February 20, 2014, Introduced by Senators WARREN, CASWELL, HOPGOOD, MARLEAU, BOOHER, ROBERTSON, SCHUITMAKER, CASPERSON, ROCCA, ANDERSON, COLBECK, JANSEN, JONES, WHITMER, ANANICH, HANSEN, NOFS, EMMONS, PAPPAGEORGE, BIEDA, HILDENBRAND, KOWALL, MOOLENAAR and JOHNSON and referred to the Committee on Health Policy.
A bill to amend 1974 PA 258, entitled
"Mental health code,"
by amending sections 100b, 134a, 504, 515, 932, 1001a, 1003, 1003a,
1003b, 1003c, 1004, 1005d, and 1006 (MCL 330.1100b, 330.1134a,
330.1504, 330.1515, 330.1932, 330.2001a, 330.2003, 330.2003a,
330.2003b, 330.2003c, 330.2004, 330.2005d, and 330.2006), section
100b as amended by 2012 PA 500, section 134a as amended by 2010 PA
293, section 515 as amended by 1995 PA 290, sections 1001a, 1003a,
1003b, 1004, 1005d, and 1006 as amended and section 1003c as added
by 1993 PA 252, and section 1003 as amended by 2007 PA 112.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 100b. (1) "Facility" means a residential facility for the
care or treatment of individuals with serious mental illness,
serious emotional disturbance, or developmental disability that is
either a state facility or a licensed facility.
(2) "Family" as used in sections 156 to 161 means an eligible
minor and his or her parent or legal guardian.
(3) "Family member" means a parent, stepparent, spouse,
sibling, child, or grandparent of a primary consumer, or an
individual upon whom a primary consumer is dependent for at least
50% of his or her financial support.
(4) "Federal funds" means funds received from the federal
government under a categorical grant or similar program and does
not include federal funds received under a revenue sharing
arrangement.
(5) "Functional impairment" means both of the following:
(a) With regard to serious emotional disturbance, substantial
interference with or limitation of a minor's achievement or
maintenance of 1 or more developmentally appropriate social,
behavioral, cognitive, communicative, or adaptive skills.
(b) With regard to serious mental illness, substantial
interference or limitation of role functioning in 1 or more major
life activities including basic living skills such as eating,
bathing, and dressing; instrumental living skills such as
maintaining a household, managing money, getting around the
community, and taking prescribed medication; and functioning in
social, vocational, and educational contexts.
(6) "Guardian" means a person appointed by the court to
exercise specific powers over an individual who is a minor, legally
incapacitated, or developmentally disabled.
(7) "Hospital" or "psychiatric hospital" means an inpatient
program operated by the department for the treatment of individuals
with serious mental illness or serious emotional disturbance or a
psychiatric hospital or psychiatric unit licensed under section
137.
(8) "Hospital director" means the chief administrative officer
of a hospital or his or her designee.
(9) "Hospitalization" or "hospitalize" means to provide
treatment for an individual as an inpatient in a hospital.
(10) "Incapacitated" means that an individual, as a result of
the use of alcohol, is unconscious or has his or her mental or
physical functioning so impaired that he or she either poses an
immediate and substantial danger to his or her own health and
safety or is endangering the health and safety of the public.
(11) "Individual plan of services" or "plan of services" means
a written individual plan of services developed with a recipient as
required by section 712.
(12) "Intellectual disability" means a condition manifesting
before the age of 18 years that is characterized by significantly
subaverage intellectual functioning and related limitations in 2 or
more adaptive skills and that is diagnosed based on the following
assumptions:
(a) Valid assessment considers cultural and linguistic
diversity, as well as differences in communication and behavioral
factors.
(b) The existence of limitation in adaptive skills occurs
within the context of community environments typical of the
individual's age peers and is indexed to the individual's
particular needs for support.
(c) Specific adaptive skill limitations often coexist with
strengths in other adaptive skills or other personal capabilities.
(d) With appropriate supports over a sustained period, the
life functioning of the individual with an intellectual disability
will generally improve.
(13) (12)
"Licensed facility" means
a facility licensed by the
department under section 137 or an adult foster care facility.
(14) (13)
"Licensed psychologist"
means a doctoral level
psychologist licensed under section 18223(1) of the public health
code, 1978 PA 368, MCL 333.18223.
(15) (14)
"Medical director" means
a psychiatrist appointed
under section 231 to advise the executive director of a community
mental health services program.
(16) (15)
"Mental health
professional" means an individual who
is trained and experienced in the area of mental illness or
developmental disabilities and who is 1 of the following:
(a) A physician.
(b)
A psychologist. licensed to practice in this state under
article
15 of the public health code, 1978 PA 368, MCL 333.16101 to
333.18838.
(c) A registered professional nurse licensed or otherwise
authorized
to engage in the practice in
this state of nursing under
article
15 part 172 of the public health code, 1978 PA 368, MCL
333.16101
to 333.18838.333.17201 to
333.17242.
(d) A licensed master's social worker licensed or otherwise
authorized to engage in the practice of social work at the master's
level under article 15 part 185 of
the public health code, 1978 PA
368,
MCL 333.16101 to 333.18838.333.18501
to 333.18518.
(e) A licensed professional counselor licensed or otherwise
authorized
to engage in the practice in
this state of counseling
under
article 15 part 181 of the public health code, 1978 PA 368,
MCL
333.16101 to 333.18838.333.18101
to 333.18117.
(f) A marriage and family therapist licensed or otherwise
authorized to engage in the practice of marriage and family therapy
under
article 15 part 169 of the public health code, 1978 PA 368,
MCL
333.16101 to 333.18838.333.16901
to 333.16915.
(16)
"Mental retardation" means a condition manifesting before
the
age of 18 years that is characterized by significantly
subaverage
intellectual functioning and related limitations in 2 or
more
adaptive skills and that is diagnosed based on the following
assumptions:
(a)
Valid assessment considers cultural and linguistic
diversity,
as well as differences in communication and behavioral
factors.
(b)
The existence of limitation in adaptive skills occurs
within
the context of community environments typical of the
individual's
age peers and is indexed to the individual's
particular
needs for support.
(c)
Specific adaptive skill limitations often coexist with
strengths
in other adaptive skills or other personal capabilities.
(d)
With appropriate supports over a sustained period, the
life
functioning of the individual with mental retardation will
generally
improve.
(17) "Minor" means an individual under the age of 18 years.
