HOUSE BILL NO. 6541

December 18, 2020, Introduced by Reps. Aiyash, Gay-Dagnogo, Brenda Carter and Garza and referred to the Committee on Judiciary.

A bill to amend 1953 PA 232, entitled

"Corrections code of 1953,"

(MCL 791.201 to 791.285) by adding section 64a.

the people of the state of michigan enact:

Sec. 64a. (1) As used in this section and section 64b:

(a) "Correctional facility" includes a state correctional facility operated by the department, a state youth correctional facility operated by the department, and a correctional facility operated by a private entity authorized under the laws of this state to receive and to house prisoners.

(b) "Disability" means a determinable physical or mental characteristic of an individual, which may result from disease, injury, congenital condition of birth, or functional disorder.

(c) "Level IV" means the security classification of level IV.

(d) "Level V" means the security classification of level V.

(e) "Medical provider" means an individual licensed or otherwise authorized to engage in the practice of medicine or the practice of osteopathic medicine and surgery under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 18838; an individual licensed as a registered professional nurse under part 172 of the public health code, 1978 PA 368, MCL 333.17201 to 333.17242, who has been issued a specialty certification as a nurse practitioner by the Michigan board of nursing under section 17210 of the public health code, 1978 PA 368, MCL 333.17210; or a physician's assistant.

(f) "Member of a vulnerable population" means a prisoner who meets 1 or more of the following:

(i) Is 21 years of age or younger.

(ii) Is 65 years of age or older.

(iii) Has a disability based on a mental illness.

(iv) Has a history of psychiatric hospitalization.

(v) Has recently exhibited conduct, including, but not limited to, serious self-mutilation, indicating the need for further observation or evaluation to determine the presence of mental illness.

(vi) Has a developmental disability, as that term is defined in section 100a of the mental health code, 1974 PA 258, MCL 330.1100a.

(vii) Has a serious medical condition that cannot be effectively treated in segregation.

(viii) Is pregnant, is in the postpartum period, or has recently suffered a miscarriage or terminated a pregnancy.

(ix) Has a significant auditory or visual impairment.

(x) Is perceived to be lesbian, gay, bisexual, transgender, or intersex.

(g) "Mental illness" means that term as defined in section 400 of the mental health code, 1974 PA 258, MCL 330.1400.

(h) "Physician's assistant" means an individual who is licensed as a physician's assistant under part 170 or part 175 of the public health code, 1978 PA 368, MCL 333.17001 to 333.17097 and 333.17501 to 333.17556.

(i) "Qualified mental health professional" means either of the following:

(i) A physician, psychologist, psychiatrist, registered professional nurse licensed or otherwise authorized to engage in the practice of nursing, or licensed master's social worker, who is a mental health professional as that term is defined in section 100b of the mental health code, 1974 PA 258, MCL 330.1100b.

(ii) A physician's assistant who has training and experience in the areas of mental illness or mental disabilities.

(j) "Safe spa