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HB 4535

Courts: other; eligibility for mental health court; modify. Amends sec. 1093 of 1961 PA 236 (MCL 600.1093). TIE BAR WITH: HB 4532'25, HB 4533'25

2025-2026 Regular Session Introduced by Greg Alexander and 24 co-sponsors

Michigan mental health court admission remains discretionary, with strict violent-offender exclusions and expanded eligibility criteria, plus enhanced screening and confidentiality

bill electronically reproduced 06/03/2025
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Bill Summary · HB 4535

Summary — HB 4535 (2025)

Title: Courts: other; eligibility for mental health court; modify. (Amends MCL 600.1093)

Status & Effective Date
- Introduced March 12, 2025; enacted and signed by the Governor June 20, 2025.
- Effective date: September 1, 2025.
- The act contains a tie‑bar: it does not take effect unless House Bills 4532 and 4533 of the 103rd Legislature are also enacted (those bills were included in the enactment package).

Purpose / Intent
- To amend section 1093 of the Revised Judicature Act (MCL 600.1093) to clarify and modify eligibility, screening, confidentiality, and procedural rules governing admission to mental health courts in Michigan.

Key provisions and changes
1. Admission is discretionary
- Mental health court admission remains at the court’s discretion; individuals have no right to admission. Admission may occur regardless of prior participation or completion status of a mental health court program.

  1. Violent offender exclusion with limited exception

    • A “violent offender” must not be admitted unless the mental health court judge and the prosecuting attorney — after consulting any known victim in the instant case — both consent.
    • Absolute ineligibility for admission if: a) Currently charged with: first‑degree murder (MCL 750.316); criminal sexual conduct (CSC) in the 1st, 2nd, or 3rd degree (MCL 750.520b, .520c, .520d); or child sexually abusive activity (MCL 750.145c). b) Previously convicted of: first‑degree murder (MCL 750.316) or CSC in the 1st degree (MCL 750.520b).

  2. Expanded enumerated circumstances allowing admission

    • Individuals eligible under this chapter may also be admitted if they:
      • Have youthful trainee status under MCL 762.11.
      • Have had proceedings deferred and are on probation under specified statutes (MCL 333.7411; MCL 769.4a; MCL 750.350a; MCL 750.430).
      • Are currently charged with a crime against a health professional/medical volunteer (MCL 750.81d).

  3. Preadmission screening and assessment requirements

    • Applicants must cooperate with and complete a preadmission screening and any future assessments ordered by the court.
    • Required elements:
      • Criminal history review (LEIN check permitted).
      • Risk assessment (danger to self/others/community).
      • Clinical mental health assessment using standardized, valid instruments and meeting diagnostic criteria for serious mental illness, serious emotional disturbance, co‑occurring disorder, or developmental disability.
      • Review of special needs or circumstances that may affect treatment compliance.

  4. Confidentiality and non‑use in prosecution

    • Information from the preadmission screening/assessment is confidential, exempt from FOIA (MCL 15.231–15.246), and generally inadmissible in criminal prosecutions unless it discloses criminal acts other than, or inconsistent with, personal drug use.

  5. LEIN access

    • Courts may request law enforcement information network (LEIN) criminal history information for eligibility determinations.

Who is affected
- Defendants/participants in mental health court programs and those seeking admission.
- Circuit/district courts operating mental health courts and judges.
- Prosecuting attorneys and victims (who may be consulted on violent offender admissions).
- Treatment providers and evaluators conducting assessments.
- Law enforcement agencies providing LEIN information.

Potential impacts
- Clarifies and standardizes eligibility and screening for mental health courts, balancing access to treatment alternatives with public safety protections by excluding certain violent offenses and requiring consent where appropriate.
- Strengthens confidentiality protections for assessment materials.
- May increase use of LEIN for admission decisions and formalize admission pathways for specific deferred/probation statuses.

Statutory references: Amends MCL 600.1093 (as amended by 2024 PA 44); cites Michigan Penal Code sections MCL 750.316, 750.520b/c/d, 750.145c; other cited statutes noted above.

Compiled from official sources — confirm details with the bill’s official record.

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