(18) "Multicultural services" means specialized mental health
services for multicultural populations such as African-Americans,
Hispanics, Native Americans, Asian and Pacific Islanders, and
Arab/Chaldean-Americans.
(19) "Neglect" means an act or failure to act committed by an
employee or volunteer of the department, a community mental health
services program, or a licensed hospital; a service provider under
contract with the department, a community mental health services
program, or a licensed hospital; or an employee or volunteer of a
service provider under contract with the department, a community
mental health services program, or a licensed hospital, that denies
a recipient the standard of care or treatment to which he or she is
entitled under this act.
Sec. 134a. (1) Except as otherwise provided in subsection (2),
a
psychiatric facility or intermediate care facility for people
with
mental retardation other
facility defined in 42 USC 1396d(d)
shall not employ, independently contract with, or grant clinical
privileges to an individual who regularly has direct access to or
provides direct services to patients or residents in the
psychiatric
facility or intermediate care facility for people with
mental
retardation other facility
defined in 42 USC 1396d(d) if the
individual satisfies 1 or more of the following:
(a) Has been convicted of a relevant crime described under 42
USC 1320a-7(a).
(b) Has been convicted of any of the following felonies, an
attempt or conspiracy to commit any of those felonies, or any other
state or federal crime that is similar to the felonies described in
this subdivision, other than a felony for a relevant crime
described under 42 USC 1320a-7(a), unless 15 years have lapsed
since the individual completed all of the terms and conditions of
his or her sentencing, parole, and probation for that conviction
prior to the date of application for employment or clinical
privileges or the date of the execution of the independent
contract:
(i) A felony that involves the intent to cause death or serious
impairment of a body function, that results in death or serious
impairment of a body function, that involves the use of force or
violence, or that involves the threat of the use of force or
violence.
(ii) A felony involving cruelty or torture.
(iii) A felony under chapter XXA of the Michigan penal code,
1931 PA 328, MCL 750.145m to 750.145r.
(iv) A felony involving criminal sexual conduct.
(v) A felony involving abuse or neglect.
(vi) A felony involving the use of a firearm or dangerous
weapon.
(vii) A felony involving the diversion or adulteration of a
prescription drug or other medications.
(c) Has been convicted of a felony or an attempt or conspiracy
to commit a felony, other than a felony for a relevant crime
described under 42 USC 1320a-7(a) or a felony described under
subdivision (b), unless 10 years have lapsed since the individual
completed all of the terms and conditions of his or her sentencing,
parole, and probation for that conviction prior to the date of
application for employment or clinical privileges or the date of
the execution of the independent contract.
(d) Has been convicted of any of the following misdemeanors,
other than a misdemeanor for a relevant crime described under 42
USC 1320a-7(a), or a state or federal crime that is substantially
similar to the misdemeanors described in this subdivision, within
the 10 years immediately preceding the date of application for
employment or clinical privileges or the date of the execution of
the independent contract:
(i) A misdemeanor involving the use of a firearm or dangerous
weapon with the intent to injure, the use of a firearm or dangerous
weapon that results in a personal injury, or a misdemeanor
involving the use of force or violence or the threat of the use of
force or violence.
(ii) A misdemeanor under chapter XXA of the Michigan penal
code, 1931 PA 328, MCL 750.145m to 750.145r.
(iii) A misdemeanor involving criminal sexual conduct.
(iv) A misdemeanor involving cruelty or torture unless
otherwise provided under subdivision (e).
(v) A misdemeanor involving abuse or neglect.
(e) Has been convicted of any of the following misdemeanors,
other than a misdemeanor for a relevant crime described under 42
USC 1320a-7(a), or a state or federal crime that is substantially
similar to the misdemeanors described in this subdivision, within
the 5 years immediately preceding the date of application for
employment or clinical privileges or the date of the execution of
the independent contract:
(i) A misdemeanor involving cruelty if committed by an
individual who is less than 16 years of age.
(ii) A misdemeanor involving home invasion.
(iii) A misdemeanor involving embezzlement.
(iv) A misdemeanor involving negligent homicide or a violation
of section 601d(1) of the Michigan vehicle code, 1940 PA 300, MCL
257.601d.
(v) A misdemeanor involving larceny unless otherwise provided
under subdivision (g).
(vi) A misdemeanor of retail fraud in the second degree unless
otherwise provided under subdivision (g).
(vii) Any other misdemeanor involving assault, fraud, theft, or
the possession or delivery of a controlled substance unless
otherwise provided under subdivision (d), (f), or (g).
(f) Has been convicted of any of the following misdemeanors,
other than a misdemeanor for a relevant crime described under 42
USC 1320a-7(a), or a state or federal crime that is substantially
similar to the misdemeanors described in this subdivision, within
the 3 years immediately preceding the date of application for
employment or clinical privileges or the date of the execution of
the independent contract:
(i) A misdemeanor for assault if there was no use of a firearm
or dangerous weapon and no intent to commit murder or inflict great
bodily injury.
(ii) A misdemeanor of retail fraud in the third degree unless
otherwise provided under subdivision (g).
(iii) A misdemeanor under part 74 of the public health code,
1978 PA 368, MCL 333.7401 to 333.7461, unless otherwise provided
under subdivision (g).
(g) Has been convicted of any of the following misdemeanors,
other than a misdemeanor for a relevant crime described under 42
USC 1320a-7(a), or a state or federal crime that is substantially
similar to the misdemeanors described in this subdivision, within
the year immediately preceding the date of application for
employment or clinical privileges or the date of the execution of
the independent contract:
(i) A misdemeanor under part 74 of the public health code, 1978
PA 368, MCL 333.7401 to 333.7461, if the individual, at the time of
conviction, is under the age of 18.
(ii) A misdemeanor for larceny or retail fraud in the second or
third degree if the individual, at the time of conviction, is under
the age of 16.
(h) Is the subject of an order or disposition under section
16b of chapter IX of the code of criminal procedure, 1927 PA 175,
MCL 769.16b.
(i) Engages in conduct that becomes the subject of a
substantiated finding of neglect, abuse, or misappropriation of
property by a state or federal agency according to an investigation
conducted in accordance with 42 USC 1395i-3 or 1396r.
