February 14, 2007, Introduced by Senators BRATER, WHITMER, JACOBS, THOMAS, SCOTT, ANDERSON, SCHAUER, CLARKE, GLEASON, BASHAM, HUNTER, OLSHOVE, CHERRY and SWITALSKI and referred to the Committee on Judiciary.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
(MCL 760.1 to 777.69) by adding section 85 to chapter VII.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER VII
Sec. 85. (1) Upon the motion of a party or upon the court's
own motion, the court may conduct a hearing to determine whether an
individual charged with committing a crime desires or requires
treatment or has previously been treated or applied for treatment
or services for a mental illness, emotional disturbance, mental
disability, or mental retardation and whether the interests of the
public and the individual would be best served by requiring the
individual to obtain treatment for the mental illness, emotional
disturbance, developmental disability, or mental retardation. In
making the determination under this subsection, the court shall
consider all of the following:
(a) The nature and seriousness of the crime allegedly
committed.
(b) The individual's prior criminal record.
(c) The individual's prior mental health record.
(d) The likelihood that the individual would benefit from
mental health treatment or services.
(e) Other information considered relevant by the court.
(2) The court shall inform the individual and his or her
attorney that the individual may refuse to participate in a program
of treatment offered under this section and instead allow the
criminal proceeding to proceed.
(3) Unless the individual informs the court that he or she
does not wish to participate in a mental health treatment program
as provided in subsection (1), the court shall present to the
individual a diversion contract to be signed by the individual and
the court. By signing the diversion contract, the individual agrees
for the term of the diversion period to abide by the terms of any
court order entered with respect to his or her case, to remain in
substantial compliance with any course of treatment recommended or
ordered under an order of the court, and not to violate any
criminal law or ordinance of the United States, this state, or a
political subdivision of this state. By signing the diversion
contract, the court agrees to stay further adjudication of the
underlying criminal charge and to dismiss the charge at the
conclusion of the period of diversion if the individual abides by
the terms of the diversion contract.
(4) If a diversion contract has been signed under subsection
(3), the court shall stay the criminal case for not more than 1
year.
(5) If the court is informed at any time during the
diversionary period that the individual has not abided by the terms
of the diversion contract, the court may rescind the diversion
contract and renew adjudication of the criminal case. If the court
chooses not to rescind the diversion contract, the contract remains
in effect and is binding on all of the parties.
(6) If the court rescinds the diversion contract during the
period of diversion under subsection (5), the court shall provide a
written notice of the rescission to the individual and his or her
attorney and to the prosecuting attorney.
(7) At the conclusion of the diversion period, the court shall
comply with the terms of the diversion contract.
(8) Statements made by a defendant to a psychiatrist,
psychologist, or other mental health professional who conducts an
examination of an individual under this section are not admissible
during any subsequent criminal proceeding involving the alleged
criminal conduct on any issue other than the individual's mental
illness, insanity, or diminished capacity at the time of the
alleged offense.
(9) An individual who has a mental illness, emotional
disturbance, developmental disability, or mental retardation shall
not be held in a jail or other place of criminal detention as an
alternative to mental health treatment unless he or she is being
held in protective custody as defined in section 100c of the mental
health code, 1974 PA 258, MCL 330.1100c.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 200
of the 94th Legislature is enacted into law.