Prison Diversion Program for Drug Possession

Current understanding

HB 5453 of the 103rd Legislature proposes to amend the Code of Criminal Procedure (1927 PA 175, MCL 760.1 - 777.69) by adding section 21c to chapter XVI to create a prison diversion program for individuals charged with possession of controlled substances. The program would route eligible defendants away from incarceration, with potential implications for the safety-net and behavioral health system that receives diverted individuals. The bill has been introduced.

Evidence log

• 2026-01-15 — Criminal procedure: other; prison diversion program for individuals in the possession of controlled substances; create. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding sec. 21c to ch. XVI.: cross-connection with substance-use-disorder-program-licensing: A criminal-procedure diversion pathway for drug possession would likely funnel defendants into licensed SUD services programs, linking criminal justice reform to the health-side licensure regime. (novelty: 2)

Open questions

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