(2) Except as otherwise provided in this subsection or
subsection
(5), a psychiatric facility or intermediate care
facility
for people with mental retardation other
facility defined
in 42 USC 1396d(d) shall not employ, independently contract with,
or grant privileges to an individual who regularly has direct
access to or provides direct services to patients or residents in
the
psychiatric facility or intermediate care facility for people
with
mental retardation other
facility defined in 42 USC 1396d(d)
until
the psychiatric facility or intermediate care facility for
people
with mental retardation other
facility defined in 42 USC
1396d(d) or staffing agency has conducted a criminal history check
in compliance with this section or received criminal history record
information in compliance with subsection (3) or (10). This
subsection and subsection (1) do not apply to any of the following:
(a) An individual who is employed by, under independent
contract to, or granted clinical privileges in a psychiatric
facility
or intermediate care facility for people with mental
retardation
other facility defined in 42
USC 1396d(d) before April
1, 2006. On or before April 1, 2011, an individual who is exempt
under this subdivision and who has not been the subject of a
criminal history check conducted in compliance with this section
shall provide the department of state police with a set of
fingerprints and the department of state police shall input those
fingerprints into the automated fingerprint identification system
database established under subsection (13). An individual who is
exempt under this subdivision is not limited to working within the
psychiatric
facility or intermediate care facility for people with
mental
retardation other facility
defined in 42 USC 1396d(d) with
which he or she is employed by, under independent contract to, or
granted clinical privileges on April 1, 2006 but may transfer to
another
psychiatric facility or intermediate care facility for
people
with mental retardation, other
facility defined in 42 USC
1396d(d), covered health facility, or adult foster care facility.
If an individual who is exempt under this subdivision is
subsequently convicted of a crime described under subsection (1)(a)
through (g) or found to be the subject of a substantiated finding
described under subsection (1)(i) or an order or disposition
described under subsection (1)(h), or is found to have been
convicted of a relevant crime described under subsection (1)(a),
then he or she is no longer exempt and shall be terminated from
employment or denied employment or clinical privileges.
(b) An individual who is under an independent contract with a
psychiatric
facility or intermediate care facility for people with
mental
retardation other facility
defined in 42 USC 1396d(d) if he
or she is not under the facility's control and the services for
which he or she is contracted is not directly related to the
provision of services to a patient or resident or if the services
for which he or she is contracted allows for direct access to the
patients or residents but is not performed on an ongoing basis.
This exception includes, but is not limited to, an individual who
is under an independent contract with the psychiatric facility or
intermediate
care facility for people with mental retardation other
facility defined in 42 USC 1396d(d) to provide utility,
maintenance, construction, or communications services.
(3) An individual who applies for employment either as an
employee or as an independent contractor or for clinical privileges
with
a psychiatric facility or intermediate care facility for
people
with mental retardation other
facility defined in 42 USC
1396d(d) or a staffing agency and who has not been the subject of a
criminal history check conducted in compliance with this section
shall give written consent at the time of application for the
department of state police to conduct a criminal history check
under this section, along with identification acceptable to the
department of state police. If the applicant has been the subject
of a criminal history check conducted in compliance with this
section, the applicant shall give written consent at the time of
application
for the psychiatric facility or intermediate care
facility
for people with mental retardation other
facility defined
in 42 USC 1396d(d) or staffing agency to obtain the criminal
history record information as prescribed in subsection (4) from the
relevant licensing or regulatory department and for the department
of state police to conduct a criminal history check under this
section if the requirements of subsection (10) are not met and a
request to the federal bureau of investigation to make a
determination of the existence of any national criminal history
pertaining to the applicant is necessary, along with identification
acceptable to the department of state police. Upon receipt of the
written consent to obtain the criminal history record information
and identification required under this subsection, the psychiatric
facility
or intermediate care facility for people with mental
retardation
other facility defined in 42
USC 1396d(d) or staffing
agency that has made a good-faith offer of employment or an
independent contract or clinical privileges to the applicant shall
request the criminal history record information from the relevant
licensing or regulatory department and shall make a request
regarding that applicant to the relevant licensing or regulatory
department to conduct a check of all relevant registries in the
manner required in subsection (4). If the requirements of
subsection (10) are not met and a request to the federal bureau of
investigation to make a subsequent determination of the existence
of any national criminal history pertaining to the applicant is
necessary,
the psychiatric facility or intermediate care facility
for
people with mental retardation other
facility defined in 42 USC
1396d(d) or staffing agency shall proceed in the manner required in
subsection (4). A staffing agency that employs an applicant who
regularly has direct access to or provides direct services to
patients or residents under an independent contract with a
psychiatric
facility or intermediate care facility for people with
mental
retardation other facility
defined in 42 USC 1396d(d) shall
submit information regarding the criminal history check conducted
by
the staffing agency to the psychiatric facility or intermediate
care
facility for people with mental retardation other facility
defined in 42 USC 1396d(d) that has made a good-faith offer of
independent contract to that applicant.
(4) Upon receipt of the written consent to conduct a criminal
history check and identification required under subsection (3), a
psychiatric
facility or intermediate care facility for people with
mental
retardation other facility
defined in 42 USC 1396d(d) or
staffing agency that has made a good-faith offer of employment or
an independent contract or clinical privileges to the applicant
shall make a request to the department of state police to conduct a
criminal history check on the applicant, to input the applicant's
fingerprints into the automated fingerprint identification system
database, and to forward the applicant's fingerprints to the
federal bureau of investigation. The department of state police
shall request the federal bureau of investigation to make a
determination of the existence of any national criminal history
pertaining to the applicant. The applicant shall provide the
department of state police with a set of fingerprints. The request
shall be made in a manner prescribed by the department of state
police.
The psychiatric facility or intermediate care facility for
people
with mental retardation other
facility defined in 42 USC
1396d(d) or staffing agency shall make the written consent and
identification available to the department of state police. The
psychiatric
facility or intermediate care facility for people with
mental
retardation other facility
defined in 42 USC 1396d(d) or
staffing agency shall make a request regarding that applicant to
the relevant licensing or regulatory department to conduct a check
of all relevant registries established under federal and state law
and regulations for any substantiated findings of abuse, neglect,
or misappropriation of property. If the department of state police
or the federal bureau of investigation charges a fee for conducting
the criminal history check, the psychiatric facility or
intermediate
care facility for people with mental retardation other
facility defined in 42 USC 1396d(d) or staffing agency shall pay
the
cost of the charge. The psychiatric facility or intermediate
care
facility for people with mental retardation other facility
defined in 42 USC 1396d(d) or staffing agency shall not seek
reimbursement for a charge imposed by the department of state
police or the federal bureau of investigation from the individual
who is the subject of the criminal history check. A prospective
employee or a prospective independent contractor covered under this
section may not be charged for the cost of a criminal history check
required under this section. The department of state police shall
conduct a criminal history check on the applicant named in the
request. The department of state police shall provide the
department with a written report of the criminal history check
conducted under this subsection. The report shall contain any
criminal history record information on the applicant maintained by
the department of state police. The department of state police
shall provide the results of the federal bureau of investigation
determination to the department within 30 days after the request is
made.
