Michigan Laws 600.1096 – Services provided by mental health court; exit evaluation; confidentiality of information obtained from assessment, treatment, or testing
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Terms Used In Michigan Laws 600.1096
- 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 600.1090Participant: means an individual who is admitted into a mental health court. See Michigan Laws 600.1090 Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(1) A mental health court shall provide a mental health court participant with all of the following:
(a) Consistent and close monitoring of the participant and interaction among the court, treatment providers, probation, and the participant.
(b) If determined by the mental health court to be necessary or appropriate, periodic and random testing for the presence of any nonprescribed controlled substance or alcohol in a participant’s blood, urine, or breath, using to the extent practicable the best available, accepted, and scientifically valid methods.
(c) Periodic evaluation assessments of the participant’s circumstances and progress in the program.
(d) A regimen or strategy of appropriate and graduated but immediate rewards for compliance and sanctions for noncompliance, including, but not limited to, the possibility of incarceration or confinement.
(e) Mental health services, substance use disorder services, education, and vocational opportunities as appropriate and practicable.
(2) Upon an individual’s completion of the required mental health court program participation, an exit evaluation should be conducted in order to assess the individual’s continuing need for mental health, developmental disability, or substance abuse services.
(3) Any statement or other information obtained as a result of participating in assessment, treatment, or testing while in a mental health court is confidential and is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, and shall not be used in a criminal prosecution, unless it reveals criminal acts other than, or inconsistent with, personal controlled substance use.