS EMOTIONAL 11 DISTURBANCE, OR DEVELOPMENTAL DISABILITY. IN MAKING A 00563'99 * DAM 2 1 DETERMINATION UNDER THIS SUBSECTION, THE COURT SHALL CONSIDER ALL 2 OF THE FOLLOWING: 3 (A) THE NATURE AND SERIOUSNESS OF THE CRIME WITH WHICH THE 4 INDIVIDUAL IS CHARGED. 5 (B) THE INDIVIDUAL'S PRIOR CRIMINAL RECORD. 6 (C) THE INDIVIDUAL'S PRIOR MENTAL HEALTH RECORD. 7 (D) THE LIKELIHOOD THAT THE INDIVIDUAL WOULD BENEFIT FROM 8 MENTAL HEALTH TREATMENT OR SERVICES. 9 (E) OTHER INFORMATION CONSIDERED RELEVANT BY THE COURT. 10 (2) THE COURT MAY REQUIRE THE INDIVIDUAL DESCRIBED IN SUB- 11 SECTION (1) TO SUBMIT TO A MEDICAL EXAMINATION OR PSYCHIATRIC OR 12 PSYCHOLOGICAL EVALUATION CONDUCTED BY A COMMUNITY MENTAL HEALTH 13 SERVICES PROGRAM FOR PURPOSES OF THIS SECTION. UPON THE MOTION 14 OF A PARTY OR UPON THE COURT'S OWN INITIATIVE, THE COURT MAY 15 REQUIRE AN INDIVIDUAL DESCRIBED IN SUBSECTION (1) TO SUBMIT TO A 16 MEDICAL EXAMINATION OR PSYCHIATRIC OR PSYCHOLOGICAL EVALUATION 17 CONDUCTED BY A MENTAL HEALTH PROFESSIONAL OR A PROVIDER OF MENTAL 18 HEALTH SERVICES OTHER THAN A COMMUNITY MENTAL HEALTH SERVICES 19 PROGRAM TO OBTAIN AN INDEPENDENT INITIAL EVALUATION OR AN INDE- 20 PENDENT SECOND OPINION. 21 (3) THE COURT SHALL INFORM THE INDIVIDUAL AND HIS OR HER 22 ATTORNEY THAT THE INDIVIDUAL MAY REFUSE TO PARTICIPATE IN A PRO- 23 GRAM OF TREATMENT OR SERVICES OFFERED UNDER THIS SECTION AND 24 INSTEAD ALLOW THE CRIMINAL PROCEEDING TO PROCEED. 25 (4) IF THE INDIVIDUAL DOES NOT INFORM THE COURT THAT HE OR 26 SHE DOES NOT WISH TO PARTICIPATE IN A MENTAL HEALTH TREATMENT OR 27 SERVICES PROGRAM AS PROVIDED IN SUBSECTION (1), THE COURT SHALL 00563'99 * 3 1 PRESENT TO THE INDIVIDUAL A CONTRACT TO BE SIGNED BY THE 2 INDIVIDUAL AND THE COURT. THE CONTRACT MAY CONTAIN TERMS AND 3 CONDITIONS THAT ARE BASED ON, BUT NOT LIMITED TO, 1 OR MORE OF 4 THE FACTORS SET FORTH IN SUBSECTION (1)(A) TO (E). 5 (5) BY SIGNING THE CONTRACT, THE INDIVIDUAL AGREES TO ALL OF 6 THE FOLLOWING: 7 (A) FOR THE TERM OF THE CONTRACTUAL PERIOD, TO ABIDE BY THE 8 TERMS OF ANY COURT ORDER ENTERED WITH RESPECT TO HIS OR HER 9 CASE. 10 (B) TO REMAIN IN SUBSTANTIAL COMPLIANCE WITH HIS OR HER 11 INDIVIDUAL PLAN OF SERVICES AS DEVELOPED PURSUANT TO SECTION 712 12 OF THE MENTAL HEALTH CODE, 1974 PA 258, MCL 330.1712, OR, IF THE 13 INDIVIDUAL RECEIVES SERVICES FROM A PROVIDER OF MENTAL HEALTH 14 SERVICES OTHER THAN A COMMUNITY MENTAL HEALTH SERVICES PROGRAM, 15 THE INDIVIDUAL'S PLAN OF SERVICES DEVELOPED BY HIS OR HER 16 PROVIDER. 17 (C) TO REMAIN IN COMPLIANCE WITH ANY RELATED ORDER OF THE 18 COURT. 19 (D) NOT TO VIOLATE ANY CRIMINAL LAW OR ORDINANCE OF THE 20 UNITED STATES, THIS STATE, OR A POLITICAL SUBDIVISION OF THIS 21 STATE. 22 (6) BY SIGNING THE CONTRACT, THE COURT AGREES TO STAY FUR- 23 THER ADJUDICATION OF THE UNDERLYING CRIMINAL CHARGE AND TO DIS- 24 MISS THE CHARGE AT THE CONCLUSION OF THE CONTRACTUAL PERIOD IF 25 THE INDIVIDUAL ABIDES BY THE TERMS OF THE CONTRACT OR AT THE CON- 26 CLUSION OF 1 YEAR AFTER THE CONTRACT IS SIGNED IF THE INDIVIDUAL 00563'99 * 4 1 HAS ABIDED BY THE TERMS OF THE CONTRACT DURING THAT YEAR, 2 WHICHEVER IS SOONER. 