HB-5806, As Passed House, December 5, 2018

SUBSTITUTE FOR

HOUSE BILL NO. 5806

A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

(MCL 600.101 to 600.9947) by adding chapter 10C.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

CHAPTER 10C

Sec. 1099b. As used in this chapter:

(a) "Co-occurring disorder" means having 1 or more disorders

relating to the use of alcohol or other controlled substances of

abuse as well as any serious mental illness, serious emotional

disturbance, or developmental disability. A diagnosis of co-

occurring disorders occurs when at least 1 disorder of each type

can be established independent of the other and is not simply a

cluster of symptoms resulting from 1 disorder.

(b) "Court funding unit" means that term as defined in section

151e.

section 100a of the mental health code, 1974 PA 258, MCL 330.1100a.

(d) "Domestic violence offense" means any crime alleged to

have been committed by a juvenile against a family member, an

individual with whom the juvenile has a child in common, an

individual with whom the juvenile has had a dating relationship, or

an individual who resides or has resided in the same household as

the juvenile.

(e) "Juvenile mental health court" means all of the following:

(i) A court-supervised treatment program for juveniles who are

diagnosed by a mental health professional with having a serious

emotional disturbance, co-occurring disorder, or developmental

disability.

(ii) Programs designed to adhere to the 7 common

characteristics of a juvenile mental health court as described

under section 1099c(3).

(iii) Programs designed to adhere to the 10 essential elements

of a mental health court promulgated by the Bureau of Justice

Assistance, or amended, that include all of the following

characteristics:

(A) A broad-based group of stakeholders representing the

criminal justice system, the juvenile justice system, the mental

health system, the substance abuse treatment system, any related

systems, and the community guide the planning and administration of

the court.

(B) Eligibility criteria that address public safety and a

community's treatment capacity, in addition to the availability of

alternatives to pretrial detention for juveniles with mental

illnesses, and that take into account the relationship between

mental illness and a juvenile's offenses, while allowing the

individual circumstances of each case to be considered.

mental health courts, and then linked to community-based service

providers as quickly as possible.

(D) Terms of participation are clear, promote public safety,

facilitate the juvenile's engagement in treatment, are

individualized to correspond to the level of risk that each

juvenile presents to the community, and provide for positive legal

outcomes for those individuals who successfully complete the

program.

(E) In accordance with the Michigan indigent defense

commission act, 2013 PA 93, MCL 780.981 to 780.1003, provide legal

counsel to juvenile respondents to explain program requirements,

including voluntary participation, and guide juveniles in decisions

about program involvement. Procedures exist in the juvenile mental

health court to address, in a timely fashion, concerns about a

juvenile's competency whenever they arise.

(F) Connect participants to comprehensive and individualized

treatment supports and services in the community and strive to use,

and increase the availability of, treatment and services that are

evidence based.

(G) Health and legal information are shared in a manner that

protects potential participants' confidentiality rights as mental

health consumers and their constitutional rights. Information

gathered as part of the participants' court-ordered treatment

program or services is safeguarded from public disclosure in the

event that participants are returned to traditional court

processing.

(H) A team of criminal justice, if applicable, juvenile

justice, and mental health staff and treatment providers receives

special, ongoing training and assists mental health court

participants to achieve treatment and criminal and juvenile justice

goals by regularly reviewing and revising the court process.

(I) Criminal and juvenile justice and mental health staff

collaboratively monitor participants' adherence to court

conditions, offer individualized graduated incentives and

sanctions, and modify treatment as necessary to promote public

safety and participants' recovery.

(J) Data are collected and analyzed to demonstrate the impact

of the juvenile mental health court, its performance is assessed

periodically, procedures are modified accordingly, court processes

are institutionalized, and support for the court in the community

is cultivated and expanded.

(f) "Mental health professional" means an individual who is

trained and experienced in the area of mental illness or

developmental disabilities and who is 1 of the following:

(i) A physician.

(ii) A psychologist.

(iii) A registered professional nurse licensed or otherwise

authorized to engage in the practice of nursing under part 172 of

the public health code, 1978 PA 368, MCL 333.17201 to 333.17242.

(iv) A licensed master's social worker licensed or otherwise

authorized to engage in the practice of social work at the master's

level under part 185 of the public health code, 1978 PA 368, MCL

333.18501 to 333.18518.

