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MI HB5593

Bill

Status

Introduced

12/1/2021

Primary Sponsor

Julie Calley

Click for details

Origin

House of Representatives

101st Legislature

AI Summary

  • Allows prosecuting attorney or defense counsel to file a motion at any time before trial to refer a person charged with a misdemeanor to community mental health services for evaluation, which the court must grant.

  • Requires community mental health services program to evaluate the person's needs and connect them to appropriate mental health programming for necessary treatment in the community.

  • If a person is deemed incompetent to stand trial on a misdemeanor punishable by 1 year in jail or less, they must be referred to community mental health services and the prosecuting attorney may petition probate court for a determination of whether they are a "person requiring treatment."

  • Dismisses the criminal case if the person is determined incompetent under this section.

  • If the person is determined not to require treatment by probate court or community mental health services, the mental health program must still connect them to appropriate mental health programming deemed necessary.

Legislative Description

Criminal procedure: mental capacity; community mental health oversight of competency exams for defendants charged with misdemeanors; provide for. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding sec. 20b to ch. VIII.

Criminal procedure: mental capacity

Last Action

Bill Electronically Reproduced 12/01/2021

12/2/2021

Committee Referrals

Health Policy12/1/2021

Full Bill Text

No bill text available