3 (7) IF A CONTRACT HAS BEEN SIGNED UNDER SUBSECTION (4), THE 4 COURT SHALL STAY THE CRIMINAL CASE FOR NOT MORE THAN 1 YEAR. 5 (8) THE INDIVIDUAL'S PROVIDER OF MENTAL HEALTH SERVICES OR 6 THE PERSON IN CHARGE OF IMPLEMENTING THE INDIVIDUAL'S PLAN OF 7 SERVICES DESCRIBED IN SECTION 712 OF THE MENTAL HEALTH CODE, 1974 8 PA 258, MCL 330.1712, SHALL NOTIFY THE COURT IF THE INDIVIDUAL 9 FAILS TO COMPLY WITH HIS OR HER INDIVIDUAL PLAN OF SERVICES. IF 10 THE COURT IS INFORMED AT ANY TIME DURING THE CONTRACTUAL PERIOD 11 THAT THE INDIVIDUAL HAS NOT ABIDED BY THE TERMS OF THE CONTRACT, 12 THE COURT MAY HOLD A HEARING TO DETERMINE WHETHER THE INDIVIDUAL 13 HAS ABIDED BY THE TERMS OF THE CONTRACT. IF THE COURT FINDS BY A 14 PREPONDERANCE OF THE EVIDENCE THAT THE INDIVIDUAL HAS NOT ABIDED 15 BY THE TERMS OF THE CONTRACT, THE COURT MAY RESCIND THE CONTRACT 16 AND RENEW ADJUDICATION OF THE CRIMINAL CASE. IF THE COURT 17 CHOOSES NOT TO RESCIND THE CONTRACT, THE CONTRACT REMAINS IN 18 EFFECT AND IS BINDING ON ALL OF THE PARTIES. 19 (9) IF THE COURT RESCINDS THE CONTRACT DURING THE PERIOD OF 20 TREATMENT OR SERVICES UNDER SUBSECTION (8), THE COURT SHALL PRO- 21 VIDE A WRITTEN NOTICE OF THE RESCISSION TO THE INDIVIDUAL AND HIS 22 OR HER ATTORNEY AND TO THE PROSECUTING ATTORNEY. 23 (10) AT THE CONCLUSION OF THE CONTRACTUAL PERIOD, THE COURT 24 SHALL COMPLY WITH THE TERMS OF THE CONTRACT. 25 (11) STATEMENTS MADE BY A DEFENDANT TO A PSYCHIATRIST, PSY- 26 CHOLOGIST, OR OTHER MENTAL HEALTH PROFESSIONAL WHO CONDUCTS AN 27 EXAMINATION OF AN INDIVIDUAL UNDER THIS SECTION ARE NOT 00563'99 * 5 1 ADMISSIBLE DURING ANY CRIMINAL PROCEEDING INVOLVING THE ALLEGED 2 CRIMINAL CONDUCT ON ANY ISSUE OTHER THAN THE INDIVIDUAL'S MENTAL 3 ILLNESS, INSANITY, OR DIMINISHED CAPACITY AT THE TIME OF THE 4 ALLEGED OFFENSE. 5 (12) AS USED IN THIS SECTION: 6 (A) "COMMUNITY MENTAL HEALTH SERVICES PROGRAM" MEANS THAT 7 TERM AS DEFINED IN SECTION 100A OF THE MENTAL HEALTH CODE, 1974 8 PA 258, MCL 330.1100A. 9 (B) "DEVELOPMENTAL DISABILITY" MEANS THAT TERM AS DEFINED IN 10 SECTION 100A OF THE MENTAL HEALTH CODE, 1974 PA 258, 11 MCL 330.1100A. 12 (C) "MENTAL HEALTH PROFESSIONAL" MEANS THAT TERM AS DEFINED 13 IN SECTION 100B OF THE MENTAL HEALTH CODE, 1974 PA 258, 14 MCL 330.1100B. 15 (D) "SERIOUS EMOTIONAL DISTURBANCE" MEANS THAT TERM AS 16 DEFINED IN SECTION 100D OF THE MENTAL HEALTH CODE, 1974 PA 258, 17 MCL 330.1100D. 18 (E) "SERIOUS MENTAL ILLNESS" MEANS THAT TERM AS DEFINED IN 19 SECTION 100D OF THE MENTAL HEALTH CODE, 1974 PA 258, 20 MCL 330.1100D. 21 Enacting section 1. This amendatory act does not take 22 effect unless Senate Bill No. ______ or House Bill No. 5045 23 (request no. 00564'99 *) of the 90th Legislature is enacted into 24 law. 00563'99 * Final page. DAM