(v) A licensed professional counselor licensed or otherwise

authorized to engage in the practice of counseling under part 181

of the public health code, 1978 PA 368, MCL 333.18101 to 333.18117.

(vi) A marriage and family therapist licensed or otherwise

authorized to engage in the practice of marriage and family therapy

under part 169 of the public health code, 1978 PA 368, MCL

333.16901 to 333.16915.

(g) "Participant" means a juvenile who is admitted into a

juvenile mental health court.

(h) "Serious emotional disturbance" means that term as defined

in section 100d of the mental health code, 1974 PA 258, MCL

330.1100d.

(i) "Serious mental illness" means that term as defined in

section 100d of the mental health code, 1974 PA 258, MCL 330.1100d.

(j) "Violent offender" means a juvenile who is adjudicated on

or has been, within the preceding 5 years, adjudicated on 1 or more

of the following offenses:

(i) First degree murder.

(ii) Second degree murder.

(iii) Criminal sexual conduct in the first, second, or third

degree.

(iv) Assault with intent to do great bodily harm less than

murder in violation of section 84 of the Michigan penal code, 1931

PA 328, MCL 750.84.

Sec. 1099c. (1) 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 juvenile mental health court does not alter or affect the law

or court rules concerning discharge or dismissal of an offense, or

adjudication. 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, a representative or representatives of

the community mental health services program, a representative of

the 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 Michigan domestic and sexual violence prevention

and treatment board.

(2) A court that has adopted a juvenile 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. A juvenile mental health

court may refuse to accept participants from other jurisdictions.

(3) A court that has adopted a juvenile mental health court

under this section shall comply with the 7 common characteristics

of a juvenile mental health court published by Policy Research

Associates, including all of the following:

(a) Regularly scheduled special docket.

(b) Less formal style of interaction among court officials and

participants.

substance use, and mental disorder.

(d) Team management of a participant's treatment and

supervision.

(e) System-wide accountability enforced by the juvenile mental

health court.

(f) Use of graduated incentives and sanctions.

(g) Defined criteria for program success.

(4) Beginning January 1, 2019, a juvenile 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 juvenile 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 juvenile mental health

court is required to begin or to continue the operation of a

juvenile mental health court under this chapter. The state court

administrative office shall not recognize and include a juvenile

mental health court that is not certified under this subsection on

the statewide official list of juvenile mental health courts. The

state court administrative office shall include a juvenile mental

health court certified under this subsection on the statewide

official list of juvenile mental health courts. A juvenile mental

health court that is not certified under this subsection shall not

perform any of the functions of a juvenile mental health court,

including, but not limited to, any of the following functions:

(a) Charging a fee under section 1099h.

(b) Discharging and dismissing a case as provided in section

1099k.

Sec. 1099d. A juvenile mental health court shall hire,

contract, or work in conjunction with mental health professionals,

in consultation with the local community mental health service

provider, and other such appropriate persons to assist the juvenile

mental health court in fulfilling its requirements under this

chapter.

Sec. 1099e. (1) Each juvenile mental health court shall

determine whether a juvenile may be admitted. No juvenile has a

right to be admitted into a juvenile mental health court. Admission

into a juvenile mental health court program is at the discretion of

the court based on the juvenile's legal and clinical eligibility. A

court has the discretion to consider a juvenile's prior

participation or completion status in a juvenile mental health

court. A juvenile may be admitted to juvenile mental health court,

regardless of prior participation or prior completion status.

However, a violent offender must not be admitted into juvenile

mental health court. A juvenile who has failed 2 or more times in

his or her participation in or completion of a juvenile mental

health court program may not be readmitted into juvenile mental

health court within 3 years of a prior adjudication.

(2) Admission to a juvenile mental health court does not

disqualify a juvenile for any other dispositional options available

under state law or court rule.

(3) To be admitted to a juvenile mental health court, a

juvenile shall cooperate with and complete a preadmission screening

and assessment and shall submit to any future assessment as

directed by the juvenile mental health court. A preadmission

screening and assessment must include all of the following:

(a) A review of the juvenile's delinquency 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 juvenile to submit a statement as to whether or

not he or she has previously been admitted to a juvenile 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

juvenile, others, and the community using standardized instruments

that have acceptable reliability and validity.

professional, for an evaluation of a serious emotional disturbance,

co-occurring disorder, or developmental disability.

