Michigan Laws 600.1093 – Admission to mental health court
Current as of: 2023 | Check for updates
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Terms Used In Michigan Laws 600.1093
- Co-occurring disorder: means having 1 or more disorders relating to the use of alcohol or other controlled substances of abuse as well as any serious mental illness, serious emotional disturbance, or developmental disability. See Michigan Laws 600.1090
- Developmental disability: means that term as defined in section 100a of the mental health code, 1974 PA 258, MCL 330. See Michigan Laws 600.1090
- Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
- Mental health court: means any of the following:
(i) A court-supervised treatment program for individuals who are diagnosed by a mental health professional with having a serious mental illness, serious emotional disturbance, co-occurring disorder, or developmental disability. See Michigan Laws 600.1090Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. Serious emotional disturbance: means that term as defined in section 100d of the mental health code, 1974 PA 258, MCL 330. See Michigan Laws 600.1090 Serious mental illness: means that term as defined in section 100d of the mental health code, 1974 PA 258, MCL 330. See Michigan Laws 600.1090 state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o Violent offender: means an individual who is currently charged with, or has been convicted of, an offense involving the death of, or a serious bodily injury to, any individual, whether or not any of these circumstances are an element of the offense, or with criminal sexual conduct in any degree. See Michigan Laws 600.1090
(1) Each mental health court shall determine whether an individual may be admitted to the mental health court. No individual has a right to be admitted into a mental health court. Admission into a mental health court program is at the discretion of the court based on the individual’s legal or clinical eligibility. An individual may be admitted to mental health court regardless of prior participation or prior completion status. However, in no case shall a violent offender be admitted into mental health court.
(2) In addition to admission to a mental health court under this chapter, an individual who is eligible for admission under this chapter may also be admitted to a mental health court under any of the following circumstances:
(a) The individual has been assigned the status of youthful trainee under section 11 of chapter II of the code of criminal procedure, 1927 PA 175, MCL 762.11.
(b) The individual has had criminal proceedings against him or her deferred and has been placed on probation under any of the following:
(i) Section 7411 of the public health code, 1978 PA 368, MCL 333.7411.
(ii) Section 4a of chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.4a.
(iii) Section 350a or 430 of the Michigan penal code, 1931 PA 328, MCL 750.350a and 750.430.
(3) To be admitted to a mental health court, an individual shall cooperate with and complete a preadmission screening and evaluation assessment and shall submit to any future evaluation assessment as directed by the mental health court. A preadmission screening and evaluation assessment must include all of the following:
(a) A review of the individual’s criminal history. A review of the law enforcement information network may be considered sufficient for purposes of this subdivision unless a further review is warranted. The court may accept other verifiable and reliable information from the prosecution or defense to complete its review and may require the individual to submit a statement as to whether or not he or she has previously been admitted to a mental health court and the results of his or her participation in the prior program or programs.
(b) An assessment of the risk of danger or harm to the individual, others, or the community.
(c) A mental health assessment, clinical in nature, and using standardized instruments that have acceptable reliability and validity, meeting diagnostic criteria for a serious mental illness, serious emotional disturbance, co-occurring disorder, or developmental disability.
(d) A review of any special needs or circumstances of the individual that may potentially affect the individual’s ability to receive mental health or substance abuse treatment and follow the court’s orders.
(4) Except as otherwise permitted in this chapter, any statement or other information obtained as a result of participating in a preadmission screening and evaluation assessment under subsection (3) is confidential and is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, and must not be used in a criminal prosecution, unless it reveals criminal acts other than, or inconsistent with, personal drug use.
(5) The court may request that the department of state police provide to the court information contained in the law enforcement information network pertaining to an individual applicant’s criminal history for the purposes of determining an individual’s eligibility for admission into the mental health court and general criminal history review.