HomeMy WebLinkAboutResolutions - 1975.09.18 - 14906REPORT September 18, 1975
BY: GENERAL GOVERNMENT COMMITTEE - Henry W, Hoot, Chairman
IN RE: MISC. RES. #7080 - LAXITY IN MENTAL HEALTH LAWS
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairman, Ladies and Gentlemen:
The General Government Committee reports Miscellaneous Resolution
#7080 and concurs in the recommended changes in the Mental Health Code; and
further, recommends that said chanaes be made a part of the County's Legislative
Program.
The General Government Committee, by Henry W. Hoot, Chairman, moves
the acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
REPORT August 7, 1975
BY: HUMAN RESOURCES COMMITTEE - Wallace F. Gabler, Jr. , Chairman
IN RE: MISC. RES. #7080 - LAXITY IN MENTAL HEALTH LAWS
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairman, Ladies and Gentlemen:
The Human Resources Committee reports fv‘iscellaneol-. rl .
recommends concurrence in and compliance with said resolution.
The Human Resources Committee, by Wallace F. Gabler, Jr. , Chairman, moves
the acceptance of the foregoing report.
H:..AAN RESOURCES COMMITTEE
MISCELLANEOUS RESOLUTION #7080
IN RE: LAXITY IN MENTAL HEALTH LAWS
WHEREAS the residents of Oakland County are acutely aware and
deeply concerned with the release of dangerous mental patients
from the Department of Mental Health; and
WHEREAS certain individuals found not guilty in certain crimes
of violence because of insanity and have been released into society
shortly thereafter; and
WHEREAS in Oakland County, as well as neighboring counties,
these same individuals have committed subsequent acts of violence
upon the law abiding public who are concerned about this apparent
laxity in our mental health laws; and
WHEREAS the Oakland County Board of Commissioners have
expressed their concern with regard to the problem of dangerous
mental patients being permitted their freedom through defects in
the law; and
WHEREAS such problems emanate from either Michigan Supreme
Court decision of People vs McQuillan, 392 Mich 511 and/or the new
Mental Health Code;
NOW THEREFORE BE IT RESOLVED that this Commission appoint a
special committee to investigate the legal ramifications of the
McQuillan decision and the Mental Health Code; and
BE IT FURTHER RESOLVED that the Prosecuting Attorney, Civil
Counsel, Chief Judge of the Probate court, as well as interested
and concerned citizens be called before this investigative sub-
committee to determine what is needed to remedy the obviously
dangerous situation faced by the residents of Oakland County; and
BE IT FURTHER RESOLVED that this Commission recommend to the
State Legislature in Lansing, certain legislative proposals to
correct flaws in the existing legal structure which threatens the
very lives of the residents we serve.
- The areas considered with the specific.
are as follows:
i;:-.....idations of the Sub-C:
OAKLAND COUNTY OF -COMMISSICI77,13.5
1200 NORTH TELEGRAPH ROAD — PONTIAC, MICHIGAN 4S053 — (313) 8.1: 0100
MEMORAN DUM
July 15, 1975
TO: ALL MEMBERS HUMAN RESOURCES COMMITTEE
. FROM: John J. McDonald,. Chairman, Sub-Committee on Mental Health
SUBJECT: Conclusions and Recommendations of Sub-Cornrnittee -
The Sub-Committee on Mental Health met on four occasions and considered
various areas in the Mental Health Code that were considered by those in attendance to
be problem areas that needed revision. Those in attendance were as follows:
Sub -Committee Members - John J. McDonald, Chairman; Joseph R. Montante; Dana
F. \A/lison; William Travis, Ex-Officio, Probate Court; John Madole., Ex-
Officio, Community Mental Health; Robert Williams, Ex-Officio, Prosecutor's
Office; John Ross, Ex-Officio, Civil Counsel.
Observers - Betty J. Fortino; Honorabl-- Judge Adams; Joe Mullen; Dr. Larry L. Kampus,
M.D., P.C., Chairman Oc— .-d County Medical Society's Mental Health
Committee; Dr. Joseph Woh-l -1<o, M.D., P.C.; Ms. Adrienne James and
Ms. Kathryn C. Shade, American Civil Liberties Union.
. The definition of mental illness. Section 401 of the present
Code mentions mental illness, but no where defines it. The
Sub-Committee supported HB 4362, specifically section 400a,
wherein mental illness is defined. The Sub -Committee also
favored the addition of Section 400c in HB 4362, which allows
for involuntary committment for those persons mentally ill and
requiring treatment who are unable to understand their need
for treatment.
Lourr, uporl
7. With regard to
revision to the s
Sub..-Comm:ee recommends
to thE.-.. t!-.e Court
r
MEMORANDUM
Conclusions &
2. The Sub-Comtte supports revision to Section 455,...!Hh
would all: Court to proceed without the pres,,:nc , -f
the subject of petition under certain limited conditions.
Specifically, the Sub-Comrde would recommend that
wording E.-- to r:::ction ' _sw the
hearing cannot , --c. --t p- Rise.
his presence at the heai ing ,ould be inu 1OU 0 !f/to
order his removal from the courtroom (the judge -null'
hove the right to order his removal from the cou . L.nd
proceed with the hearing.
3. The Stk-Committee - the following wording
be added in Section 458: "Jul,- d- must be made within
48 hours of the h-aring. IF demon is not ma within 48
hours, the is entitled to on aJir It of no
more than fly,' s within which to impon a fury if
necessary."
4. The Sub--Committee supports SB 330 which amends Section 461
of the present Code to allow for of a physician to
be used in a hearing in lieu of the - - of the physician.
5. Periodic Review. The Sub-Cornrnittoe recommends revision
to sections on periodic review. The Sub-Committee's feelings
were that review should not he automatic, especially if the
patient has not improved at all since his
The Sub-Comrnifi--e realizes that this is -fi , area
one in which th5. are involved constit',': -s, ,,
the —ould recommend that ,r. int not .;ve
a jury trial on F---iodic reviews, if this is constitutionally permis-
sible, but rather that a panel of phy *c . '3 make a c! 'termination
that the patient no longer require- ' and s -,
6. The Sub-Committee Section 71:2 and rec.:
that this s.E.ction be amend-:d
nut in Th-l.•
or any tr.F.c7;-,-nent that would ch-,-
which be irreversible) f'.:q•
A copy of the report indicating 7:..1 to
the Court. Treatment is only to he for the
preventing the patient from injuring or when patient's
conduct would be. injurious to himself or QrOtir !
forward to the i.he "FIG!. season
flu Court of insanity." The Sub-rommT:' :2 er
MEMORAN DUtv,
Conclusions & Reco
forward the trial transcript itself, :.epc.)rt,
the prosecutor ond defense crneys H incapable of I
what facts the jury determin—rl Havant in returning a verdict of
"not guilty by reason of insclity,"
#7080 September 11, 1975
The Chairman announced pursuant to Rule XI-E the matter shall be
laid over to the next regular Board meeting.
#7080
Moved by Hoot supported by Page the report be accepted and that Resolution #7080
be adopted.
A sufficient majority having voted therefor, the report was accepted and
Resolution #7080 was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lynn D. Allen, Clerk of the County of Oakland and
having a seal, do hereby certify that I have compared the annexed copy of
Resolution #7080 adopted by the Oakland County Board of Commissioners at
their meeting held on September 18, 1975
with the original record thereof now remaining in my
office, and that it is a true and correct transcript
therefrom, and of the whole thereof.
In Testimony Whereof, I have hereunto set my hand and
affixed the seal of said County at Pontiac, Michigan
September 75
thi s ..........day of................19....
Lynn D.
Clerk