Bill Text: MI HB4136 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Mental health; community mental health; jail diversion program for certain individuals with mental illness or disability; revise. Amends secs. 401 & 406 of 1974 PA 258 (MCL 330.1401 & 330.1406); adds secs. 207a, 207b, 207c, 207d, 207e & 207f & repeals sec. 207 of 1974 PA 258 (MCL 330.1207).

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2009-02-05 - Printed Bill Filed 02/05/2009 [HB4136 Detail]

Download: Michigan-2009-HB4136-Introduced.html

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HOUSE BILL No. 4136

 

February 4, 2009, Introduced by Reps. Constan and Polidori and referred to the Committee on Judiciary.

 

     A bill to amend 1974 PA 258, entitled

 

"Mental health code,"

 

by amending sections 401 and 406 (MCL 330.1401 and 330.1406),

 

section 401 as amended by 2004 PA 496 and section 406 as amended by

 

1995 PA 290, and by adding sections 207a, 207b, 207c, 207d, 207e,

 

and 207f; and to repeal acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 207a. As used in sections 207a to 207f:

 

     (a) "Jail diversion coordinator" means an individual

 

designated under section 207d to coordinate a jail diversion

 

program.

 

     (b) "Mental health court" means a court-supervised treatment

 

program for individuals with serious mental illness, serious

 

emotional disturbance, or developmental disability who have

 

allegedly committed a misdemeanor or nonviolent felony.

 

     (c) "Participant" means an individual eligible for and

 

participating in a prebooking or postbooking jail diversion or

 

mental health court program.

 

     (d) "Performance measures" means written, preestablished

 

objective indicators and outcome criteria that a jail diversion

 

program shall use to assess its effectiveness.

 

     (e) "Postbooking jail diversion" means a collaborative program

 

to divert individuals with serious mental illness, serious

 

emotional disturbance, or developmental disability who have been

 

arrested, clerically processed for formal admission to jail, or

 

incarcerated.

 

     (f) "Prebooking jail diversion" means a collaborative program

 

to divert individuals with serious mental illness, serious

 

emotional disturbance, or developmental disability who have

 

allegedly committed a misdemeanor or nonviolent felony from

 

criminal prosecution to the appropriate mental health services as

 

an alternative to being charged and incarcerated in a county jail

 

or municipal detention facility.

 

     (g) "Primary jail diversion stakeholders" means judges,

 

prosecutors, defense counsel, probation staff, court

 

administrators, jail administrators, jail medical and mental health

 

staff, pretrial services staff, community mental health treatment

 

providers, community substance abuse treatment providers, law

 

enforcement officials, family members of individuals with mental

 

illness, and guardians and conservators.

 

     (h) "Protective custody" means temporary custody of an

 

individual by a peace officer with or without the individual's

 

consent for the purpose of protecting that individual's health and

 

safety, or the health and safety of the public, and for the purpose

 

of transporting the individual if the individual appears, in the

 

judgment of the peace officer, to be a person requiring treatment.

 

Protective custody is civil in nature and is not an arrest.

 

     (i) "Protective environment" means a structural setting in

 

which psychotherapeutic services are provided on-site, to which

 

other medical services can be linked as necessary, and for which

 

entrance and egress by recipients of psychotherapeutic services and

 

visitors are controlled by the setting's staff.

 

     (j) "Secondary jail diversion stakeholders" means consumers,

 

crime victims and advocates, advocates for individuals with mental

 

illness, housing providers and housing shelters, emergency room

 

psychological and medical administrators, and adult protective

 

services staff.

 

     (k) "Successfully complete" means meeting written,

 

preestablished treatment compliance criteria developed by a jail

 

diversion program as a condition for a program participant's

 

avoidance of possible jail incarceration.

 

     Sec. 207b. (1) All primary jail diversion stakeholders, with

 

the exception of family members of individuals with mental illness

 

and guardians and conservators, shall enter into a binding

 

interagency agreement that effectuates the prebooking and

 

postbooking diversion of all eligible individuals from jail

 

incarceration.

 

     (2) The primary jail diversion stakeholders described in

 

subsection (1) shall confer with secondary jail diversion

 

stakeholders, family members of individuals with mental illness,

 

and guardians and conservators on jail diversion issues including,

 

but not limited to, ensuring the success of the jail diversion

 

programs and the protection of consumer rights during the jail

 

diversion process and ensuring that individuals who are eligible

 

for jail diversion are diverted.

 

     Sec. 207c. (1) Each primary jail diversion stakeholder shall

 

have a prebooking and postbooking jail diversion program in place.

