MI HB5807

Allows cases to be transferred between courts for defendants' participation in state-certified treatment courts, effective January 1, 2018, with required memorandum of understanding covering fund accounting, record responsibilities, incarceration location, and approval from judges, prosecutors, and defendant.

Requires mental health courts to be certified by the state court administrative office beginning January 1, 2018, and establishes that uncertified courts cannot charge fees, dismiss cases, or receive state funding.

Establishes admission criteria for mental health courts including completion of preadmission screening and evaluation, prohibition on admitting violent offenders, and assessment of criminal history, danger risk, and mental health status using standardized instruments.

Permits discharge and dismissal of charges upon successful program completion for first-time participants who are not required by law to serve correctional time, with records closed to public inspection and marked in law enforcement database to indicate mental health court participation.

Requires courts to enter adjudication of guilt and proceed to sentencing for participants who fail to complete the program or whose participation is terminated, except program failure cannot be a prejudicial sentencing factor unless due to new criminal activity.