Bill Text: MI HB5807 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Courts; other; references to juveniles in mental health court in revised judicature act; remove to reflect creation of juvenile mental health court. Amends secs. 1088, 1091, 1093, 1094, 1095 & 1098 of 1961 PA 236 (MCL 600.1088 et seq.).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-12-31 - Assigned Pa 591'18 With Immediate Effect [HB5807 Detail]
Download: Michigan-2017-HB5807-Introduced.html
HOUSE BILL No. 5807
April 12, 2018, Introduced by Reps. Calley and LaGrand and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 1088, 1091, 1093, 1094, 1095, and 1098 (MCL
600.1088, 600.1091, 600.1093, 600.1094, 600.1095, and 600.1098),
section 1088 as added and section 1095 as amended by 2017 PA 161,
section 1091 as amended by 2017 PA 163, section 1093 as added by
2013 PA 274, section 1094 as added by 2013 PA 276, and section 1098
as added by 2013 PA 275.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1088. (1) Beginning January 1, 2018, a case may be
transferred totally from 1 court to another court for the
defendant's participation in a state-certified treatment court. A
total transfer may occur prior to or after adjudication, but must
not be consummated until the completion and execution of a
memorandum of understanding that must include, but need not be
limited to, all of the following:
(a) A detailed statement of how all funds assessed to
defendant will be accounted for, including, but not necessarily
limited to, the need for a receiving state-certified treatment
court to collect funds and remit them to the court of original
jurisdiction.
(b) A statement providing which court is responsible for
providing information to the department of state police, as
required under section 3 of 1925 PA 289, MCL 28.243, and forwarding
an abstract to the secretary of state for inclusion on the
defendant's driving record.
(c) A statement providing where jail sanctions or
incarceration sentences would be served, as applicable.
(d) A statement that the defendant has been determined
eligible by and will be accepted into the state-certified treatment
court upon transfer.
(e) The approval of all of the following:
(i) The chief judge and assigned judge of the receiving state-
certified treatment court and the court of original jurisdiction.
(ii) A prosecuting attorney from the receiving state-certified
treatment court and the court of original jurisdiction.
(iii) The defendant.
(2) As used in this section, "state-certified treatment court"
includes the treatment courts certified by the state court
administrative office as provided in section 1062, 1084, 1091,
1099c, or 1201.
Sec. 1091. (1) The circuit court or the district court in any
judicial circuit or a district court in any judicial district may
adopt or institute a mental health court pursuant to statute or
court rules. However, if the mental health court will include in
its program individuals who may be eligible for discharge and
dismissal of an offense, delayed sentence, or deviation from the
sentencing guidelines, the circuit or district court shall not
adopt or institute the mental health court unless the circuit or
district court enters into a memorandum of understanding with each
participating prosecuting attorney in the circuit or district court
district, a representative or representatives of the community
mental health services programs, a representative of the criminal
defense bar, and a representative or representatives of community
treatment providers. The memorandum of understanding also may
include other parties considered necessary, including, but not
limited to, a representative or representatives of the local court
funding unit or a domestic violence service provider program that
receives
funding from the state Michigan
domestic and sexual
violence prevention and treatment board. The memorandum of
understanding must describe the role of each party.
(2)
A family division of circuit court in any judicial circuit
may
adopt or institute a juvenile mental health court pursuant to
statute
or court rules. The creation or existence of a mental
health
court does not change the statutes or court rules concerning
discharge
or dismissal of an offense, or a delayed sentence or
deferred
entry of judgment. A family division of circuit court
adopting
or instituting a juvenile mental health court shall enter
into
a memorandum of understanding with all participating
prosecuting
authorities in the circuit or district court, a
representative
or representatives of the community mental health
services
program, a representative of the criminal defense bar
specializing
in juvenile law, and a representative or
representatives
of community treatment providers that describes the
roles
and responsibilities of each party to the memorandum of
understanding.
The memorandum of understanding also may include
other
parties considered necessary, including, but not limited to,
a
representative or representatives of the local court funding unit
or
a domestic violence service provider program that receives
funding
from the state domestic violence prevention and treatment
board.
The memorandum of understanding must describe the role of
each
party. A juvenile mental health court is subject to the same
procedures
and requirements provided in this chapter for a mental
health
court created under subsection (1), except as specifically
provided
otherwise in this chapter.
(2) (3)
A court that has adopted a mental
health court under
this section may accept participants from any other jurisdiction in
this state based upon the residence of the participant in the
receiving jurisdiction, the nonavailability of a mental health
court in the jurisdiction where the participant is charged, and the
availability of financial resources for both operations of the
mental health court program and treatment services. A mental health
court may refuse to accept participants from other jurisdictions.
