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
What changed between versions
Added Chapter 10A to create a new diversion program specifically for misdemeanor defendants who may qualify for assisted outpatient treatment.
Established that prosecutors, defendants, or defense counsel can file motions to request assessments for diversion eligibility at the time of charging or before trial.
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.
Set specific dismissal timelines: 90 days for regular misdemeanors and 180 days for serious misdemeanors after entry of assisted outpatient treatment order.
Clarified that compliance with treatment cannot be a condition of release and that noncompliance matters must be addressed through civil proceedings under section 475.