SB 221 Michigan Senate · 2025-2026 Regular Session

Criminal procedure: mental capacity; outpatient treatment for misdemeanor offenders with mental health issues; provide for. Amends 1974 PA 258 (MCL 330.1001 - 330.2106) by adding sec. 1021 & ch. 10A. TIE BAR WITH: SB 219'25

Senate Bill 221 establishes a new process for individuals charged with misdemeanor offenses who have mental health issues. The bill allows for the diversion of these defendants into assisted outpatient treatment (AOT) if the prosecuting attorney, defendant, and defense counsel agree to an assessment and the defendant meets the AOT criteria. If a court orders AOT for up to 180 days, the misdemeanor charges remain pending but are dismissed after 90 days (or 180 days for serious misdemeanors). This diversion pathway provides an alternative to standard mental competency procedures for eligible misdemeanor offenders.
Bill status passed 3 of 5 stages cleared
Introduction
Apr 2025
Committee Review
May 2025
Senate Passage
May 2025
House Passage
Governor
Introduced Apr 17, 2025 Last action May 21, 2025
Maddy AI version diff · 1 comparison

What changed between versions

Senate Introduced Bill As Passed by the Senate · 6 edits · May 21, 2025
MODERATE
This bill amends Michigan's Mental Health Code to establish a new diversion program for misdemeanor defendants. It allows prosecutors, defendants, or defense counsel to request an assessment to determine if a defendant qualifies for assisted outpatient treatment instead of traditional criminal prosecution. The changes create a structured process for diversion, including assessment requirements, court procedures, and specific timelines for dismissing charges if treatment conditions are met.
Scope change
The bill expands the application of assisted outpatient treatment to include misdemeanor offenses, creating a new Chapter 10A specifically for misdemeanor diversion cases.
SCOPE

Added Chapter 10A to create a new diversion program specifically for misdemeanor defendants who may qualify for assisted outpatient treatment.

ELIGIBILITY

Established that prosecutors, defendants, or defense counsel can file motions to request assessments for diversion eligibility at the time of charging or before trial.

REQUIREMENT

Added requirement that non-psychiatrist health professionals must discuss findings and care plans with a psychiatrist during or immediately after examination.

Added requirement that misdemeanor charges remain pending until dismissed by the district court for purposes of enforcing release conditions.

TIMELINE

Set specific dismissal timelines: 90 days for regular misdemeanors and 180 days for serious misdemeanors after entry of assisted outpatient treatment order.

ENFORCEMENT

Clarified that compliance with treatment cannot be a condition of release and that noncompliance matters must be addressed through civil proceedings under section 475.

Floor votes · Senate May 21, 2025

How they voted

380
Passed
Total votes 38
May 21, 2025
D Democratic19
19 Yea
100% Yea
R Republican19
19 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
10
Key actions
3
Committee
5
May 21, 2025
Committee
referred to Committee on Health Policy
lower
May 21, 2025
Introduced
received on 05/21/2025
lower
May 21, 2025
Upper · Passed
PASSED ROLL CALL # 151 YEAS 37 NAYS 0 EXCUSED 0 NOT VOTING 0
upper
May 20, 2025
Upper · Passed
REPORTED BY COMMITTEE OF THE WHOLE FAVORABLY WITHOUT AMENDMENT(S)
upper
May 8, 2025
Committee
REFERRED TO COMMITTEE OF THE WHOLE
upper
May 8, 2025
Upper · Passed
REPORTED FAVORABLY WITHOUT AMENDMENT 5/7/2025
upper
Apr 17, 2025
Committee
REFERRED TO COMMITTEE ON HEALTH POLICY
upper
Apr 17, 2025
Introduced
INTRODUCED BY SENATOR SYLVIA SANTANA
upper
1 primary · 3 co-sponsors

Sponsors