Bill Text: MI SB0172 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Criminal procedure; other; diversion from jail for certain individuals under certain circumstances; amend code of criminal procedure to allow. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding sec. 85 to ch. VII. TIE BAR WITH: SB 0171'09

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2009-02-03 - Referred To Committee On Judiciary [SB0172 Detail]

Download: Michigan-2009-SB0172-Introduced.html

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SENATE BILL No. 172

 

January 29, 2009, Introduced by Senators BRATER, ANDERSON, SWITALSKI, PRUSI, THOMAS, SCOTT, CLARKE and JACOBS and referred to the Committee on Judiciary.

 

 

     A bill to amend 1927 PA 175, entitled

 

"The code of criminal procedure,"

 

(MCL 760.1 to 777.69) by adding section 85 to chapter VII.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

CHAPTER VII

 

     Sec. 85. (1) Upon the motion of a party or upon the court's

 

own motion, the court may conduct a hearing to determine whether an

 

individual charged with committing a crime desires or requires

 

treatment or has previously been treated or applied for treatment

 

or services for a mental illness, emotional disturbance,

 

developmental disability, or mental retardation and whether the

 

interests of the public and the individual would be best served by

 

requiring the individual to obtain treatment for the mental

 

illness, emotional disturbance, developmental disability, or mental

 

retardation. In making the determination under this subsection, the

 

court shall consider all of the following:

 

     (a) The nature and seriousness of the crime allegedly

 

committed.

 

     (b) The individual's prior criminal record.

 

     (c) The individual's prior mental health record.

 

     (d) The likelihood that the individual would benefit from

 

mental health treatment or services.

 

     (e) Other information considered relevant by the court.

 

     (2) The court shall inform the individual and his or her

 

attorney that the individual may refuse to participate in a program

 

of treatment offered under this section and instead allow the

 

criminal proceeding to proceed.

 

     (3) Unless the individual informs the court that he or she

 

does not wish to participate in a mental health treatment program

 

as provided in subsection (1), the court shall present to the

 

individual a diversion contract to be signed by the individual and

 

the court. By signing the diversion contract, the individual agrees

 

for the term of the diversion period to abide by the terms of any

 

court order entered with respect to his or her case, to remain in

 

substantial compliance with any course of treatment recommended or

 

ordered under an order of the court, and not to violate any

 

criminal law or ordinance of the United States, this state, or a

 

political subdivision of this state. By signing the diversion

 

contract, the court agrees to stay further adjudication of the

 

underlying criminal charge and to dismiss the charge at the

 

conclusion of the period of diversion if the individual abides by

 

the terms of the diversion contract.

 

     (4) If a diversion contract has been signed under subsection

 

(3), the court shall stay the criminal case for not more than 1

 

year.

 

     (5) If the court is informed at any time during the

 

diversionary period that the individual has not abided by the terms

 

of the diversion contract, the court may rescind the diversion

 

contract and renew adjudication of the criminal case. If the court

 

chooses not to rescind the diversion contract, the contract remains

 

in effect and is binding on all of the parties.

 

     (6) If the court rescinds the diversion contract during the

 

period of diversion under subsection (5), the court shall provide a

 

written notice of the rescission to the individual and his or her

 

attorney and to the prosecuting attorney.

 

     (7) At the conclusion of the diversion period, the court shall

 

comply with the terms of the diversion contract.

 

     (8) Statements made by a defendant to a psychiatrist,

 

psychologist, or other mental health professional who conducts an

 

examination of an individual under this section are not admissible

 

during any subsequent criminal proceeding involving the alleged

 

criminal conduct on any issue other than the individual's mental

 

illness, insanity, or diminished capacity at the time of the

 

alleged offense.

 

     (9) An individual who has a mental illness, emotional

 

disturbance, developmental disability, or mental retardation shall

 

not be held in a jail or other place of criminal detention as an

 

alternative to mental health treatment unless he or she is being

 

held in protective custody as defined in section 100c of the mental

 

health code, 1974 PA 258, MCL 330.1100c.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No. 171                                    

 

            of the 95th Legislature is enacted into law.