(3) (4)
Beginning January 1, 2018, a mental
health court
operating in this state, or a circuit court in any judicial circuit
or the district court in any judicial district seeking to adopt or
institute a mental health court, must be certified by the state
court administrative office. The state court administrative office
shall establish the procedure for certification. Approval and
certification under this subsection of a mental health court is
required to begin or to continue the operation of a mental health
court under this chapter. The state court administrative office
shall not recognize and include a mental health court that is not
certified under this subsection on the statewide official list of
mental health courts. The state court administrative office shall
include a mental health court certified under this subsection on
the statewide official list of mental health courts. A mental
health court that is not certified under this subsection shall not
perform any of the functions of a mental health court, including,
but not limited to, any of the following functions:
(a) Charging a fee under section 1095.
(b) Discharging and dismissing a case as provided in section
1098.
(c) Receiving funding under section 1099a.
Sec. 1093. (1) Each mental health court shall determine
whether an individual may be admitted to the mental health court.
No individual has a right to be admitted into a mental health
court. Admission into a mental health court program is at the
discretion of the court based on the individual's legal or clinical
eligibility. An individual may be admitted to mental health court
regardless of prior participation or prior completion status.
However, in no case shall a violent offender be admitted into
mental health court.
(2) In addition to admission to a mental health court under
this chapter, an individual who is eligible for admission under
this chapter may also be admitted to a mental health court under
any of the following circumstances:
(a) The individual has been assigned the status of youthful
trainee under section 11 of chapter II of the code of criminal
procedure, 1927 PA 175, MCL 762.11.
(b) The individual has had criminal proceedings against him or
her deferred and has been placed on probation under any of the
following:
(i) Section 7411 of the public health code, 1978 PA 368, MCL
333.7411.
(ii) Section 4a of chapter IX of the code of criminal
procedure, 1927 PA 175, MCL 769.4a.
(iii) Section 350a or 430 of the Michigan penal code, 1931 PA
328, MCL 750.350a and 750.430.
(3) To be admitted to a mental health court, an individual
shall cooperate with and complete a preadmission screening and
evaluation assessment and shall submit to any future evaluation
assessment as directed by the mental health court. A preadmission
screening
and evaluation assessment shall must
include all of the
following:
(a) A review of the individual's criminal history. A review of
the law enforcement information network may be considered
sufficient for purposes of this subdivision unless a further review
is warranted. The court may accept other verifiable and reliable
information from the prosecution or defense to complete its review
and may require the individual to submit a statement as to whether
or not he or she has previously been admitted to a mental health
court and the results of his or her participation in the prior
program or programs.
(b) An assessment of the risk of danger or harm to the
individual, others, or the community.
(c) A mental health assessment, clinical in nature, and using
standardized instruments that have acceptable reliability and
validity, meeting diagnostic criteria for a serious mental illness,
serious emotional disturbance, co-occurring disorder, or
developmental disability.
(d) A review of any special needs or circumstances of the
individual that may potentially affect the individual's ability to
receive mental health or substance abuse treatment and follow the
court's orders.
(e)
For a juvenile, an assessment of the juvenile's family
situation,
including, to the extent practicable, a comparable
review
of any guardians or parents.
(4) Except as otherwise permitted in this chapter, any
statement or other information obtained as a result of
participating in a preadmission screening and evaluation assessment
under subsection (3) is confidential and is exempt from disclosure
under the freedom of information act, 1976 PA 442, MCL 15.231 to
15.246,
and shall must not be used in a criminal prosecution,
unless it reveals criminal acts other than, or inconsistent with,
personal drug use.
(5) The court may request that the department of state police
provide to the court information contained in the law enforcement
information network pertaining to an individual applicant's
criminal history for the purposes of determining an individual's
eligibility for admission into the mental health court and general
criminal history review.
Sec. 1094. (1) If the individual is charged in a criminal case
or,
in the case of a juvenile, is alleged to have engaged in
activity
that would constitute a criminal act if committed by an
adult,
his or her admission to mental
health court is subject to
all of the following conditions:
(a)
The individual , if an adult, pleads guilty, no contest,
or
be convicted of any criminal charge on the record. The
individual,
if a juvenile, admits responsibility for the violation
or
violations that he or she is accused of having committed.
(b) The individual waives, in writing, the right to a speedy
trial and, with the agreement of the prosecutor, the right to a
preliminary examination.
