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HB 4534

Criminal procedure: mental capacity; assisted outpatient treatment diversion program for certain patients with mental illness; provide for. Amends sec. 461 of 1974 PA 258 (MCL 330.1461) & adds sec. 1021 & ch. 10A. TIE BAR WITH: HB 4532'25, HB 4533'25, HB 4535'25

2025-2026 Regular Session Introduced by Greg Alexander and 23 co-sponsors

HB 4534 creates an assisted outpatient treatment (AOT) diversion for certain misdemeanor defendants with mental illness, enabling court-ordered community treatment.

bill electronically reproduced 06/03/2025
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Bill Summary · HB 4534

Summary — HB 4534 (2025)

Short title: Criminal procedure: mental capacity; assisted outpatient treatment (AOT) diversion program for certain patients with mental illness.

Purpose: HB 4534 amends Michigan’s Mental Health Code (1974 PA 258) to (1) modify evidence and examination requirements for petitions that seek court-ordered mental health treatment, and (2) create a new Chapter 10A establishing an assisted outpatient treatment (AOT) diversion pathway for certain defendants charged with misdemeanors (including offenses against health professionals under MCL 750.81d).

Tie-bar: Bill is tied to HB 4532, HB 4533, and HB 4535 (must be enacted together).

Key provisions

  1. Amendment to section 461 (MCL 330.1461)

    • For petitions filed under MCL 330.1434(1)–(6), at least one physician or licensed psychologist who personally examined the individual must testify in person or by written deposition at the hearing.
    • For petitions under MCL 330.1434(7) (petitions that do not seek hospitalization before hearing), a psychiatrist must testify if the petition seeks treatment without hospitalization; but a psychiatrist’s testimony is not required if a psychiatrist signs the petition — in that case, at least one physician or licensed psychologist who personally examined the individual must testify.
    • Allows testimony/deposition from a “qualified health professional” (defined as psychiatric nurse practitioner or physician assistant working under the supervision of a psychiatrist) in specified circumstances.
    • Written depositions are admissible only if defense counsel had the opportunity to be present and cross-examine when the deposition was taken; testimony may be waived by the petition subject; if waived, a clinical certificate from an appropriate clinician must be presented at or before the initial hearing.
    • Examinations for petitions under 434(7) must be arranged by the court and the local community mental health services program (or other department-designated entity).

  2. New Chapter 10A — Assisted Outpatient Treatment (AOT) diversion (Sections 1021, 1075–1077, etc.)

    • Section 1021 excludes individuals diverted under Chapter 10A from applicability of sections 1022–1044 (other competency/related procedures).
    • Motion for assessment: At charging or any time before trial, prosecutor, defendant, or defense counsel may move for an assessment by a physician, psychologist, or qualified health professional to determine AOT eligibility.
    • Opposition: Either party may oppose such a motion. If opposed, no diversion is allowed and competency procedures in Chapter 10 apply.
    • If assessment finds criteria met, the prosecutor must file a petition under MCL 330.1434(7). The petition can be heard in probate court (district judge may request assignment as probate judge or direct filing in probate court).
    • Hearing outcome: If either prosecutor or defendant objects at the AOT hearing, the petition is dismissed and sections 1022–1044 apply. If no objection, the court must enter an AOT order.
    • Duration: AOT orders up to 90 days for misdemeanors and up to 180 days for serious misdemeanors.
    • Noncompliance: Handled under section 475 (civil enforcement procedures). Community treatment programs have primary discretion over treatment planning and decisions; the court will hold a hearing if the program fails to communicate about treatment.
    • Criminal charges: Charges remain pending while the defendant is in AOT for enforcement of release conditions. Compliance with AOT is not a condition of criminal release. A misdemeanor charge is to be dismissed by the district court 90 days after entry of the AOT order (text truncated in source for remaining dismissal rules; serious misdemeanor timelines referenced earlier).

Who is affected

  • Defendants charged with misdemeanors and offenses against health professionals (MCL 750.81d) who may meet statutory “person requiring treatment” criteria.
  • Prosecutors and defense counsel (new motion/assessment procedure).
  • Courts (district and probate) — new transfer/assignment and hearing rules.
  • Community mental health programs and treatment providers — increased role and discretion in treatment decisions for diverted defendants.
  • Licensed clinicians (physicians, psychiatrists, licensed psychologists, psychiatric nurse practitioners, physician assistants) — new roles in assessments, testimony, and clinical certifications.

Procedural and timeline notes

  • Motions for assessment may be filed at charge or any time before trial.
  • If diversion is approved, AOT length: up to 90 days (misdemeanor) or 180 days (serious misdemeanor).
  • Noncompliance handled civilly (section 475); criminal charges remain pending during diversion and are to be dismissed after specified timeframes (see bill for full dismissal rules; source text truncated).

Potential impacts and considerations

  • Offers a statutory pathway to divert certain defendants with serious mental illness away from criminal prosecution into court-ordered community treatment, potentially reducing incarcerative outcomes.
  • Shifts substantial treatment decision-making authority to community treatment programs, while preserving court oversight when communication is lacking.
  • Protects defendant procedural rights (opportunity to object; waiver provisions) but raises practical issues: resource needs for assessments and community treatment capacity; coordination between courts, prosecutors, defense counsel, and mental health systems.
  • The bill modifies evidentiary and clinician-testimony requirements for treatment petitions, broadening who may provide assessment/testimony (including supervised nurse practitioners/PAs) while preserving in-person testimony or clinical certification requirements.

Legislative status (select)

  • Filed: March 12, 2025
  • House actions: Passed by House (read 3rd time and passed 05/12/2025); amended in committee and on floor
  • Bill electronically reproduced: 06/03/2025
  • Introduced to Judiciary Committee: 06/03/2025

(For full statutory text, cross-references, and remaining truncated provisions, consult the official enrolled bill or legislative services.)

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

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