If the requesting psychiatric facility or intermediate care
facility
for people with mental retardation other
facility defined
in 42 USC 1396d(d) or staffing agency is not a state department or
agency and if criminal history record information is disclosed on
the written report of the criminal history check or the federal
bureau of investigation determination that resulted in a
conviction, the department shall notify the psychiatric facility or
intermediate
care facility for people with mental retardation other
facility defined in 42 USC 1396d(d) or staffing agency and the
applicant in writing of the type of crime disclosed on the written
report of the criminal history check or the federal bureau of
investigation determination without disclosing the details of the
crime. Any charges imposed by the department of state police or the
federal bureau of investigation for conducting a criminal history
check or making a determination under this subsection shall be paid
in the manner required under this subsection. The notice shall
include a statement that the applicant has a right to appeal the
information
relied upon by the psychiatric facility or intermediate
care
facility for people with mental retardation other facility
defined in 42 USC 1396d(d) or staffing agency regarding his or her
employment eligibility based on the criminal history check. The
notice shall also include information regarding where to file and
describing the appellate procedures established under section
20173b of the public health code, 1978 PA 368, MCL 333.20173b.
(5)
If a psychiatric facility or intermediate care facility
for
people with mental retardation other
facility defined in 42 USC
1396d(d) determines it necessary to employ or grant clinical
privileges to an applicant before receiving the results of the
applicant's criminal history check or criminal history record
information under this section, the psychiatric facility or
intermediate
care facility for people with mental retardation other
facility defined in 42 USC 1396d(d) may conditionally employ or
grant conditional clinical privileges to the individual if all of
the following apply:
(a)
The psychiatric facility or intermediate care facility for
people
with mental retardation other
facility defined in 42 USC
1396d(d) requests the criminal history check or criminal history
record information under this section upon conditionally employing
or conditionally granting clinical privileges to the individual.
(b) The individual signs a statement in writing that indicates
all of the following:
(i) That he or she has not been convicted of 1 or more of the
crimes that are described in subsection (1)(a) through (g) within
the applicable time period prescribed by each subdivision
respectively.
(ii) That he or she is not the subject of an order or
disposition described in subsection (1)(h).
(iii) That he or she has not been the subject of a substantiated
finding as described in subsection (1)(i).
(iv) The individual agrees that, if the information in the
criminal history check conducted under this section does not
confirm the individual's statements under subparagraphs (i) through
(iii), his or her employment or clinical privileges will be
terminated
by the psychiatric facility or intermediate care
facility
for people with mental retardation other
facility defined
in 42 USC 1396d(d) as required under subsection (1) unless and
until the individual appeals and can prove that the information is
incorrect.
(v) That he or she understands the conditions described in
subparagraphs (i) through (iv) that result in the termination of his
or her employment or clinical privileges and that those conditions
are good cause for termination.
(c) Except as otherwise provided in this subdivision, the
psychiatric
facility or intermediate care facility for people with
mental
retardation other facility
defined in 42 USC 1396d(d) does
not permit the individual to have regular direct access to or
provide direct services to patients or residents in the psychiatric
facility
or intermediate care facility for people with mental
retardation
other facility defined in 42
USC 1396d(d) without
supervision until the criminal history check or criminal history
record information is obtained and the individual is eligible for
that employment or clinical privileges. If required under this
subdivision,
the psychiatric facility or intermediate care facility
for
people with mental retardation other
facility defined in 42 USC
1396d(d) shall provide on-site supervision of an individual in the
facility on a conditional basis under this subsection by an
individual who has undergone a criminal history check conducted in
compliance with this section. A psychiatric facility or
intermediate
care facility for people with mental retardation other
facility defined in 42 USC 1396d(d) may permit an individual in the
facility on a conditional basis under this subsection to have
regular direct access to or provide direct services to patients or
residents
in the psychiatric facility or intermediate care facility
for
people with mental retardation other
facility defined in 42 USC
1396d(d) without supervision if all of the following conditions are
met:
(i) The psychiatric facility or intermediate care
facility for
people
with mental retardation, other
facility defined in 42 USC
1396d(d), at its own expense and before the individual has direct
access to or provides direct services to patients or residents of
the
psychiatric facility or intermediate care facility for people
with
mental retardation, other
facility defined in 42 USC 1396d(d),
conducts a search of public records on that individual through the
internet criminal history access tool maintained by the department
of state police and the results of that search do not uncover any
information that would indicate that the individual is not eligible
to have regular direct access to or provide direct services to
patients or residents under this section.
(ii) Before the individual has direct access to or provides
direct services to patients or residents of the psychiatric
facility
or intermediate care facility for people with mental
retardation,
other facility defined in 42
USC 1396d(d), the
individual signs a statement in writing that he or she has resided
in this state without interruption for at least the immediately
preceding 12-month period.
(iii) If applicable, the individual provides to the department
of state police a set of fingerprints on or before the expiration
of 10 business days following the date the individual was
conditionally employed or granted conditional clinical privileges
under this subsection.
(6) The department shall develop and distribute a model form
for the statements required under subsection (5)(b) and (c). The
department shall make the model form available to psychiatric
facilities
or intermediate care facilities for people with mental
retardation
other facility defined in 42
USC 1396d(d) subject to
this section upon request at no charge.
(7) If an individual is employed as a conditional employee or
is granted conditional clinical privileges under subsection (5),
and the information under subsection (3) or report under subsection
(4) does not confirm the individual's statement under subsection
(5)(b)(i) through (iii), the
psychiatric facility or intermediate
care
facility for people with mental retardation other facility
defined in 42 USC 1396d(d) shall terminate the individual's
employment or clinical privileges as required by subsection (1).
(8) An individual who knowingly provides false information
regarding his or her identity, criminal convictions, or
substantiated findings on a statement described in subsection
(5)(b)(i) through (iii) is guilty of a misdemeanor punishable by
imprisonment for not more than 93 days or a fine of not more than
$500.00, or both.