 

     (2) The prebooking program shall target individuals who are

 

suspected of having committed a crime by local, county, or state

 

law enforcement and who are placed in protective custody and

 

transported to the crisis emergency service of the community mental

 

health services program for immediate placement in the appropriate

 

treatment program. Prebooking services include, but are not limited

 

to, all of the following:

 

     (a) Crisis stabilization and crisis residential care.

 

     (b) Hospitalization.

 

     (c) Housing.

 

     (d) Medical attention.

 

     (e) Various services provided by the community mental health

 

services program.

 

     (f) Other natural supports, including family and friends.

 

     (3) The postbooking program shall target individuals who have

 

been arrested, clerically processed for formal admission to jail,

 

or incarceration. Points at which postbooking services may be made

 

available include, but are not limited to, all of the following:

 

     (a) At or immediately after booking into jail, before formal

 

charges are filed.

 

     (b) Upon release from pretrial detention with the condition of

 

participation in treatment.

 

     (c) Before disposition, including, but not limited to, upon

 

the prosecutor's offer of deferred prosecution.

 

     (d) At disposition or sentencing that may include deferred

 

sentencing or release on probation with conditions that include

 

participation in treatment.

 

     (e) When at risk of, or following, a violation of probation

 

related to a prior conviction.

 

     (4) Working collaboratively, primary jail diversion

 

stakeholders except family members of individuals with mental

 

illness, guardians, and conservators shall divert individuals with

 

serious mental illness, serious emotional disturbance, or

 

developmental disability brought to the community mental health

 

services program or assessing agency from criminal prosecution or

 

jail incarceration and into a treatment program according to the

 

provisions of section 206 with special focus on providing both of

 

the following:

 

     (a) A comprehensive array of mental health services,

 

regardless of the individual's ability to pay.

 

     (b) A 24-hour, 7-day a week crisis emergency service that is

 

prepared to respond to individuals experiencing acute emotional,

 

behavioral, or social dysfunction, and provide an inpatient or

 

other protective environment for treatment.

 

     (5) If a law enforcement officer contacts the crisis emergency

 

service for purposes of delivering an individual in protective

 

custody for assessment and possible diversion from criminal

 

prosecution and jail incarceration, and the crisis emergency

 

service is not able to accommodate an individual in need of

 

service, a full report as to why the crisis emergency service was

 

not able to accommodate the individual in need of service shall be

 

made and delivered within 48 hours to the director of the community

 

mental health services program and to the governor, and to all

 

members of the legislature within 6 months. Each primary jail

 

diversion stakeholder except family members of individuals with

 

mental illness, guardians, and conservators may be subject to a 1%

 

penalty for each lapse of crisis emergency services at the

 

discretion of the department director.

 

     (6) All individuals are eligible for diversion from criminal

 

prosecution and possible incarceration, unless the individual has

 

allegedly committed a crime of violence.

 

     Sec. 207d. (1) Each community mental health services program

 

shall hire or designate an individual to serve as the jail

 

diversion coordinator. The jail diversion coordinator has the

 

following responsibilities:

 

     (a) Collaborating with local jail diversion stakeholders to

 

ensure that all eligible individuals participate in the jail

 

diversion program.

 

     (b) Ensuring that all material data records are maintained and

 

recorded for quarterly and annual review. Material data includes,

 

but is not limited to, the following:

 

     (i) The number of individuals who come into contact with law

 

enforcement agencies or the community mental health services

 

program or crisis emergency service exhibiting signs of serious

 

mental illness, serious emotional disturbance, or developmental

 

disability.

 

     (ii) The number of individuals diagnosed with a serious mental

 

illness, serious emotional disturbance, or developmental

 

disability.

 

     (iii) The number of individuals diagnosed with a serious mental

 

illness, serious emotional disturbance, or developmental disability

 

and a coexisting substance abuse disorder.

 

     (iv) The number of individuals diagnosed with a substance abuse

 

disorder only.

 

     (v) The number of individuals assessed to have no serious

 

mental illness, serious emotional disorder, or developmental

 

disability.

 

     (vi) The number of individuals who participate in the jail

 

diversion program.

 

     (vii) The number of individuals who successfully complete the

 

jail diversion program.

 

     (viii) The recidivism rate of individuals who have participated

 

in a jail diversion program.

 

     (c) In collaboration with the director of the community mental

 

health services program and local and county law enforcement

 

agencies, putting in place performance measures.

 

     (d) Devising and implementing a system for review of all

 

eligible jail inmates for potential participation in the jail

 

diversion program.

