Bill Text: MI HB6155 | 2017-2018 | 99th Legislature | Introduced


Bill Title: Crimes; criminal sexual conduct; sex trade solicitation prevention court; establish. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding ch. 84A.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-08-15 - Bill Electronically Reproduced 06/12/2018 [HB6155 Detail]

Download: Michigan-2017-HB6155-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 6155

 

 

June 12, 2018, Introduced by Reps. Cochran, Sabo, Chang, Lasinski, Geiss, Greig, Green, Pagan, Yancey, Gay-Dagnogo, Wittenberg, Rabhi and Jones and referred to the Committee on Law and Justice.

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

(MCL 600.101 to 600.9947) by adding chapter 84A.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

CHAPTER 84A.

 

SEX TRADE SOLICITATION PREVENTION COURT

 

     Sec. 8451. (1) The district court in any judicial district may

 

adopt or institute a sex trade solicitation prevention court,

 

pursuant to statute or court rules. However, if the sex trade

 

solicitation prevention court will include in its program

 

individuals who may be eligible for discharge and dismissal of an

 

offense, delayed sentence, or deviation from the sentencing

 

guidelines, the district court shall not adopt or institute the sex

 

trade solicitation prevention court unless the district court

 


enters into a memorandum of understanding with each participating

 

prosecuting attorney in the district court district, a

 

representative of the criminal defense bar, and a representative or

 

representatives of community treatment providers. The memorandum of

 

understanding also may include other parties considered necessary,

 

such as any other prosecutor in the district court district, local

 

law enforcement, the probation departments in that district, the

 

county health department, a domestic violence service provider

 

program that receives funding from the Michigan domestic and sexual

 

violence prevention and treatment board, and community corrections

 

agencies in that district. The memorandum of understanding must

 

describe the role of each party.

 

     (2) The family division of circuit court in any judicial

 

circuit may adopt or institute a juvenile sex trade solicitation

 

prevention court, pursuant to statute or court rules. However, if

 

the sex trade solicitation prevention court will include in its

 

program individuals who may be eligible for discharge or dismissal

 

of an offense, or a delayed sentence, the family division of

 

circuit court shall not adopt or institute a juvenile sex trade

 

solicitation prevention court unless the family division of circuit

 

court enters into a memorandum of understanding with each

 

participating county prosecuting attorney in the district court

 

district, a representative of the criminal defense bar specializing

 

in juvenile law, and a representative or representatives of

 

community treatment providers. The memorandum of understanding also

 

may include other parties considered necessary, such as any other

 

prosecutor in the district court district, local law enforcement,


the probation departments in that circuit, the county health

 

department, a domestic violence service provider program that

 

receives funding from the Michigan domestic and sexual violence

 

prevention and treatment board, and community corrections agencies

 

in that circuit. The memorandum of understanding must describe the

 

role of each party. A juvenile sex trade solicitation prevention

 

court is subject to the same procedures and requirements provided

 

in this chapter for sex trade solicitation prevention courts

 

created under this subsection or subsection (1), except as

 

specifically provided otherwise in this chapter.

 

     (3) A court that is adopting a sex trade solicitation

 

prevention court shall participate in training as required by the

 

state court administrative office and the bureau of justice

 

assistance of the United States Department of Justice.

 

     (4) A court that has adopted a sex trade solicitation

 

prevention court under this section may accept participants from

 

any other jurisdiction in this state based upon either the

 

residence of the participant in the receiving jurisdiction or the

 

unavailability of a sex trade solicitation prevention court in the

 

jurisdiction where the participant is charged. The transfer is not

 

valid unless it is agreed to by all of the following:

 

     (a) The defendant or respondent.

 

     (b) The attorney representing the defendant or respondent.

 

     (c) The judge of the transferring court and the prosecutor of

 

the case.

 

     (d) The judge of the receiving sex trade solicitation

 

prevention court and the prosecutor of a court funding unit of the


sex trade solicitation prevention court.

 

     Sec. 8452. A sex trade solicitation prevention court may hire

 

or contract with licensed or accredited treatment providers, in

 

consultation and cooperation with the local substance abuse

 

coordinating agency, and other such appropriate persons to assist

 

the sex trade solicitation prevention court in fulfilling its

 

requirements under this chapter, such as the investigation of an

 

individual's background or circumstances, or the clinical

 

evaluation of an individual, for his or her admission into or

 

participation in a sex trade solicitation prevention court.

 

     Sec. 8453. (1) Each sex trade solicitation prevention court

 

shall determine whether an individual may be admitted to the court.

 

No individual has a right to be admitted into a sex trade

 

solicitation prevention court. However, an individual is not

 

eligible for admission into a sex trade solicitation prevention

 

court if he or she is a violent offender.

