May 01, 2024, Introduced by Reps. Young, Dievendorf, Brenda Carter, Rheingans, Andrews, Hope, McKinney, O'Neal, Hood, McFall, Glanville, Pohutsky and Paiz and referred to the Committee on Criminal Justice.

A bill to amend 1953 PA 232, entitled

"Corrections code of 1953,"

by amending section 67 (MCL 791.267), as amended by 2012 PA 24, and by adding sections 34e, 67c, and 67d.

the people of the state of michigan enact:

Sec. 34e. (1) Subject to this section, the department shall create a prerelease mental health discharge plan for each incarcerated individual who is receiving mental health services or mental health prescription medication before the individual is released on parole. The department may seek consultative assistance from the department of health and human services in creating a plan under this subsection.

(2) A plan developed under subsection (1) must include all of the following regarding the incarcerated individual:

(a) A mental health assessment that includes the use of the following assessment tools:

(i) Patient Health Questionnaire-9.

(ii) Generalized Anxiety Disorder 7-Item Scale.

(iii) Patient Health Questionnaire-2.

(iv) Opioid Risk Tool.

(b) Identification of risk factors related to transportation, housing, and family stress.

(c) An appointment scheduled after release with a mental health professional who is capable of providing, in a culturally sensitive manner, postrelease mental health prescription medication and other mental or behavioral health services, including, but not limited to, family counseling and family reunification services, if applicable.

(d) If the incarcerated individual is receiving mental health prescription medication at the time of discharge planning, steps that will provide the individual access to the mental health prescription medication between the individual's release and the appointment described under subdivision (c).

(e) An assessment of whether the incarcerated individual is eligible upon release for enrollment in Medicaid or Medicare under state or federal regulations governing eligibility and enrollment. If the incarcerated individual is eligible, the individual must be provided with information on enrollment.

(f) Goals and activities that address the needs and barriers identified under subdivisions (a) to (e).

(g) A list of care team members that will support the incarcerated individual as the individual transitions out of the correctional facility, including community health or social program providers.

(h) Input from the incarcerated individual and a communication plan for the duration of parole.

Sec. 67. (1) Quarters for temporary confinement apart from those of regular inmates shall must be provided for convicted prisoners incarcerated individuals upon commitment at each of the state correctional facilities, which the director shall designate as a reception center. Within Subject to this subsection, not more than 60 days after the arrival of a convicted prisoner incarcerated individual at a state correctional facility, the classification committee shall make and complete a comprehensive study of the prisoner, incarcerated individual, including physical and psychiatric examinations, to ensure that the prisoner incarcerated individual is confined in the state correctional facility suited to the type of rehabilitation required in his or her the incarcerated individual's case. The psychiatric examination required under this subsection must be completed not more than 7 days after the arrival of the incarcerated individual and must include an assessment for a significant diagnosis. The psychiatric examination must be performed in a culturally sensitive manner. The warden of the state correctional facility shall deliver a report of the study of the classification committee to the deputy director of the correctional facilities administration, who shall, within 5 days after receipt of the report, execute an order to confine the prisoner incarcerated individual in the state correctional facility determined as suitable by the deputy director.

(2) Immediately upon arrival at a reception center designated under subsection (1), each incoming prisoner shall incarcerated individual must undergo a test for HIV or an antibody to HIV. This subsection does not apply if an incoming prisoner incarcerated individual has been tested for HIV or an antibody to HIV under section 5129 of the public health code, 1978 PA 368, MCL 333.5129, within the 3 months immediately preceding the date of the prisoner's incarcerated individual's arrival at the reception center, as indicated by the record transferred to the department by the court under that section.

(3) If a prisoner an incarcerated individual receives a positive test result and is subsequently subject to discipline by the department for sexual misconduct that could transmit HIV, illegal intravenous use of controlled substances, or assaultive or predatory behavior that could transmit HIV, the department shall house that prisoner incarcerated individual in administrative segregation, an inpatient health care unit, or a unit separate from the general prisoner population, as determined by the department.

(4) The department shall report each positive test result to the department of community health and human services, in compliance with section 5114 of the public health code, 1978 PA 368, MCL 333.5114.

(5) If an employee of the department sustains a percutaneous, mucous membrane, or open wound exposure to the blood or body fluid of a prisoner, an incarcerated individual, the employee may, and the department shall, proceed under section 67b.

