(Source: MIRS.news, Published 12/04/2024) Before misdemeanor trials, some residents could be enrolled in mental illness treatment programs and possibly have charges dismissed, under jail diversion bills the Senate unanimously approved Wednesday.

Without opposition, the Michigan Senate passed SB 918, SB 917, SB 916 and SB 915. 

SB 915 allows law enforcement officers to take someone in for a psychiatric examination if they have "reasonable cause" to believe they need community mental health treatment. Currently, officers must personally witness signs of uncontrolled mental illness.

Proponents of SB 915, such as the Mental Health Association in Michigan (MHAM), say it will give officers "greater latitude" to follow guidance from loved ones and treatment providers who contact them flagging someone's behavior. 

Additionally, the bill permits psychiatric nurse practitioners to conduct examinations. 

During an Oct. 9 Senate Health Policy Committee hearing, MHAP President Marianne Huff said she frequently gets phone calls from family members seeking treatment for loved ones. But, in order to get treatment, according to their complaints, the person "has to be basically so incapacitated by symptoms" that they become potentially and unintentionally harmful, she explained. 

"When somebody has uncontrolled symptoms of those conditions, mainly psychosis or what we would call hyper-mania, there is a lack of the understanding of the need for treatment," Huff said. "Nobody should have to be so overcome by symptoms of a mental health condition that they could either harm themselves or someone else without meaning to or find themselves in the criminal justice system." 

SB 916 sets up a system where prosecuting attorneys, defendants or their counsel can make a motion subjecting someone to a mental health examination following misdemeanor charges. After a petition hearing – with petition filings based on the examination's findings – courts can place that person into an assisted outpatient treatment (AOT) program for up to 180 days. 

Although the bill states that conditions for release from the courts' oversight must be separate from complying with a treatment plan, it does provide that misdemeanor charges can be dismissed 90 days after the individual's AOT order. If they're charged with a "serious misdemeanor," the timeframe will be 180 days.

At the same time, the defendant can oppose being diverted from criminal prosecution and into AOT, choosing to remain in the criminal justice system. The prosecuting attorney would have the same influence if they object. 

"This allows for individuals to focus on their treatment without the immediate pressure of legal consequences, fostering an environment for recovery if they comply with the treatment," said Sen. Sylvia Santana (D-Detroit), the sponsor of SB 916, in December. "This bill represents a compassionate and more pragmatic approach to addressing mental health within our criminal justice system, by prioritizing treatment over punishment." 

Also in the legislation, care providers and family members have the opportunity to seek mediation before a petition is filed with a probate court that could result in involuntary treatment. 

According to backers of the reform, mediation requests require the person being flagged for mental illness to speak with a community mental health (CMH) provider early on, discussing treatment plans with their input. 

However, when a petition is filed, the individual will be examined in a hospital by a physician or licensed psychologist for no longer than 24 hours.