(d) A review of the juvenile's family situation, special

needs, or circumstances that may potentially affect the juvenile's

ability to receive mental health or substance abuse treatment and

follow the court's orders, including input from family, caregivers,

or other collateral supports.

(4) Except as otherwise permitted in this chapter, any

statement or other information obtained as a result of

participating in a preadmission screening and 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 must not be used in any future juvenile delinquency proceeding.

(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 a juvenile criminal history for

the purposes of determining a juvenile's eligibility for admission

into the juvenile mental health court.

Sec. 1099f. (1) If the juvenile is alleged to have engaged in

activity that would constitute a criminal act if committed by an

adult, his or her admission to juvenile mental health court is

subject to all of the following conditions:

(a) The juvenile admits responsibility for the violation or

violations that he or she is accused of having committed.

(b) The parent, legal guardian, or legal custodian, and

juvenile are required to sign all documents for the juvenile's

admission in the juvenile mental health court, including a written

agreement to participate in the juvenile mental health court.

(2) Nothing in this chapter shall be construed to preclude a

court from providing mental health services to a juvenile before he

or she admits responsibility and is accepted into the juvenile

mental health court.

(3) A juvenile who has admitted responsibility, as part of his

or her referral process to a juvenile mental health court, and who

is subsequently not admitted to a juvenile mental health court may

withdraw his or her admission of responsibility.

(4) This section does not apply to status offenses.

Sec. 1099g. In addition to rights accorded a victim under the

William Van Regenmorter crime victim's rights act, 1985 PA 87, MCL

780.751 to 780.834, the juvenile mental health court shall permit

any victim of the offense or offenses for which the juvenile has

been petitioned to submit a written statement to the court

regarding the advisability of admitting the juvenile into the

juvenile mental health court.

Sec. 1099h. Upon admitting a juvenile into a juvenile mental

health court, all of the following apply:

(a) The court shall enter an adjudication upon acceptance of a

juvenile's admittance of responsibility to the offense.

(b) Unless a memorandum of understanding made pursuant to

section 1088 between a receiving juvenile mental health court and

the court of original jurisdiction provides otherwise, the original

court of jurisdiction maintains jurisdiction over the juvenile

mental health court participant as provided in this chapter until

final disposition of the case. The court may receive jurisdiction

over the juvenile's parents or guardians under section 6 of chapter

XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.6, in order

to assist in ensuring the juvenile's continued participation and

successful completion of the juvenile mental health court and may

issue and enforce any appropriate and necessary order regarding the

parent or guardian.

and his or her parent, legal guardian, or legal custodian admitted

into the court to pay a reasonable juvenile mental health court fee

that is reasonably related to the cost to the court for

administering the juvenile mental health court program as provided

in the memorandum of understanding. The juvenile mental health

court shall transmit the fees collected to the treasurer of the

local funding unit at the end of each month.

Sec. 1099i. (1) A juvenile mental health court shall provide a

juvenile mental health court participant with all of the following:

(a) Consistent and close monitoring of the juvenile's

treatment and recovery.

(b) If found necessary or appropriate, periodic and random

testing for the presence of any nonprescribed controlled substance

or alcohol as well as compliance with or effectiveness of

prescribed medication using to the extent practicable the best

available, accepted, and scientifically valid methods.

circumstances and progress in the program.

(d) A regimen or strategy of individualized and graduated but

immediate rewards for compliance and sanctions for noncompliance,

including, but not limited to, the possibility of detainment.

(e) Mental health services, substance use disorder services,

education, and vocational opportunities as appropriate and

practical.

(2) Upon a juvenile's completion of the required juvenile

mental health court program participation, an exit evaluation

should be conducted in order to assess the juvenile's continuing

need for mental health, developmental disability, or substance

abuse services.

(3) Any statement or other information obtained as a result of

participating in assessment, treatment, or testing while in a

juvenile mental health court is confidential and is exempt from

disclosure under the United States Constitution and state

constitution of 1963 and the freedom of information act, 1976 PA

442, MCL 15.231 to 15.246, and must not be used in a criminal

prosecution, unless it reveals criminal acts other than, or

inconsistent with, personal controlled substance use.

