Summary — HB 5196 (Corrections: prerelease mental health planning; amendments to intake/health screening)
Status and timeline
- Introduced: March 14, 2025 (Rep. Stephanie Young and others).
- Passed both chambers (May 2025).
- Signed by Governor: June 20, 2025.
- Effective date: September 1, 2025.
- Bill amends MCL 791.267 (Sec. 67) and adds Sec. 34e, Sec. 67c, and Sec. 67d (text for 34e and Sec. 67 amendments is included in the version provided; full text of 67c/67d was not available in the excerpt).
Purpose and intent
- Establish prerelease mental health discharge planning requirements for incarcerated individuals who are receiving mental health services or mental health prescription medication and are being released on parole.
- Update and clarify intake, psychiatric screening, and infectious disease (HIV/AIDS) testing and related procedures at reception centers. Modernizes language and adds timelines and culturally sensitive care expectations.
Key provisions — Sec. 34e (new)
- Prerelease mental health discharge plan required for any incarcerated individual on mental health services or psychiatric medication who will be released on parole. The department may consult the Department of Health and Human Services when creating plans.
- Required plan components:
- Mental health assessment using specified tools: Patient Health Questionnaire‑9 (PHQ‑9), Generalized Anxiety Disorder 7‑Item Scale (GAD‑7), Patient Health Questionnaire‑2 (PHQ‑2), and the Opioid Risk Tool.
- Identification of risk factors related to transportation, housing, and family stress.
- A scheduled postrelease appointment with a culturally sensitive mental health professional able to provide medications and mental/behavioral health services (including family counseling/reunification if applicable).
- Steps to ensure access to required mental health prescription medication between release and the first postrelease appointment.
- Assessment of eligibility for Medicaid or Medicare; provide enrollment information if eligible.
- Goals and activities to address identified needs/barriers.
- A list of care team members (including community health or social program providers) supporting transition.
- Input from the incarcerated individual and a communication plan for the duration of parole.
Key provisions — Sec. 67 (amendments)
- Reception center intake and classification:
- Classification committee must complete a comprehensive study (including physical and psychiatric exams) within 60 days of arrival; psychiatric exam must be completed within 7 days and include an assessment for significant diagnoses. Psychiatric exams must be performed in a culturally sensitive manner.
- HIV testing and related procedures:
- Incoming individuals must undergo HIV or HIV antibody testing upon arrival unless tested within prior 3 months under the public health code.
- If an individual tests positive and is subject to certain disciplinary findings (e.g., sexual misconduct, IV drug use, assaultive/predatory behavior that could transmit HIV), the department must house them in administrative segregation, an inpatient health care unit, or a separate unit as determined.
- Positive results must be reported to the relevant public health authority and disclosed under the department’s policies (section 67b references). The department must offer counseling, conduct a seroprevalence study, and develop a correctional-specific AIDS education program.
- Personnel protections:
- Department will provide/arrange free HIV testing for employees upon request and provide necessary equipment to implement universal precautions.
Who is affected
- Primary: incarcerated individuals receiving mental health services or psychiatric medication who will be released on parole; all incoming individuals at reception centers for intake screening.
- State actors: Department of Corrections (implementation responsibility), Department of Health and Human Services (consultative role), correctional health staff, parole officers.
- Community providers: mental/behavioral health clinicians, community health/social programs (to accept referrals, provide timely appointments, and coordinate medication continuity).
- Correctional employees: testing access and training obligations.
Potential impacts and implementation considerations
- Expected benefits: improved continuity of mental health care at reentry, earlier identification/treatment of mental health conditions, reduced gaps in medication, better linkage to community services and benefits (Medicaid/Medicare), culturally sensitive care practices.
- Operational/cost implications: department must develop discharge planning processes, schedule postrelease appointments, ensure short-term medication access, assess/enroll eligible individuals in benefits, and coordinate with community providers. There may be increased administrative and clinical workload and potential need for new contracts with community providers.
- Some sections referenced (67c and 67d) were added by the bill heading but full text was not present in the provided excerpt; their specific content and effects could further affect implementation.
Limitations / notes
- The available excerpt truncates portions of Sec. 67 and does not include the full text of newly added Secs. 67c and 67d. This summary focuses on the explicit provisions shown, especially the complete Sec. 34e prerelease planning requirements.
