MI HB4749

Allows prosecuting attorney or defense counsel to file a motion at any time before trial to refer a misdemeanor defendant to community mental health services program, which the court must grant.

Requires community mental health services program to evaluate defendant's needs and provide or connect defendant to appropriate mental health treatment in the community.

Mandates referral to community mental health services for defendants found incompetent to stand trial on misdemeanors punishable by 1 year or less in jail.

Allows prosecuting attorney to petition probate court to determine if incompetent defendant is a "person requiring treatment" using community mental health findings; criminal case must be dismissed if defendant is deemed incompetent.

If defendant is determined not to require treatment, community mental health services program shall connect defendant to appropriate mental health programming as deemed necessary.