November 3, 2010, Introduced by Senators BRATER, THOMAS, OLSHOVE and SWITALSKI and referred to the Committee on Judiciary.
A bill to amend 1953 PA 232, entitled
"Corrections code of 1953,"
(MCL 791.201 to 791.285) by adding section 64a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 64a. (1) A prisoner in a state correctional facility
whose existing health record indicates the presence of any of the
criteria listed in subsection (3)(a) to (c) shall not be confined
in administrative segregation for maintenance of order and
discipline.
(2) If a prisoner whose existing health record does not
indicate the presence of any of the criteria under subsection
(3)(a) to (c) is confined in administrative segregation for
maintenance of order and discipline for a period of more than 12
hours, a department of community health mental health clinician
shall review the prisoner's mental health status within the next 24
hours. If the prisoner remains confined after the assessment is
made, a department of community health mental health clinician
shall reassess the prisoner every 3 days thereafter.
(3) A department of community health mental health clinician
who conducts an assessment under subsection (2) shall recommend for
removal from confinement and placement in an existing corrections
mental health service a prisoner who meets any of the following
criteria:
(a) The prisoner has been diagnosed with or currently displays
symptoms of 1 or more of the following Axis I diagnoses as
described in the most recent edition of the American psychiatric
association's diagnostic and statistical manual of mental
disorders:
(i) Schizophrenia or other psychotic disorder.
(ii) Major depressive disorder.
(iii) Bipolar disorder.
(iv) Delirium or dementia.
(b) The prisoner has been diagnosed with traumatic brain
injury.
(c) The prisoner has been determined to be at risk of suicide.
(d) The prisoner's mental or emotional condition has
deteriorated substantially while in confinement, and a clinically
appropriate corrections mental health service is available.
(4) If a recommendation for cessation of confinement and
placement in a corrections mental health service is made under
subsection (3), the inmate shall be removed from confinement within
12 hours after the recommendation is made, and the recommended
service shall commence as soon as possible.
(5) As used in this section:
(a) "Administrative segregation" means confinement to a cell
or room that is apart from accommodations provided for inmates who
are participating in programs at the correctional facility.
(b) "Department of community health mental health clinician"
means a mental health clinician employed or contracted by, or
otherwise arranged for by, the department of community health.