HB-5539, As Passed House, May 24, 2018
February 8, 2018, Introduced by Reps. LaSata, Hoadley, Pagan, Kesto, Iden, Griffin, Kahle and Alexander and referred to the Committee on Law and Justice.
A bill to amend 2013 PA 183, entitled
"Student safety act,"
by amending section 3 (MCL 752.913).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3. (1) The department, in consultation with the
department
of state police, the department of community health and
human services, and the department of education shall, to the
extent that funds are appropriated for the purpose, establish a
program for receiving reports and other information from the public
regarding potential self-harm and potential harm or criminal acts,
including, but not limited to, sexual abuse, assault, or rape,
directed at school students, school employees, or schools in this
state. The department shall establish the program within the
guidelines of this act. The department shall have access to the
information needed to meet the reporting requirements of section 8.
(2)
The program described in subsection (1) shall must include
a hotline for receiving reports and information described in
subsection
(1). The hotline shall must
be available for use 24
hours a day, 365 days a year. The department may provide
promotional information regarding the program on its departmental
website.
(3) Prior to operation of the hotline, the department of
technology, management, and budget shall issue a request for
proposals to enter into a contract for operation of the hotline.
The
department of technology, management, and budget shall have has
sole authority over the request for proposals process and the
decision over which entity is awarded the contract. This subsection
does not prohibit the department of state police from submitting a
proposal.
Any contract shall must require the vendor to be bound by
the requirements of this act, including its confidentiality
provisions. Beginning on the date that the hotline established
under this act is operational, all calls received by any existing
state-run
school violence hotline in operation prior to before the
establishment
of this act shall must be directed to the hotline
established under this act. Any existing state-run school violence
hotline
in operation prior to the effective date of this act shall
before December 13, 2013, must be disconnected within 6 months
after the hotline established under this act is operational.
(4)
The department shall be is
responsible for the continued
operational and administrative oversight of the program. The
program
shall must provide for a means to review all information
submitted through the hotline and to direct those reports and that
information, including any analysis of the potential threat as
determined appropriate by the department or a vendor under contract
with the department to local law enforcement officials and school
officials.
The program shall must include a means by which
responses at the local level are determined and evaluated for
effectiveness. The department shall ensure that appropriate
training is provided to program personnel in all of the following
areas:
(a) Crisis management, including recognizing mental illness
and emotional disturbance.
(b) The resources that are available in the community for
providing mental health treatment and other human services.
(c) Other matters determined by the department to be relevant
to the administration and operation of the program.
(5) A report or other information submitted to the hotline is
considered
to be a report to a law enforcement agency and shall
must
be maintained as a record by the vendor
described in section
3(3)
subsection (3) for at least 1 year, subject to the
confidentiality requirements of this act.
(6) The department shall ensure that any hotline information
that suggests that a psychiatric emergency is taking place within a
county is immediately referred to the community mental health
services program psychiatric crisis line for that county.
(7) The department shall develop a source of information on
available community mental health resources and contacts, including
mental health services. The department shall notify schools and law
enforcement
of this information source. The notice shall must
include the departmental recommendation that school and law
enforcement, upon investigating a case and determining that mental
illness or emotional disturbance is or may be involved, utilize
this information in aiding subjects and their parents or guardians.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.