(6) Upon the request of an employee of the department, the department shall provide or arrange for a test for HIV or an antibody to HIV for that employee, free of charge.

(7) Upon the request of an employee of the department, the department shall provide to that employee the equipment necessary to implement universal precautions to prevent transmission of HIV infection.

(8) A prisoner An incarcerated individual who receives a positive HIV test result shall may not work in a health facility operated by the department.

(9) The department shall conduct a seroprevalence study of the prisoners incarcerated individuals in all state correctional facilities to determine the percentage of prisoners who are HIV infected.

(10) The results of a test for HIV or an antibody to HIV conducted under this section shall must be disclosed by the department under section 67b.

(11) The deputy director of the correctional facilities administration shall take steps to ensure that all prisoners incarcerated individuals who receive HIV testing receive counseling regarding AIDS including, at a minimum, treatment, transmission, and protective measures.

(12) The department, in conjunction with the department of community health and human services, shall develop and implement a comprehensive AIDS education program designed specifically for correctional environments. The program shall must be conducted by the bureau within the department responsible for health care, for staff and for prisoners incarcerated individuals at each state correctional facility.

(13) As used in this section and section 67c:

(a) "AIDS" means acquired immunodeficiency syndrome.

(b) "HIV" means human immunodeficiency virus.

(c) "Positive test result" means a double positive enzyme-linked immunosorbent assay test, combined with a positive western blot assay test, or a positive test under an HIV test that is considered reliable by the federal centers for disease control and Centers for Disease Control and Prevention and is approved by the department of community health and human services.

(d) "Post-traumatic prison disorder" means the diagnosis of post-traumatic stress disorder in the Diagnostic and Statistical Manual of Mental Disorders, fifth edition, published by the American Psychiatric Association, including, but not limited to, resulting from an incarcerated individual's exposure to a stressful event that occurred in a correctional facility.

(e) "Significant diagnosis" means post-traumatic prison disorder, anxiety, depression, bipolar, phobia, schizophrenia, substance abuse and addiction disorder, learning and educational disability, suicidal tendency, and any other medically recognized mental or behavioral health disorder.

Sec. 67c. (1) Beginning 6 months after the psychiatric examination under section 67, the department shall screen an incarcerated individual for a significant diagnosis not less than every 6 months that the individual is incarcerated.

(2) If the psychiatric examination under section 67 or the screening under subsection (1) demonstrate that an incarcerated individual has a significant diagnosis, the department shall provide that individual with medically appropriate and culturally sensitive treatment and services that meet the needs of the individual. The treatment and services offered under this subsection may include, but are not limited to, all of the following:

(a) Therapeutic programs, including, but not limited to, art therapy, animal-assisted therapy, hypnotherapy, music therapy, and trauma-focused cognitive therapy.

(b) Family counseling and individual counseling.

(c) Learning programs for learning disabilities, if applicable.

(d) Group therapy.

(e) Medication, if applicable.

(3) The department may contract with vendors to provide the treatment and services described under subsection (2). A vendor described under this subsection must meet the requirements under subsection (4).

(4) In providing treatment and services under this section, a vendor must utilize experienced and culturally sensitive therapists, psychiatrists, psychologists, social workers, individuals from grassroots organizations, and nurses who have experience working with patients experiencing trauma.

(5) Not later than April 1, 2026, and annually thereafter, the department shall submit a report of the following information to the standing committees of the senate and of the house of representatives that consider matters pertaining to criminal justice and to appropriations for the department of corrections:

(a) The number of incarcerated individuals receiving treatment or services under this section.

(b) The number of incarcerated individuals provided with an educational program under section 33.

(c) The number of incarcerated individuals who do not have a high school diploma or a high school equivalency certificate and are not provided an educational program under section 33 at the time of the report.

Sec. 67d. (1) The department shall train each of the department's employees on all of the following topics:

(a) Basic competencies in responding to mental health crises or trauma, including, but not limited to, de-escalation techniques.

(b) Information on how employee interactions affect the mental health of an incarcerated individual.

(c) Techniques for minimizing the chances of retraumatizing individuals who have a history of trauma.

(d) Skills to recognize a potential suicide and prevent the suicide.

(e) Interacting with incarcerated individuals in a culturally sensitive manner.

(2) As used in this section, "employee" means an individual who is employed by or under contract to the department.