(9)
A psychiatric facility or intermediate care facility for
people
with mental retardation other
facility defined in 42 USC
1396d(d) or staffing agency shall use criminal history record
information obtained under subsection (3) or (4) only for the
purpose of evaluating an applicant's qualifications for employment,
an independent contract, or clinical privileges in the position for
which he or she has applied and for the purposes of subsections (5)
and
(7). A psychiatric facility or intermediate care facility for
people
with mental retardation other
facility defined in 42 USC
1396d(d) or staffing agency or an employee of the psychiatric
facility
or intermediate care facility for people with mental
retardation
other facility defined in 42
USC 1396d(d) or staffing
agency shall not disclose criminal history record information
obtained under subsection (3) or (4) to a person who is not
directly involved in evaluating the applicant's qualifications for
employment, an independent contract, or clinical privileges. An
individual who knowingly uses or disseminates the criminal history
record information obtained under subsection (3) or (4) in
violation of this subsection is guilty of a misdemeanor punishable
by imprisonment for not more than 93 days or a fine of not more
than $1,000.00, or both. Except for a knowing or intentional
release of false information, a psychiatric facility or
intermediate
care facility for people with mental retardation other
facility defined in 42 USC 1396d(d) or staffing agency has no
liability in connection with a criminal history check conducted in
compliance with this section or the release of criminal history
record information under this subsection.
(10) Upon consent of an applicant as required in subsection
(3)
and upon request from a psychiatric facility or intermediate
care
facility for people with mental retardation other facility
defined in 42 USC 1396d(d) or staffing agency that has made a good-
faith offer of employment or an independent contract or clinical
privileges to the applicant, the relevant licensing or regulatory
department shall review the criminal history record information, if
any,
and notify the requesting psychiatric facility or intermediate
care
facility for people with mental retardation other facility
defined in 42 USC 1396d(d) or staffing agency of the information in
the manner prescribed in subsection (4). Until the federal bureau
of investigation implements an automatic notification system
similar to the system required of the state police under subsection
(13) and federal regulations allow the federal criminal record to
be used for subsequent authorized uses, as determined in an order
issued by the department, a covered health or staffing agency
facility may rely on the criminal history record information
provided by the relevant licensing or regulatory department under
this subsection and a request to the federal bureau of
investigation to make a subsequent determination of the existence
of any national criminal history pertaining to the applicant is not
necessary if all of the following requirements are met:
(a) The criminal history check was conducted during the
immediately preceding 12-month period.
(b) The applicant has been continuously employed by a
psychiatric
facility or intermediate care facility for people with
mental
retardation, other facility
defined in 42 USC 1396d(d),
covered health facility, or adult foster care facility or the
staffing agency since the criminal history check was conducted in
compliance with this section or meets the continuous employment
requirement of this subdivision other than being on layoff status
for
less than 1 year from a psychiatric facility or intermediate
care
facility for people with mental retardation, other facility
defined in 42 USC 1396d(d), covered health facility, or adult
foster care facility.
(c) The applicant can provide evidence acceptable to the
relevant licensing or regulatory department that he or she has been
a resident of this state for the immediately preceding 12-month
period.
(11) As a condition of continued employment, each employee,
independent contractor, or individual granted clinical privileges
shall do each of the following:
(a) Agree in writing to report to the psychiatric facility or
intermediate
care facility for people with mental retardation other
facility defined in 42 USC 1396d(d) or staffing agency immediately
upon being arraigned for 1 or more of the criminal offenses listed
in subsection (1)(a) through (g), upon being convicted of 1 or more
of the criminal offenses listed in subsection (1)(a) through (g),
upon becoming the subject of an order or disposition described
under subsection (1)(h), and upon being the subject of a
substantiated finding of neglect, abuse, or misappropriation of
property as described in subsection (1)(i). Reporting of an
arraignment under this subdivision is not cause for termination or
denial of employment.
(b) If a set of fingerprints is not already on file with the
department of state police, provide the department of state police
with a set of fingerprints.
(12) In addition to sanctions set forth in this act, a
licensee, owner, administrator, or operator of a psychiatric
facility
or intermediate care facility for people with mental
retardation
other facility defined in 42
USC 1396d(d) or staffing
agency who knowingly and willfully fails to conduct the criminal
history checks as required under this section is guilty of a
misdemeanor punishable by imprisonment for not more than 1 year or
a fine of not more than $5,000.00, or both.
(13) In collaboration with the department of state police, the
department of technology, management, and budget shall establish
and maintain an automated fingerprint identification system
database that would allow the department of state police to store
and maintain all fingerprints submitted under this section and
would provide for an automatic notification if and when a
subsequent criminal arrest fingerprint card submitted into the
system matches a set of fingerprints previously submitted under
this
section. Upon such notification, the department of state
police shall immediately notify the department and the department
shall immediately contact each respective psychiatric facility or
intermediate
care facility for people with mental retardation other
facility defined in 42 USC 1396d(d) or staffing agency with which
that individual is associated. Information in the database
established under this subsection is confidential, is not subject
to disclosure under the freedom of information act, 1976 PA 442,
MCL 15.231 to 15.246, and shall not be disclosed to any person
except for purposes of this act or for law enforcement purposes.
(14) The department shall maintain an electronic web-based
system
to assist psychiatric facilities or intermediate care
facilities
for people with mental retardation other
facility
defined in 42 USC 1396d(d) and staffing agencies required to check
relevant registries and conduct criminal history checks of its
employees and independent contractors, and individuals granted
privileges and to provide for an automated notice to those
psychiatric
facilities or intermediate care facilities for people
with
mental retardation other
facility defined in 42 USC 1396d(d)
and staffing agencies for those individuals inputted in the system
who, since the initial criminal history check, have been convicted
of a disqualifying offense or have been the subject of a
substantiated finding of abuse, neglect, or misappropriation of
property. The department may charge a staffing agency a 1-time set-
up fee of up to $100.00 for access to the electronic web-based
system under this section.
(15) As used in this section:
(a) "Adult foster care facility" means an adult foster care
facility licensed under the adult foster care facility licensing
act, 1979 PA 218, MCL 400.701 to 400.737.
(b) "Convicted" means either of the following:
(i) For a crime that is not a relevant crime, a final
conviction, the payment of a fine, a plea of guilty or nolo
contendere if accepted by the court, or a finding of guilt for a
criminal law violation or a juvenile adjudication or disposition by
the juvenile division of probate court or family division of
circuit court for a violation that if committed by an adult would
be a crime.