(c) The individual signs a written agreement to participate in
the
mental health court. If the individual is a juvenile or an
individual
who has been assigned a guardian, the parent or legal
guardian is required to sign all documents for the individual's
admission in the mental health court.
(2) Nothing in this chapter shall be construed to preclude a
court from providing mental health services to an individual before
he or she enters a plea and is accepted into the mental health
court.
(3) An individual who has waived his or her right to a
preliminary
examination, who has pled guilty or no contest or, in
the
case of a juvenile, has admitted responsibility, as part of his
or
her referral process to a mental health court, and who is
subsequently not admitted to a mental health court may withdraw his
or
her plea and is entitled to a preliminary examination. or,
in
the
case of a juvenile, may withdraw his or her admission of
responsibility.
(4) In addition to rights accorded a victim under the William
Van Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.751
to 780.834, the mental health court shall permit any victim of the
offense
or offenses of which the individual is charged or, in the
case
of a juvenile, any victim of the activity that the individual
is
alleged to have committed and that would constitute a criminal
act
if committed by an adult, as well
as any victim of a prior
offense
of which that individual was convicted or, in the case of a
juvenile,
a prior offense for which the individual has been found
responsible,
to submit a written statement to
the court regarding
the advisability of admitting the individual into the mental health
court.
Sec. 1095. (1) Upon admitting an individual into a mental
health court, all of the following apply:
(a) For an individual who is admitted to a mental health court
based upon having criminal charges currently filed against him or
her
and who has not already pled guilty or no contest or, in the
case
of a juvenile, has not admitted responsibility, the court
shall
accept the plea of guilty or no contest. or, in the case of a
juvenile,
the admission of responsibility.
(b)
For an individual who pled guilty or no contest to ,
or
admitted
responsibility for, criminal
charges for which he or she
was admitted into the mental health court, the court shall do
either of the following:
(i) In the case of an individual who pled guilty or no contest
to criminal offenses that are not traffic offenses and who may be
eligible for discharge and dismissal under the agreement for which
he or she was admitted into mental health court upon successful
completion of the mental health court program, the court shall not
enter
a judgment of guilt. or, in the case of a juvenile, shall not
enter
an adjudication of responsibility.
(ii) In the case of an individual who pled guilty to a traffic
offense or who pled guilty to an offense but may not be eligible
for discharge and dismissal pursuant to the agreement with the
court and prosecutor upon successful completion of the mental
health court program, the court shall enter a judgment of guilt.
or,
in the case of a juvenile, shall enter an adjudication of
responsibility.
(iii) Pursuant to the agreement with the individual and the
prosecutor, the court may either delay further proceedings as
provided in section 1 of chapter XI of the code of criminal
procedure, 1927 PA 175, MCL 771.1, or proceed to sentencing, as
applicable, and place the individual on probation or other court
supervision in the mental health court program with terms and
conditions according to the agreement and as considered necessary
by the court.
(2) Unless a memorandum of understanding made pursuant to
section 1088 between a receiving mental health court and the court
of original jurisdiction provides otherwise, the original court of
jurisdiction maintains jurisdiction over the mental health court
participant as provided in this chapter until final disposition of
the case, but not longer than the probation period fixed under
section 2 of chapter XI of the code of criminal procedure, 1927 PA
175,
MCL 771.2. In the case of a juvenile participant, the court
may
obtain jurisdiction over the juvenile's parents or guardians in
order
to assist in ensuring the juvenile's continued participation
and
successful completion of the mental health court and may issue
and
enforce any appropriate and necessary order regarding the
parent
or guardian.
(3) The mental health court may require an individual admitted
into the court to pay a reasonable mental health court fee that is
reasonably related to the cost to the court for administering the
mental health court program as provided in the memorandum of
understanding. The clerk of the mental health court shall transmit
the fees collected to the treasurer of the local funding unit at
the end of each month.
Sec. 1098. (1) Upon completion or termination of the mental
health court program, the court shall find on the record or place a
written statement in the court file indicating whether the
participant completed the program successfully or whether the
individual's participation in the program was terminated and, if it
was terminated, the reason for the termination.
(2) If an individual is participating in a mental health court
under section 11 of chapter II of the code of criminal procedure,
1927 PA 175, MCL 762.11, section 7411 of the public health code,
1978 PA 368, MCL 333.7411, section 4a of chapter IX of the code of
criminal procedure, 1927 PA 175, MCL 769.4a, or section 350a or 430
of the Michigan penal code, 1931 PA 328, MCL 750.350a and 750.430,
the court shall proceed under the applicable section of law. There
may only be 1 discharge or dismissal under this subsection.
