Bill Summary – FastDemocracy

Legislative Analysis
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SPECIALTY TREATMENT COURTS
                                                                                 http://www.house.mi.gov/hfa
House Bill 4523 (H-1) as reported from committee                                 Analysis available at
Sponsor: Rep. Kara Hope                                                          http://www.legislature.mi.gov
House Bill 4524 as reported from committee
Sponsor: Rep. Joey Andrews
House Bill 4525 (H-1) as reported from committee
Sponsor: Rep. Graham Filler
Committee: Judiciary
Complete to 9-3-23
SUMMARY:
           House Bills 4523 and 4525 would amend the Revised Judicature Act to allow a violent offender
           to participate in a mental health court or drug treatment court, respectively, with the consent of
           the judge and prosecutor (in consultation with any known victim). However, an individual
           currently charged with or who has pled guilty to first degree murder or criminal sexual conduct
           in the first degree could not be admitted to a mental health court or drug treatment court. House
           Bill 4524 would amend the same act to allow participation in a drug treatment court to continue
           after a participant is convicted of a new felony offense under certain conditions.
           House Bill 4523 would amend Chapter 10B (Mental Health Court) of the Revised Judicature
           Act, which currently prohibits a violent offender from being admitted into a mental health
           court under any circumstances. The bill instead would prohibit a violent offender from being
           admitted into mental health court unless the mental health court judge and the prosecuting
           attorney, in consultation with any known victim in the instant case, consent. However, an
           individual who is currently charged with or who has pled guilty to first degree murder 1 or
           criminal sexual conduct in the first degree 2 could not be admitted to a mental health court.
                   For purposes of Chapter 10B, violent offender means an individual who is currently
                   charged with, or has been convicted of, an offense involving the death of, or a serious
                   bodily injury to, any individual, whether or not any of these circumstances are an
                   element of the offense, or with criminal sexual conduct in any degree.
           MCL 600.1093
           House Bill 4525 would amend Chapter 10A (Drug Treatment Courts) of the Revised Judicature
           Act, which currently provides that a violent offender is not eligible to be admitted into a drug
           treatment court and requires the court, before an individual is admitted into a drug treatment
           court, to find on the record that the individual is not a violent offender or place a statement to
           that effect in the court file.
1
    See http://legislature.mi.gov/doc.aspx?mcl-750-316
2
    See http://legislature.mi.gov/doc.aspx?mcl-750-520b
House Fiscal Agency                                                                               Page 1 of 3
               For purposes of Chapter 10A, violent offender means an individual who is currently
               charged with or has pled guilty to (or, if the individual is a juvenile, is currently alleged
               to have committed or has admitted responsibility for) an offense involving the death of
               or serious bodily injury to any individual, whether or not any of the circumstances are
               an element of the offense, or an offense that is criminal sexual conduct of any degree.
       The bill would eliminate the provision that states that an individual who is a violent offender
       is not eligible for admission into a drug treatment court.
       Under the bill, before an individual is admitted into a drug treatment court, the court would
       have to find one of the following on the record (or place a statement in the court file):
          • That the offender is not a violent offender.
          • That the drug treatment court judge and the prosecuting attorney, in consultation with
               any known victim in the instant case, consent to the violent offender’s being admitted
               to the drug treatment court.
       The court also would have to find on the record, or place a statement in the file, that the
       individual is not charged with and has not pled guilty to (or, if a juvenile, is not currently
       alleged to have committed and has not admitted responsibility to) first degree murder or
       criminal sexual conduct in the first degree.
       MCL 600.1064 and 600.1066
       House Bill 4524 also would amend Chapter 10A (Drug Treatment Courts) of the Revised
       Judicature Act, which now provides that if a drug court participant is convicted of a felony for
       an offense that occurred after the defendant is admitted to drug treatment court, the judge must
       terminate the participant’s participation in the program. The bill would instead provide that the
       participant’s participation must be terminated unless, after consultation with the treatment team
       and the agreement of the prosecuting attorney, the judge decides to continue the participant in
       the program.
        MCL 600.1074
        Each bill each would take effect 90 days after its enactment.
BACKGROUND:
        House Bills 4523 and 4524 are reintroductions of HBs 5483 and 5484 of the 2021-22 legislative
        session, and House Bill 4525 is a reintroduction of provisions contained in HBs 5482 and 5868
        of that session. House Bills 5482, 5483, and 5484 received a hearing in the House Judiciary
        committee. House Bill 5868 was a companion bill to HB 5482 to align an additional section of
        the Revised Judicature Act with the provisions of that bill, but did not receive a hearing.
FISCAL IMPACT:
        The bills would have an indeterminate fiscal impact on the state and on local units having
        courts that administer drug and mental health treatment programs. Under the bills, violent
        offenders would be allowed to participate in drug treatment courts or mental health courts if
House Fiscal Agency                           HBs 4523 (H-1), 4524, and 4525 (H-1) as reported   Page 2 of 3
       judges, prosecuting attorneys, and victims agree to their participation. The fiscal impact would
       depend on the extent to which provisions of the bills increase drug treatment court or mental
       health court caseloads. As of December 1, 2022, there were 137 drug treatment and 42 mental
       health courts operating in the state. Local court funding units and the State Court
       Administrative Office provide funding for the planning and operation of the courts. Grant
       funding appropriated by the state in the FY 2023 budget totaled $12.7 million for drug
       treatment courts and $5.7 million for mental health courts.
POSITIONS:
       A representative of the Michigan Association of Treatment Court Professionals testified in
       support of the bills. (5-17-23)
        The following entities indicated support for the bills:
           • State Court Administrative Office (SCAO) (5-17-23)
           • State Bar of Michigan (6-7-23)
           • Prosecuting Attorneys Association of Michigan (6-7-23)
           • Criminal Defense Attorneys of Michigan (5-17-23)
           • Mental Health Association of Michigan (6-7-23)
           • Michigan Association of Counties (6-7-23)
       The Michigan Domestic and Sexual Violence Prevention and Treatment Board indicated
       opposition to HBs 4523 and 4525. (5-17-23)
                                                           Legislative Analyst: Rick Yuille
                                                                Fiscal Analyst: Robin Risko
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their
deliberations and does not constitute an official statement of legislative intent.
House Fiscal Agency                          HBs 4523 (H-1), 4524, and 4525 (H-1) as reported   Page 3 of 3
Statutes affected: 
Substitute (H-1): 600.1064, 600.1066
Substitute (H-2): 600.1064, 600.1066
Substitute (S-1): 600.1064, 600.1066
House Introduced Bill: 600.1064, 600.1066
As Passed by the House: 600.1064, 600.1066
As Passed by the Senate: 600.1064, 600.1066
House Concurred Bill: 600.1064, 600.1066
Public Act: 600.1064, 600.1066
House Enrolled Bill: 600.1064, 600.1066