Bill Text: MI HB4524 | 2023-2024 | 102nd Legislature | Chaptered
Bill Title: Courts: drug court; termination procedure for drug treatment courts; modify. Amends sec. 1074 of 1961 PA 236 (MCL 600.1074).
Spectrum: Partisan Bill (Democrat 21-0)
Status: (Passed) 2024-03-12 - Assigned Pa 14'24 With Immediate Effect [HB4524 Detail]
Download: Michigan-2023-HB4524-Chaptered.html
Act No. 14
Public Acts of 2024
Approved by the Governor
March 12, 2024
Filed with the Secretary of State
March 12, 2024
EFFECTIVE DATE: June 10, 2024
state of michigan
102nd Legislature
Regular session of 2024
Introduced by Reps. Andrews, Breen, Byrnes, Glanville, Conlin, Hope, Brabec, Arbit, MacDonell, Steckloff, Tyrone Carter, Liberati, Tsernoglou, Wilson, Hood, Dievendorf, Hill, Coffia, Snyder, Morse and Aiyash
ENROLLED HOUSE BILL No. 4524
AN ACT to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” by amending section 1074 (MCL 600.1074), as added by 2004 PA 224.
The People of the State of Michigan enact:
Sec. 1074. (1) To continue to participate in and successfully complete a drug treatment court program, an individual must comply with all of the following:
(a) Pay all court ordered fines and costs, including minimum state costs.
(b) Pay the drug treatment court fee allowed under section 1070(4).
(c) Pay all court ordered restitution.
(d) Pay all crime victims’ rights assessments under section 5 of 1989 PA 196, MCL 780.905.
(e) Comply with all court orders, violations of which may be sanctioned at the court’s discretion.
(2) The drug treatment court must be notified if the participant is accused of a new crime, and the judge shall consider whether to terminate the participant’s participation in the drug treatment program in conformity with the memorandum of understanding under section 1062. If the participant is convicted of a felony for an offense that occurred after the defendant is admitted to drug treatment court, the judge shall terminate the participant’s participation in the program unless, after consultation with the treatment team and the agreement of the prosecuting attorney, the judge decides to continue the participant in the program.
(3) The court shall require that a participant pay all fines,
costs, the fee, restitution, and assessments described in subsection (1)(a) to
(d) and pay all, or make substantial contributions toward payment of, the costs
of the treatment and the drug treatment court program services provided to the
participant, including, but not limited to, the costs of urinalysis and such
testing or any counseling provided. However, if the court determines that the
payment of fines, the fee, or costs of treatment under this subsection would be
a substantial hardship for the individual or would interfere with the individual’s
substance abuse treatment, the court may waive all or part of those fines, the
fee, or costs of treatment.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
This
act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved___________________________________________
____________________________________________________
Governor