(ii) For a relevant crime described under 42 USC 1320a-7(a),
convicted means that term as defined in 42 USC 1320a-7.
(c) "Covered health facility" means a nursing home, county
medical care facility, hospice, hospital that provides swing bed
services, or home for the aged licensed under article 17 of the
public health code, 1978 PA 368, MCL 333.20101 to 333.22260, or
home health agency.
(d) "Criminal history check conducted in compliance with this
section" includes a criminal history check conducted under this
section, under section 20173a of the public health code, 1978 PA
3658, MCL 333.20173a, or under section 34b of the adult foster care
facility licensing act, 1979 PA 218, MCL 400.734b.
(e) "Direct access" means access to a patient or resident or
to a patient's or resident's property, financial information,
medical records, treatment information, or any other identifying
information.
(f) "Home health agency" means a person certified by medicare
whose business is to provide to individuals in their places of
residence other than in a hospital, nursing home, or county medical
care facility 1 or more of the following services: nursing
services, therapeutic services, social work services, homemaker
services, home health aide services, or other related services.
(g) "Independent contract" means a contract entered into by a
health facility or agency with an individual who provides the
contracted services independently or a contract entered into by a
health facility or agency with a staffing agency that complies with
the requirements of this section to provide the contracted services
to
the psychiatric facility or intermediate care facility for
people
with mental retardation other
facility defined in 42 USC
1396d(d) on behalf of the staffing agency.
(h) "Medicare" means benefits under the federal medicare
program established under title XVIII of the social security act,
42
USC 1395 to 1395iii.1395kkk-1.
(i) "Staffing agency" means an entity that recruits candidates
and provides temporary and permanent qualified staffing for
psychiatric
facilities or intermediate care facilities for people
with
mental retardation, other
facility defined in 42 USC 1396d(d),
including independent contractors.
(j) "Under the facility's control" means an individual
employed by or under independent contract with a psychiatric
facility
or intermediate care facility for people with mental
retardation
other facility defined in 42
USC 1396d(d) for whom the
psychiatric
facility or intermediate care facility for people with
mental
retardation other facility
defined in 42 USC 1396d(d) does
both of the following:
(i) Determines whether the individual who has access to
patients or residents may provide care, treatment, or other similar
support service functions to patients or residents served by the
psychiatric
facility or intermediate care facility for people with
mental
retardation.other facility
defined in 42 USC 1396d(d).
(ii) Directs or oversees 1 or more of the following:
(A) The policy or procedures the individual must follow in
performing his or her duties.
(B) The tasks performed by the individual.
(C) The individual's work schedule.
(D) The supervision or evaluation of the individual's work or
job performance, including imposing discipline or granting
performance awards.
(E) The compensation the individual receives for performing
his or her duties.
(F) The conditions under which the individual performs his or
her duties.
Sec. 504. An individual with a developmental disability other
than
mental retardation an
intellectual disability is eligible for
temporary
and administrative admission pursuant to under sections
508 and 509, but is not eligible for judicial admission.
Sec. 515. A court may order the admission of an individual 18
years of age or older who meets both of the following requirements:
(a)
Has been diagnosed as an individual with mental
retardation.an intellectual disability.
(b) Can be reasonably expected within the near future to
intentionally or unintentionally seriously physically injure
himself or herself or another person, and has overtly acted in a
manner substantially supportive of that expectation.
Sec.
932. The several counties of the state of Michigan shall
have power and authority, by resolution of the county board of
commissioners, to provide for the care, custody, and maintenance of
mentally
retarded and other developmentally
disabled persons within
such
the counties and for this purpose counties may raise
money by
tax or by loan and issue bonds of the county to secure the
repayment
of any such the loan in the manner and within the limits
provided by law for the erection of buildings and for the purchase
of equipment. Counties may raise by tax, in the manner and within
the
limits provided by law, such the
sum or sums as may be needed
from year to year, for the support, maintenance, and care of
mentally
retarded and other developmentally
disabled persons
admitted
to the care of any facility maintained by such the
counties under and by authority of law.
Sec. 1001a. (1) "Center for forensic psychiatry program" means
that program established by the center for forensic psychiatry to
provide services related to all of the following:
(a) Persons who are alleged to be incompetent to stand trial.
(b) Persons who are acquitted of criminal charges by reason of
insanity.
(c) Persons who are transferred to the center from places of
detention or from other state psychiatric hospitals.
(2) "Corrections mental health program" means that program of
the department of corrections that is responsible for the provision
of mental health services to certain prisoners under this chapter.
(3) "Hearing committee" means a committee appointed by the
corrections
mental health program pursuant to under section 1003c.
(4) "Mental health services" means the provision of mental
health care in a protective environment to prisoners with mental
illness
or mental retardation, developmental
disability, including,
but not limited to, chemotherapy and individual and group
therapies.
(5) "Mental illness" means a substantial disorder of thought
or mood that significantly impairs judgment, behavior, capacity to
recognize reality, or ability to cope with the ordinary demands of
life.
(6)
"Mentally retarded" means significantly subaverage general
intellectual
functioning that originates during the developmental
period
and is associated with impairment in adaptive behavior.
Sec. 1003. The department of corrections shall establish and
operate the corrections mental health program to provide mental
health
services for prisoners who are mentally retarded
developmentally disabled or mentally ill and need those services.
The director of the department shall review the program's
structure, content, quality standards, and implementation. The
department of corrections may contract with the department or
third-party providers to operate the corrections mental health
program. The director of the department of corrections shall
appoint the director of the corrections mental health program. The
director of the corrections mental health program shall be an
individual with an advanced degree in a mental health field and a
minimum of 5 years' experience in a mental health field.
Sec. 1003a. The following procedures apply to involuntary
admission to the corrections mental health program:
(a) A person may file with the officer in charge of a state
correctional facility a written notice alleging that a particular
prisoner
is mentally ill or mentally retarded developmentally
disabled and requires treatment. Upon receipt of the written
notice, the officer in charge of the facility shall contact the
corrections mental health program, which shall initiate an
evaluation by a mental health professional. If the officer in
charge of a state correctional facility receives a report from a
mental health professional that a prisoner may be mentally ill, the
officer shall ensure that the prisoner is examined by a
psychiatrist as soon as administratively possible. If the report
from the mental health professional states that the prisoner may be
mentally
retarded, developmentally
disabled, the officer shall
ensure that the prisoner is examined by a psychologist as soon as
administratively possible. Unless the prisoner can be examined
within the facility where he or she is housed, the prisoner shall
be transferred to an appropriate facility for examination.
