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MI SB0221
Bill
AI Summary
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Creates a new diversion program allowing defendants charged with misdemeanor offenses to be assessed for assisted outpatient mental health treatment instead of traditional criminal prosecution
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Allows the prosecuting attorney, defendant, or defense counsel to request a mental health assessment by a physician, psychologist, or qualified health professional at any time before trial
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Requires both parties' agreement for diversion; if either the prosecutor or defendant objects at any stage, standard competency proceedings under Chapter 10 apply instead
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Orders assisted outpatient treatment for up to 180 days, with misdemeanor charges dismissed after 90 days (or 180 days for serious misdemeanors) following entry of the treatment order
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Establishes that noncompliance with treatment is handled through civil proceedings, not criminal enforcement, and treatment compliance cannot be a condition of release on bond
Legislative Description
Criminal procedure: mental capacity; outpatient treatment for misdemeanor offenders with mental health issues; provide for. Amends 1974 PA 258 (MCL 330.1001 - 330.2106) by adding sec. 1021 & ch. 10A. TIE BAR WITH: SB 219'25
Mental health: other
Last Action
Referred To Committee On Health Policy
5/21/2025