(a) A circuit court or district court that determines, on the circuit court's or district court's own motion or upon application by a person charged with but not yet convicted of a criminal offense in the court, that the person may be better served in a mental health specialty court program may transfer the case to the mental health specialty court if the person charged with the criminal offense would otherwise be eligible to enter into a mental health specialty court program.
(b)
(1) The person charged with a criminal offense whose case the circuit court or district court is attempting to transfer to a mental health specialty court may oppose the transfer.
(2)
(A) A person who opposes a transfer of his or her case to a mental health specialty court under this subsection shall be appointed counsel if he or she has not already retained counsel or had counsel retained for him or her by another person or entity.
(B) If after consulting his or her counsel the person still opposes the transfer of his or her case to a mental health specialty court, the case shall remain on the current docket and shall proceed under the normal course of that circuit court's or district court's docket.
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