The bill amends the Michigan Mental Health Code by introducing new provisions that allow individuals charged with misdemeanor offenses to be diverted to assisted outpatient treatment. Specifically, it adds Section 1021, which states that certain sections of the code do not apply to individuals who are diverted to this treatment. Chapter 10A outlines the process for assessing whether a defendant qualifies for assisted outpatient treatment, including the roles of the prosecuting attorney, defendant, and defense counsel in initiating a motion for assessment by a qualified health professional. If the assessment determines eligibility, a petition for treatment is filed, and the court may order treatment for up to 180 days.

Additionally, the bill establishes that misdemeanor charges against defendants receiving assisted outpatient treatment will remain pending until dismissed by the district court, with specific conditions for release that are separate from compliance with the treatment plan. It also stipulates timelines for the dismissal of charges following the treatment order, with a distinction made for serious misdemeanors. The bill emphasizes that noncompliance with the treatment plan will be addressed in civil proceedings rather than affecting the criminal charges directly. Overall, the legislation aims to provide a structured approach to diverting individuals with mental health needs from the traditional criminal justice system into treatment.

Statutes affected:
House Introduced Bill: 330.1001, 330.2106