Sec. 1099j. (1) In order to continue to participate in and

successfully complete a juvenile mental health court program, a

juvenile shall comply with all court orders, violations of which

may be sanctioned at the court's discretion.

(2) If the juvenile is accused of a new offense, the judge has

the discretion to terminate the juvenile's participation in the

juvenile mental health court program. If the juvenile is

adjudicated on or convicted of 1 or more of the offenses listed

under section 1099b(j) that was committed after he or she was

admitted into the juvenile mental health court program, the

juvenile must be immediately discharged from the program as

unsuccessful.

(3) The court shall require that a juvenile pay all court

fines, costs, court fees, restitution, and assessments. However,

except as otherwise provided by law, if the court determines that

the payment of court fines, court fees, or drug or alcohol testing

expenses under this subsection would be a substantial hardship for

the juvenile and the juvenile's family or would interfere with the

juvenile's treatment, the court may waive all or part of those

court fines, court fees, or drug or alcohol testing expenses except

those required by statute.

(4) The responsible mental health provider shall notify the

court of a participant's formal objection to his or her written

individual plan of services developed under section 712(2) of the

mental health code, 1974 PA 258, MCL 330.1712. However, the court

is not obligated to take any action in response to a notice

received under this subsection.

Sec. 1099k. (1) Upon a participant's completion or termination

of the juvenile mental health court program, the court shall find

on the record or place a written statement in the court file

indicating whether the participant completed the program

successfully or whether the juvenile's participation in the program

was terminated and, if it was terminated, the reason for the

termination.

(2) The court, with the agreement of the prosecutor and in

conformity with the terms and conditions of the memorandum of

understanding under section 1099c, may discharge and dismiss the

proceedings.

(3) Except as provided in subsection (2), if a juvenile has

successfully completed probation or other court supervision, the

court shall do the following:

(a) If the court has not already disposed of the juvenile,

proceed to disposition pursuant to the agreement under which the

juvenile was admitted into juvenile mental health court.

(b) Send a record of adjudication of responsibility and

disposition to the department of state police and secretary of

state, as applicable.

(4) Except for program termination due to the commission of a

new offense, failure to complete a juvenile mental health court

program must not be a prejudicial factor in disposition. All

records of the proceedings regarding the participation of the

juvenile in the juvenile mental health court must remain closed to

public inspection and are exempt from public disclosure, including

disclosure under the freedom of information act, 1976 PA 442, MCL

15.231 to 15.246.

Sec. 1099l. (1) Each juvenile mental health court shall

collect and provide data on each individual applicant and

participant and the entire program as required by the state court

administrative office. The state court administrative office shall

provide appropriate training to all courts entering data, as

directed by the supreme court.

(2) Each juvenile mental health court shall maintain files or

databases on each individual participant in the program for review

and evaluation as well as treatment, as directed by the state court

administrative office. The information collected for evaluation

purposes must include a minimum standard data set developed and

specified by the state court administrative office.

(3) As directed by the supreme court, the state court

administrative office shall provide standards for juvenile mental

health courts in this state, including, but not limited to,

developing a list of approved measurement instruments and

indicators for data collection and evaluation. These standards must

provide comparability between programs and their outcomes.

(4) The information collected under this section regarding

individual applicants to juvenile mental health court programs for

the purpose of application to that program and participants who

have successfully completed juvenile mental health courts is exempt

from disclosure under the freedom of information act, 1976 PA 442,

MCL 15.231 to 15.246.

Sec. 1099m. (1) The supreme court is responsible for the

expenditure of state funds for the establishment and operation of

juvenile mental health courts.

(2) Each juvenile mental health court shall report quarterly

to the state court administrative office in a manner prescribed by

the state court administrative office on the state funds received

and expended by that juvenile mental health court.

(3) The state court administrative office may establish an

advisory committee. If established, this committee must be separate

from and independent of the state's drug treatment court advisory

committee.

(4) As directed by the supreme court, the state court

administrative office shall, in conjunction with the department of

health and human services, assure that training and technical

assistance are available and provided to all juvenile mental health

courts.

Enacting section 1. This amendatory act takes effect 90 days