This bill amends the Michigan Mental Health Code by adding new sections that establish a framework for diverting individuals charged with misdemeanor offenses into assisted outpatient treatment. Specifically, it states that individuals charged with misdemeanors can be assessed for eligibility for this treatment at any point before trial, and if deemed appropriate, a petition for treatment can be filed. The bill outlines the roles of the prosecuting attorney, the defendant, and their counsel in this process, including the ability to oppose motions for diversion. If the treatment is ordered, it can last for up to 180 days, and the misdemeanor charges will remain pending until dismissed by the district court.

Additionally, the bill specifies that compliance with the treatment plan is not a condition of release, and any issues of noncompliance will be handled in civil proceedings. It also establishes timelines for the dismissal of misdemeanor charges following the entry of an assisted outpatient treatment order, with different timeframes for serious misdemeanors. Upon termination of the treatment, the provider is required to notify relevant legal authorities. This legislative change aims to provide a more supportive approach to individuals with mental health issues who are involved in the criminal justice system.

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