Criminal Justice

Senate Bill 221 establishes a new process for individuals charged with misdemeanor offenses who have mental health issues. The bill allows for the diversion of these defendants into assisted outpatient treatment (AOT) if the prosecuting attorney, defendant, and defense counsel agree to an assessment and the defendant meets the AOT criteria. If a court orders AOT for up to 180 days, the misdemeanor charges remain pending but are dismissed after 90 days (or 180 days for serious misdemeanors). This diversion pathway provides an alternative to standard mental competency procedures for eligible misdemeanor offenders.

Senate Bill 259 revises the statute of limitations for certain claims made against the state of Michigan. While most claims against the state remain subject to a three-year filing deadline, this bill specifically exempts claims related to criminal sexual conduct violations from this general time limit (MCL 600.5851b). The bill makes these changes retroactive, applying to relevant legal actions that are currently pending or are filed in the future. This legislation is tied to two other Senate Bills and will only take effect if they are also enacted.

Senate Bill 114 allows counties or regions in Michigan to create vulnerable adult multidisciplinary teams. These teams, comprising public and private professionals such as law enforcement, adult protective services, and healthcare providers, are designed to prevent, investigate, and prosecute the abuse and financial exploitation of vulnerable adults. The bill permits team members to share information for their duties, but requires strict confidentiality and sworn statements. Importantly, the information and records produced by these teams are exempt from public disclosure under the Freedom of Information Act, and their meetings are not subject to the Open Meetings Act.

Senate Bill 112 amends Michigan's penal code to expand the definition of "racketeering." The bill specifically adds the crime of embezzlement from a vulnerable adult to the list of offenses that can be considered racketeering activity. This change means that individuals who commit embezzlement against vulnerable adults could be prosecuted under racketeering laws, which are typically associated with organized crime and may carry more severe penalties. The bill aims to strengthen legal protections against the financial exploitation of vulnerable adults.

SB 113 amends Michigan's penal code to address the financial exploitation of vulnerable adults. The bill makes it illegal to obtain or use a vulnerable adult's money or property through fraud, deceit, or coercion for personal benefit, and extends this prohibition to include acts committed against their estate after death. It establishes a tiered system of penalties, ranging from misdemeanors to felonies, based on the value of the money or property involved and the offender's prior convictions. This legislation provides increased legal consequences for individuals who financially abuse vulnerable adults and their estates.