10.23 Mental Health Courts and Juvenile Mental Health Courts1
In addition to possible eligibility for admission to a drug treatment court, an individual who is charged with a controlled substance offense may be eligible for admission to a mental health court or a juvenile mental health court if he or she is not a violent offender.2 See MCL 600.1093(1); MCL 600.1094(1); MCL 600.1099e(1); MCL 600.1099f(1). “Unless the mental health court judge and the prosecuting attorney, in consultation with any known victim in the instant case, consent, a violent offender must not be admitted into mental health court.” MCL 600.1093(1). “An individual must not be admitted to a mental health court if either of the following applies:
(a) The individual is currently charged with first degree murder in violation of . . . MCL 750.316, criminal sexual conduct in the first, second, or third degree in violation of . . . MCL 750.520b, [MCL] 750.520c, and [MCL] 750.520d, or child sexually abusive activity in violation of . . . MCL 750.145c.
(b) The individual has been convicted of first degree murder in violation of . . . MCL 750.316, or criminal sexual conduct in the first degree in violation of . . . MCL 750.520b.” MCL 600.1093(1).
Further, an individual who has had criminal proceedings deferred and who is on probation under MCL 333.7411 (possession or use of specified controlled substances) may be eligible for admission to a mental health court. MCL 600.1093(2)(b)(i).3
A mental health court is required to provide a participant with several services as set out in MCL 600.1096(1), including mental health and substance use disorder services, MCL 600.1096(1)(e), and a regimen of immediate rewards for compliance and sanctions for noncompliance, MCL 600.1096(1)(d). Juvenile mental health courts operate similarly to adult mental health courts. See Chapter 10C of the Revised Judicature Act, MCL 600.1099b et seq.
1 For more information on mental health courts, see the Michigan Judicial Institute’s Criminal Proceedings Benchbook, Vol. 2, Chapter 9; for more information on juvenile mental health courts, see the Michigan Judicial Institute’s Juvenile Justice Benchbook, Chapter 1.
2 Note that there are four distinct definitions of violent offender depending on whether the term is used in the context of a drug treatment court, veterans treatment court, mental health court, or juvenile mental health court.
3 MCL 600.1093(2)(b) specifies other situations in which a defendant may be eligible for admission. However, they are outside the scope of this benchbook.