Mental Health Court Act

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1 HOUSE USE ONLY CHAIR: WITH / WITHOUT 3rd SESSION, 65th GENERAL ASSEMBLY Province of Prince Edward Island 67 ELIZABETH II, 2018 (Bill No. 117) Jamie Fox MLA PRIVATE MEMBER'S BILL Carol Mayne Acting Queen s Printer Charlottetown, Prince Edward Island

2 For House Use Only Prince Edward Island Legislative Assembly ASSEMBLY / SESSION / YEAR 65th General / 3rd / 2018 AMENDMENTS BILL NUMBER: 117 PAGE No. 2 of 6 PAGES TITLE: # SECTION AMENDMENT DATE NOTED: COMMITTEE CLERK CERTIFIED CORRECT: CHAIR, IN COMMITTEE

3 Section 1 MENTAL HEALTH COURT ACT BILL NO BE IT ENACTED by the Lieutenant Governor and the Legislative Assembly of the Province of Prince Edward Island as follows: 1. Mental Health Court, defined In this Act, Mental Health Court means the program established within the Provincial Court pursuant to section Establishment of Mental Health Court (1) Subject to section 5, the Government may, in collaboration with the Provincial Court, establish a program within the Provincial Court to be known as the Mental Health Court. Use of best practices (2) The Mental Health Court shall use the best practices of similar programs in effect in Canada to address cases where persons with a mental disorder or intellectual disability have been charged with a criminal offence within the jurisdiction of the Provincial Court. Proceedings (3) The Mental Health Court shall facilitate appropriate proceedings to (a) provide accused persons who have a mental disorder or intellectual disability with effective treatment and supports that involve the least restrictive intervention that is reasonable in the circumstances in the least restrictive environment that is appropriate; (b) protect the rights of the public, the rights of accused persons and the integrity of the criminal justice system; and (c) hold accused persons who have a mental disorder or intellectual disability and are found to be guilty of offences accountable for their behaviour. 3. Staffing Subject to section 5, the Government shall ensure that the Mental Health Court is staffed by permanent, dedicated judges, crown attorneys, duty counsel, mental health workers and social workers, and such psychiatrists, clerks and administrative assistants as are required. c t Page 3

4 Section 4 4. Regulations The Lieutenant Governor in Council may make regulations (a) respecting the operation of the Mental Health Court; (b) respecting proceedings in the Mental Health Court; (c) respecting eligibility requirements for accused persons to participate in the Mental Health Court; (d) defining any word or expression used but not defined in this Act; (e) respecting any matter or thing the Lieutenant Governor in Council considers necessary or advisable to carry out effectively the intent and purpose of this Act. 5. Funding The moneys required for the purpose of this Act shall be paid out of moneys appropriated by the Legislature for that purpose. Page 4 t c

5 EXPLANATORY NOTES EXPLANATORY NOTES SECTION 1 defines Mental Health Court for the purposes of this Act. SECTION 2 provides for the Government, in collaboration with the Provincial Court, to establish a Mental Health Court program within the Provincial Court to address cases where persons with a mental disorder or intellectual disability have been charged with a criminal offence within the jurisdiction of the Provincial Court. SECTION 3 provides for the staffing of a Mental Health Court. SECTION 4 provides for the Lieutenant Governor in Council to make regulations in relation to a Mental Health Court. SECTION 5 provides for the program to be funded from moneys appropriated for that purpose by the Legislature. c t Page 5

6 (Bill No. 117) STAGE: DATE: 1st Reading: November 15, nd Reading: To Committee: Reported: 3rd Reading and Pass: Assent: SIGNATURES: Honourable Antoinette Perry, Lieutenant Governor Honourable Francis (Buck) Watts, Speaker Charles H. MacKay, Clerk Jamie Fox MLA PRIVATE MEMBER'S BILL rd SESSION, 65th GENERAL ASSEMBLY

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