The bill amends the Mental Health Code to introduce provisions for individuals charged with misdemeanor offenses who may be diverted to assisted outpatient treatment. Specifically, it establishes that sections 1022 to 1044 do not apply to these individuals if they are diverted to treatment under the newly added Chapter 10A. The bill outlines the process for assessing whether a defendant qualifies for this diversion, allowing motions for assessment to be brought by the prosecuting attorney, the defendant, or defense counsel. If a defendant meets the criteria for assisted outpatient treatment, a petition must be filed, and the court will determine the appropriate course of action.

Additionally, the bill stipulates that if a defendant is ordered into assisted outpatient treatment, the misdemeanor charges will remain pending until dismissed by the district court. The conditions of release for defendants receiving treatment must be separate from compliance with the treatment plan, and noncompliance issues will be addressed in civil proceedings. The bill also specifies timelines for the dismissal of misdemeanor charges based on the type of misdemeanor and requires notification of the termination of treatment to relevant courts.

Statutes affected:
Senate Introduced Bill: 330.1001, 330.2106
As Passed by the Senate: 330.1001, 330.2106