The bill amends the Revised Judicature Act of 1961, specifically section 1093, to clarify the criteria for admission into mental health courts in Michigan. It establishes that admission is at the discretion of the court and is not a right of the individual. The bill specifies that violent offenders cannot be admitted without consent from the mental health court judge and the prosecuting attorney, in consultation with any known victim. Additionally, individuals currently charged with or convicted of serious crimes, such as first-degree murder or criminal sexual conduct, are explicitly prohibited from entering mental health court.

Furthermore, the bill outlines additional circumstances under which individuals may be admitted to mental health court, including those assigned as youthful trainees or those with deferred criminal proceedings. It mandates that individuals must complete a preadmission screening and evaluation assessment, which includes a review of their criminal history and mental health assessments. The bill also emphasizes the confidentiality of information obtained during the assessment process and allows the court to request criminal history information from the Department of State Police to determine eligibility for admission. The enactment of this bill is contingent upon the passage of two other specified bills in the legislature.

Statutes affected:
House Introduced Bill: 600.1093