This bill amends the Michigan Mental Health Code by introducing new provisions for individuals charged with misdemeanor offenses who may be eligible for assisted outpatient treatment. Specifically, it establishes that sections 1022 to 1044 do not apply to these individuals if they are diverted to assisted outpatient treatment under the newly added Chapter 10A. The bill outlines the process for assessing whether a defendant qualifies for this diversion, including the roles of the prosecuting attorney, the defendant, and defense counsel in initiating a motion for assessment by a qualified health professional. If the assessment indicates eligibility, a petition for assisted outpatient treatment must be filed, and the court will determine the outcome based on the presence or absence of objections.

Additionally, the bill stipulates that if a defendant is ordered into assisted outpatient treatment, the misdemeanor charges will remain pending but must be dismissed after a specified period if the treatment is completed successfully. The conditions of release for defendants receiving treatment are to be separate from compliance with the treatment plan, and any noncompliance issues will be addressed in civil proceedings. The bill also includes provisions for notifying relevant courts upon the termination of assisted outpatient treatment. Overall, this legislation aims to provide a structured approach to diverting eligible misdemeanor offenders into mental health treatment rather than traditional criminal prosecution.

Statutes affected:
House Introduced Bill: 330.1001, 330.2106