(b) Upon completion of the examination described in
subdivision (a), the psychiatrist or psychologist shall execute a
certificate of findings that specifies whether, in the
psychiatrist's or psychologist's opinion, the prisoner is mentally
ill
or mentally retarded. developmentally
disabled. If a finding of
mental
illness or mental retardation developmental
disability is
made, the psychiatrist or psychologist shall recommend suitable
treatment available within the corrections mental health program.
(c) Upon completion of the examination described in
subdivision (a), if the psychiatrist or psychologist determines
that
the prisoner is mentally ill or mentally retarded
developmentally disabled and is a present danger to himself or
herself or to others, and if the prisoner refuses treatment, the
psychiatrist may order involuntary administration of psychotropic
medication
pending a hearing pursuant to under
section 1003c.
(d) Upon completion of the certificate required under
subdivision (b), the officer in charge of the state correctional
facility shall provide to the prisoner and the guardian of the
person, if applicable, a copy of the certificate, a copy of the
psychiatrist's or psychologist's report of the examination, and a
notice of hearing explaining hearing procedures and rights set
forth in section 1003c. The documents shall be provided at least 24
hours before the hearing.
(e) If the prisoner agrees with the treatment recommended
under subdivision (b), the prisoner may execute a waiver of hearing
and consent to treatment.
(f) If the prisoner refuses the treatment recommended under
subdivision
(b), a hearing shall be held pursuant to under section
1003c.
(g) The prisoner shall not be medicated for 24 hours before a
hearing held under section 1003c.
(h)
If, following a hearing held pursuant to under section
1003c, the hearing committee finds that the prisoner is not
mentally
retarded or mentally ill or developmentally disabled, the
prisoner shall be placed according to normal procedures of the
department of corrections. If the hearing committee finds that the
prisoner
is mentally retarded or mentally ill or developmentally
disabled and that the proposed services are suitable to the
prisoner's condition, the corrections mental health program shall
provide the mental health services designated by the hearing
committee. If the hearing committee finds that the prisoner is
mentally
ill or mentally retarded developmentally
disabled but that
the proposed services are not suitable to the prisoner's condition,
the corrections mental health program shall provide services that
are available within the corrections mental health program that are
suitable to the prisoner's condition as ordered by the hearing
committee.
Sec. 1003b. The following procedures apply to voluntary
admission to the corrections mental health program:
(a) If a prisoner desires to be voluntarily admitted to the
corrections mental health program, the officer in charge of the
state correctional facility in which the prisoner is housed shall
transfer the prisoner, if necessary, to the appropriate location
designated by the corrections mental health program for an
examination by a psychiatrist or a psychologist, as applicable. If
the examining psychiatrist or psychologist certifies to the
corrections mental health program that the prisoner is mentally ill
or
mentally retarded developmentally
disabled and is clinically
suited for admission, the corrections mental health program shall
provide the prisoner with a written individual plan of services
pursuant
according to section 712. Upon the prisoner's consent to
the individual plan of services, the corrections mental health
program shall admit the prisoner to the program.
(b) Except as otherwise provided in subdivision (c), a
prisoner who is voluntarily transferred under this section shall
not be admitted to the corrections mental health program for more
than 3 days, excluding Sundays and legal holidays, after the
prisoner gives written notice of his or her intention to terminate
the admission and return to the general population of the state
correctional facility. If the corrections mental health program is
advised by a prisoner of an intention to terminate admission, the
program shall promptly provide the written form required for
termination of admission and return the prisoner to the general
population of the state correctional facility.
(c) If written notice of termination of admission has been
given
pursuant according to subdivision (b) and has not been
withdrawn, and if the director of the corrections mental health
program determines that the prisoner continues to require mental
health services, the director, or a person designated by the
director, within 3 days, excluding Sundays and holidays, after the
receipt by the corrections mental health program of the notice,
shall provide the prisoner and the guardian of the person, if
applicable, with a notice of hearing explaining hearing rights set
forth in section 1003c. The prisoner shall not be medicated for 24
hours prior to the hearing. If, following the hearing, the hearing
committee finds that the prisoner does not require mental health
services, the prisoner shall be placed according to normal
procedures of the department of corrections. If the hearing
committee finds that the prisoner continues to require mental
health services, the corrections mental health program shall
continue to provide those services.
Sec. 1003c. (1) If a prisoner refuses treatment or services
recommended under section 1003a or if the corrections mental health
program determines that a voluntary admittee to the program who
wishes to terminate admission continues to require mental health
services, the corrections mental health program shall appoint a
hearing committee to hear the matter. The hearing committee shall
consist of a psychiatrist, a psychologist, and another mental
health professional, whose licensure or registration requirements
include a minimum of a baccalaureate degree from an accredited
college or university, none of whom is, at the time of hearing,
involved in the prisoner's treatment or diagnosis.
(2) A hearing under this section shall be held not less than
24 hours after the prisoner and the guardian of the person, if
applicable, are provided the documents required under section
1003a(d) or section 1003b(c), but not more than 7 business days
after the documents have been provided to the prisoner.
(3) A prisoner has the following rights with respect to the
hearing under this section:
(a) Attendance at the hearing, and if the prisoner has a
guardian of the person, the guardian's attendance at the hearing.
(b) Presentation of evidence, including witnesses, who may be
family members, and cross-examination of witnesses, unless the
hearing committee finds that the presentation, confrontation, or
cross-examination would present a serious threat to the order and
security of the facility or the safety of the prisoner or others.
(c) Assistance of 1 of the following persons designated by the
director of the corrections mental health program:
(i) A recipient rights advisor from the office of recipient
rights.
(ii) A mental health professional who is not involved in the
prisoner's treatment or diagnosis and whose licensure or
registration requirements include a minimum of a baccalaureate
degree from an accredited college or university.
(4) The hearing committee appointed under subsection (1) shall
consider the report of the mental health professional who has
alleged
that the prisoner is mentally ill or mentally retarded,
developmentally disabled, the certificate described in section
1003a(1)(b),
1003a(b), proof of service of the notice of hearing,
proof of nonmedication for 24 hours prior to the hearing, and any
other admissible evidence presented at the hearing. To be
admissible, evidence shall be relevant, nonrepetitious, and of a
type relied upon by a person in the conduct of everyday affairs.
