Legislative Analysis
Phone: (517) 373-8080
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:
House Introduced Bill: 600.1074
As Passed by the House: 600.1074
As Passed by the Senate: 600.1074
House Concurred Bill: 600.1074
Public Act: 600.1074
House Enrolled Bill: 600.1074