(3) Except as provided in subsection (4), the court, with the
agreement of the prosecutor and in conformity with the terms and
conditions of the memorandum of understanding under section 1091,
may discharge and dismiss the proceedings against an individual who
meets all of the following criteria:
(a) The individual has participated in a mental health court
for the first time.
(b) The individual has successfully completed the terms and
conditions of the mental health court program.
(c) The individual is not required by law to be sentenced to a
correctional facility for the crimes to which he or she has pled
guilty.
(d) The individual has not previously been subject to more
than 1 of the following:
(i) Assignment to the status of youthful trainee under section
11 of chapter II of the code of criminal procedure, 1927 PA 175,
MCL 762.11.
(ii) The dismissal of criminal proceedings against the
individual under section 7411 of the public health code, 1978 PA
368, MCL 333.7411, section 4a of chapter IX of the code of criminal
procedure, 1927 PA 175, MCL 769.4a, or section 350a or 430 of the
Michigan penal code, 1931 PA 328, MCL 750.350a and 750.430.
(4) The court may order a discharge and dismissal of a
domestic violence offense only if all of the following
circumstances apply:
(a) The individual has not previously had proceedings
dismissed under section 4a of chapter IX of the code of criminal
procedure, 1927 PA 175, MCL 769.4a.
(b) The domestic violence offense is eligible to be dismissed
under section 4a of chapter IX of the code of criminal procedure,
1927 PA 175, MCL 769.4a.
(c) The individual fulfills the terms and conditions imposed
under section 4a of chapter IX of the code of criminal procedure,
1927 PA 175, MCL 769.4a, and the discharge and dismissal of
proceedings are processed and reported under section 4a of chapter
IX of the code of criminal procedure, 1927 PA 175, MCL 769.4a.
(5)
A discharge and dismissal under subsection (3) shall be is
without
adjudication of guilt or, for a juvenile, without
adjudication
of responsibility and are and
is not a conviction or a
finding
of responsibility for purposes of
this section or for
purposes of disqualifications or disabilities imposed by law upon
conviction
of a crime. or, for a juvenile, a finding of
responsibility.
There may only be 1 discharge and
dismissal under
subsection (3) for an individual. The court shall send a record of
the discharge and dismissal to the criminal justice information
center of the department of state police, and the department of
state police shall enter that information into the law enforcement
information network with an indication of participation by the
individual in a mental health court. All records of the proceedings
regarding the participation of the individual in the mental health
court under subsection (3) are closed to public inspection from the
date of deferral and are exempt from public disclosure under the
freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, but
shall
must be open to the courts of this state, another state,
or
the United States, the department of corrections, law enforcement
personnel, and prosecutors only for use in the performance of their
duties or to determine whether an employee of the court,
department, law enforcement agency, or prosecutor's office has
violated his or her conditions of employment or whether an
applicant meets criteria for employment with the court, department,
law enforcement agency, or prosecutor's office. The records and
identifications division of the department of state police shall
retain a nonpublic record of an arrest, court proceedings, and the
discharge and dismissal under this subsection.
(6) Except as provided in subsection (2), (3), or (4), if an
individual has successfully completed probation or other court
supervision, the court shall do the following:
(a) If the court has not already entered an adjudication of
guilt, or
responsibility, enter an adjudication of guilt. or,
in
the
case of a juvenile, enter a finding or adjudication of
responsibility.
(b) If the court has not already sentenced the individual,
proceed
to sentencing or, in the case of a juvenile, disposition
pursuant to the agreement under which the individual was admitted
into the mental health court.
(c)
Send a record of the conviction, and sentence, or the
finding
or adjudication of responsibility and
disposition to the
criminal justice information center of the department of state
police.
(7) For a participant whose participation is terminated or who
fails to successfully complete the mental health court program, the
court
shall enter an adjudication of guilt, or, in the case of a
juvenile,
a finding of responsibility, if the
entry of guilt or
adjudication
of responsibility was delayed or
deferred under
section
1094, and shall then proceed to sentencing or disposition
of the individual for the original charges to which the individual
pled
guilty or, in the case of a juvenile, to which the juvenile
admitted
responsibility prior to admission
to the mental health
court. Except for program termination due to the commission of a
new
crime, failure to complete a mental health court program shall
must not be a prejudicial factor in sentencing. All records of the
proceedings regarding the participation of the individual in the
mental
health court shall must remain closed to public inspection
and exempt from public disclosure as provided in subsection (5).
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 5806 (request no.
05303'18) of the 99th Legislature is enacted into law.