(5) The hearing committee appointed under subsection (1) shall
prepare an official record of the hearing including all evidence
described in subsection (4). The hearing shall be recorded, but
need not be transcribed unless requested by a party. A party who
requests transcription shall pay for the transcription of the
portion requested.
(6) After a hearing under this section, the hearing committee
shall decide by a majority vote that includes an affirmative vote
by the psychiatrist whether the prisoner is mentally ill or
mentally
retarded developmentally
disabled and whether the proposed
mental health services are suitable to the prisoner's condition. If
the hearing committee finds that the prisoner is mentally ill or
mentally
retarded developmentally
disabled but that the proposed
services are not suitable to the prisoner's condition, the hearing
committee shall order services available within the corrections
mental health program that are suitable to the prisoner's
condition.
(7) Upon reaching a decision, the hearing committee shall
prepare a report and order expressing the findings of the hearing
committee and the basis for those findings. Each member shall
indicate his or her agreement or disagreement with the hearing
committee findings. Within 24 hours after the hearing, the hearing
committee shall provide a copy of the hearing committee report and
order to the prisoner.
(8) A prisoner may appeal the decision of the hearing
committee under this section to the director of the corrections
mental health program if the appeal is filed within 48 hours of the
prisoner's receipt of the hearing committee's report and order
under subsection (7). The director of the corrections mental health
program shall render a decision within 2 business days after
receipt of the appeal.
(9) A prisoner may appeal the decision of the director of the
corrections
mental health program under subsection (8) pursuant
according
to section 631 of the revised
judicature act of 1961, Act
No.
236 of the Public Acts of 1961, being section 600.631 of the
Michigan
Compiled Laws, 1961 PA 236,
MCL 600.631, except that no
oral argument shall be permitted. If the director of the
corrections mental health program upholds the hearing committee's
findings
of mental illness or mental retardation developmental
disability and the hearing committee's proposed services, the
prisoner's treatment shall not be stayed pending the appeal.
Sec. 1004. (1) A prisoner shall continue to be credited with
those good time credits and other statutory reductions of his or
her penal sentence to which he or she is entitled while in the
corrections mental health program, subject to the terms and
conditions that are applicable in a state correctional facility.
The prisoner shall continue to be subject to all disciplinary
sanctions that are not attributable to the prisoner's mental
illness
or mental retardation.developmental
disability.
(2) At the time a prisoner is admitted to the corrections
mental health program, the department of corrections shall notify
the director of the corrections mental health program of the date
on which the sentence of the prisoner is to expire and of any
reductions of the sentence recorded to date. The corrections mental
health program shall enter the sentence expiration date in the
record it maintains for the prisoner.
Sec. 1005d. (1) An initial order for treatment under section
1003c shall be for a period not to exceed 90 days.
(2) If, before the expiration of the initial 90-day order, the
treating psychiatrist or psychologist believes that a prisoner
continues
to be mentally ill or mentally retarded developmentally
disabled and requires mental health services, the treating
psychiatrist or psychologist, not less than 14 days before the
expiration of the order, shall file with the director of the
corrections mental health program or the director's designee a
report of the determination that the prisoner continues to require
those services. Upon receipt of the report under this subsection
and proof of notice to the prisoner of an opportunity for a
hearing, and following a hearing, if requested by the prisoner, a
hearing
committee appointed pursuant to under
section 1003c may
authorize continued care in the corrections mental health program
for an additional period not to exceed 90 days.
(3) If, before the expiration of the second 90-day order, the
treating
psychiatrist or psychologist believes that the condition
of
a prisoner is such that the
prisoner continues to be mentally
ill
or mentally retarded developmentally
disabled and requires
mental health services, the treating psychiatrist or psychologist,
not less than 14 days before the expiration of the order, shall
file with the director of the corrections mental health program or
the director's designee a report of the determination that the
prisoner continues to require those services. Upon receipt of the
report under this subsection and proof of notice to the prisoner of
an opportunity for a hearing, and following a hearing, if requested
by the prisoner, the hearing committee may authorize continued care
in the corrections mental health program for an additional period
not to exceed 180 days. Upon completion of the order for continuing
admission to the corrections mental health program, if the treating
psychiatrist or psychologist believes that the prisoner continues
to
be mentally ill or mentally retarded developmentally disabled
and requires mental health services, the treating psychiatrist or
psychologist
shall request an initial order of admission pursuant
to
under section 1003c.
(4) A report of a determination under subsection (2) or (3)
shall be accompanied by a certificate executed by the psychiatrist
or psychologist and shall contain a statement setting forth all of
the following:
(a) The reasons for the treating psychiatrist's or
psychologist's determination that the prisoner continues to be
mentally
ill or mentally retarded developmentally
disabled and
requires mental health services.
(b) A statement describing the treatment program provided to
the prisoner.
(c) The results of the course of treatment.
(d) A clinical estimate as to the time further treatment will
be required.
(5) If at any hearing held under this section the hearing
committee appointed under section 1003c finds that the prisoner is
not
mentally ill or mentally retarded, developmentally disabled,
the hearing committee shall enter a finding to that effect and the
prisoner shall be placed according to normal procedures of the
department of corrections.
Sec. 1006. (1) A prisoner admitted to the corrections mental
health
program pursuant according
to section 1003a or section 1003b
shall
be discharged from the program when 1 or more both of
the
following occur:
(a) The prisoner ceases to require mental health services.
(b) The prisoner is paroled or discharged from prison.
(2) If a prisoner is to be discharged from the corrections
mental health program before the expiration of the prisoner's
criminal sentence, the director of the corrections mental health
program shall first notify the department of corrections of the
pending discharge, and shall transmit a full report on the
condition of the prisoner to the department of corrections.
(3) If the prisoner is paroled or discharged from prison, and
the corrections mental health program considers the prisoner to be
a person requiring treatment, as defined in section 401, or a
person who meets the criteria for judicial admission, as prescribed
in section 515, the director of the corrections mental health
program at least 14 days before the parole date or the date of
discharge
shall file a petition pursuant to under section 434 or
section 516 asserting that the prisoner is a person requiring
treatment or that the prisoner meets the criteria for judicial
admission. The petition shall be filed with the probate court of
the prisoner's county of residence.
(4)
The department of mental community
health is responsible
for assuring that needed aftercare reintegration and community-
based mental health services are offered to mentally ill and
mentally
retarded developmentally
disabled persons who are leaving
prison, upon referral by the department of corrections. Upon
request from the department of corrections, community-based mental
health
services shall be provided by the department of mental
community health throughout the parole period.