 

     (2) The community mental health services program director

 

shall review and pursue all local, county, state, and national

 

potential sources of funding for the position of jail diversion

 

coordinator. If a current employee is designated as jail diversion

 

coordinator, his or her other job duties may not occupy more than

 

50% of his or her time.

 

     Sec. 207e. Each community mental health services program shall

 

submit an annual report to the governor and the legislature on the

 

progress of jail diversion programs, including number of

 

individuals successfully diverted from criminal prosecution and

 

incarceration.

 

     Sec. 207f. Each jail diversion program participant shall sign

 

a written contract with the local law enforcement agency and

 

community mental health services program that outlines the duties

 

and obligations of all parties to the jail diversion program. A

 

jail diversion program participant must comply with the terms of

 

the treatment plan developed in conjunction with the mental health

 

professional provided by the community mental health services

 

program. Failure on the part of the community mental health

 

services program to comply with the terms of the contract provides

 

the jail diversion program participant a right to pursue a

 

complaint through the office of recipient rights as set forth in

 

chapter 7. Failure on the part of the jail diversion program

 

participant to comply with all terms of the contract may result in

 

expulsion from the jail diversion program at the discretion of

 

local law enforcement, the courts, and the jail diversion

 

coordinator. The jail diversion coordinator shall develop and

 

implement a system of graduated sanctions and incentives to compel

 

the jail diversion program participant's successful participation

 

in treatment.

 

     Sec. 401. (1) As used in this chapter, "person requiring

 

treatment" means (a), (b), (c), or (d):

 

     (a) An individual who has mental illness, and who as a result

 

of that mental illness can reasonably be expected within the near

 

future to intentionally or unintentionally seriously physically

 

injure himself, herself, or another individual, and who has engaged

 

in an act or acts or made significant threats that are

 

substantially supportive of the expectation lacks the capacity to

 

make informed decisions about his or her mental illness and

 

treatment for that mental illness.

 

     (b) An individual who has mental illness, and who as a result

 

of that mental illness is unable to attend to those of his or her

 

basic physical needs such as food, clothing, or shelter that must

 

be attended to in order for the individual to avoid serious harm in

 

the near future, and who has demonstrated that inability by failing

 

to attend to those basic physical needs.

 

     (c) An individual who has mental illness, whose judgment is so

 

impaired that he or she is unable to understand his or her need for

 

treatment and whose continued behavior as the result of this mental

 

illness can reasonably be expected, on the basis of competent

 

clinical opinion, to result in significant physical harm to

 

himself, herself, or others. This individual shall receive

 

involuntary mental health treatment initially only under the

 

provisions of sections 434 through 438.

 

     (d) An individual who has mental illness, whose understanding

 

of the need for treatment is impaired to the point that he or she

 

is unlikely to participate in treatment voluntarily, who is

 

currently noncompliant with treatment that has been recommended by

 

a mental health , professional and that has been determined to be

 

necessary to prevent a relapse or harmful deterioration of his or

 

her condition and whose noncompliance with treatment has been a

 

factor in the individual's placement in a psychiatric hospital,

 

prison, or jail at least 2 times within the last 48 months or whose

 

noncompliance with treatment has been a factor in the individual's

 

committing 1 or more acts, attempts, or threats of serious violent

 

behavior within the last 48 months. An individual under this

 

subdivision is only eligible to receive assisted outpatient

 

treatment under section 433 or 469a.

 

     (2) An individual whose mental processes have been weakened or

 

impaired by a dementia, an individual with a primary diagnosis of

 

epilepsy, or an individual with alcoholism or other drug dependence

 

is not a person requiring treatment under this chapter unless the

 

individual also meets the criteria specified in subsection (1). An

 

individual described in this subsection may be hospitalized under

 

the informal or formal voluntary hospitalization provisions of this

 

chapter if he or she is considered clinically suitable for

 

hospitalization by the hospital director.

 

     Sec. 406. If an individual asserted to be a person requiring

 

treatment is considered by a hospital to be suitable for informal

 

or formal voluntary hospitalization appropriate mental health

 

services, the hospital mental health professional shall offer the

 

individual or his or her guardian the opportunity to request or

 

make application for hospitalization as an informal or formal

 

voluntary patient that treatment. If the individual is voluntarily

 

hospitalized, the hospital director shall inform the court, and the

 

court shall dismiss any pending proceeding for admission unless it

 

finds that dismissal would not be in the best interest of the

 

individual or the public.

 

     Enacting section 1. Section 207 of the mental health code,

 

1974 PA 258, MCL 330.1207, is repealed.

 

     Enacting section 2. This amendatory act takes effect January

 

1, 2011.