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MI SB0916
Bill
AI Summary
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Allows prosecuting attorney, defendant, or defense counsel to request assessment by a physician, psychologist, or qualified health professional to determine if a misdemeanor defendant qualifies for diversion to assisted outpatient treatment instead of criminal prosecution.
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Requires petition to be filed in district or probate court if defendant meets criteria for assisted outpatient treatment; either party may object at hearing, which would result in dismissal of the petition and continuation of normal criminal procedures.
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Establishes 180-day maximum period for assisted outpatient treatment orders, with community treatment programs having sole discretion over assessment, treatment planning, and discharge decisions.
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Requires misdemeanor charges to remain pending but be dismissed after 90 days (or 180 days for serious misdemeanors) following entry of the assisted outpatient treatment order, with separate conditions of release that do not include treatment compliance.
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Takes effect only if Senate Bill No. 915 of the 102nd Legislature is enacted into law.
Legislative Description
Criminal procedure: mental capacity; outpatient treatment for misdemeanor offenders with mental health issues; provide for. Amends sec. 461 of 1974 PA 258 (MCL 330.1461) & adds sec. 1021 & ch. 10A. TIE BAR WITH: SB 0915'24
Mental health: other
Last Action
Placed On Second Reading
12/11/2024