MI HB5938

Creates a new diversion program allowing courts to conduct hearings to determine if individuals charged with crimes have mental illness, emotional disturbance, developmental disability, or mental retardation and would benefit from treatment instead of criminal prosecution.

Requires courts to consider the nature and seriousness of the alleged crime, prior criminal record, prior mental health record, likelihood of benefiting from treatment, and other relevant information when deciding whether to offer diversion.

Allows individuals to refuse participation in the diversion program and proceed with criminal adjudication; those who accept must sign a diversion contract agreeing to comply with court orders and treatment recommendations.

Provides that the court will stay criminal charges for up to one year while the individual participates in the diversion program and must dismiss charges upon successful completion if the individual abides by the contract terms.

Protects statements made during mental health examinations from being used as evidence in subsequent criminal proceedings except regarding issues of insanity or diminished capacity; prohibits jailing individuals with mental disabilities as an alternative to mental health treatment except for protective custody.