 

     (2) In addition to admission to a sex trade solicitation

 

prevention court under this act, an individual who is eligible for

 

admission under this act may also be admitted to a sex trade

 

solicitation prevention court under any of the following

 

circumstances:

 

     (a) The individual has been assigned the status of youthful

 

trainee under section 11 of chapter II of the code of criminal

 

procedure, 1927 PA 175, MCL 762.11.

 

     (b) The individual has had criminal proceedings against him or

 

her deferred and has been placed on probation under any of the

 

following:


     (i) Section 7411 of the public health code, 1978 PA 368, MCL

 

333.7411.

 

     (ii) Section 4a of chapter IX of the code of criminal

 

procedure, 1927 PA 175, MCL 769.4a.

 

     (iii) Section 1 of chapter XI of the code of criminal

 

procedure, 1927 PA 175, MCL 771.1.

 

     (3) To be admitted to a sex trade solicitation prevention

 

court, an individual must cooperate with and complete a

 

preadmission screening and evaluation assessment and must agree to

 

cooperate with any future evaluation assessment as directed by the

 

sex trade solicitation prevention court. A preadmission screening

 

and evaluation assessment must include all of the following:

 

     (a) A complete review of the individual's criminal history,

 

and a review of whether or not the individual has been admitted to

 

and has participated in or is currently participating in a sex

 

trade solicitation prevention court, whether admitted under this

 

act or under section 11 of chapter II of the code of criminal

 

procedure, 1927 PA 175, MCL 762.11, section 4a of chapter IX of the

 

code of criminal procedure, 1927 PA 175, MCL 769.4a, or section 1

 

of chapter XI of the code of criminal procedure, 1927 PA 175, MCL

 

771.1, and the results of the individual's participation. A review

 

of the law enforcement information network may be considered

 

sufficient for purposes of this subdivision unless a further review

 

is warranted. The court may accept other verifiable and reliable

 

information from the prosecution or defense to complete its review

 

and may require the individual to submit a statement as to whether

 

or not he or she has previously been admitted to a sex trade


solicitation prevention court and the results of his or her

 

participation in the prior program or programs.

 

     (b) An assessment of the risk of danger or harm to the

 

individual, others, or the community.

 

     (c) As much as practicable, a complete review of the

 

individual's history.

 

     (d) A review of any special needs or circumstances of the

 

individual that may potentially affect the individual's ability to

 

receive treatment and follow the court's orders.

 

     (e) For a juvenile, an assessment of the family situation

 

including, as much as practicable, a comparable review of any

 

guardians or parents.

 

     (4) Except as otherwise permitted in this act, any statement

 

or other information obtained as a result of participating in a

 

preadmission screening and evaluation assessment under subsection

 

(3) is confidential and is exempt from disclosure under the freedom

 

of information act, 1976 PA 442, MCL 15.231 to 15.246, and must not

 

be used in a criminal prosecution.

 

     (5) The court may request that the department of state police

 

provide to the court information contained in the law enforcement

 

information network pertaining to an individual applicant's

 

criminal history for the purposes of determining an individual's

 

admission into the sex trade solicitation prevention court and

 

general criminal history review, including whether the individual

 

has previously been admitted to and participated in a sex trade

 

solicitation prevention court under this act, or under section 11

 

of chapter II of the code of criminal procedure, 1927 PA 175, MCL


762.11, section 4a of chapter IX of the code of criminal procedure,

 

1927 PA 175, MCL 769.4a, or section 1 of chapter XI of the code of

 

criminal procedure, 1927 PA 175, MCL 771.1, and the results of the

 

individual's participation. The department of state police shall

 

provide the information requested by a sex trade solicitation

 

prevention court under this subsection.

 

     Sec. 8454. Before an individual is admitted into a sex trade

 

solicitation prevention court, the court shall find on the record,

 

or place a statement in the court file pertaining to, all of the

 

following:

 

     (a) The individual has not been previously convicted of any of

 

the following:

 

     (i) A crime involving the solicitation of another to engage in

 

unlawful sexual activity for money or other consideration.

 

     (ii) A crime that is designated as a felony, as that term is

 

defined in section 7 of the Michigan penal code, 1931 PA 328, MCL

 

750.7.

 

     (b) The individual understands the consequences of entering

 

the sex trade solicitation prevention court and agrees to comply

 

with all court orders and requirements of the court's program and

 

treatment providers.

 

     (c) The individual is not an unwarranted or substantial risk

 

to the safety of the public or any individual, based upon the

 

screening and assessment or other information presented to the

 

court.

 

     (d) The individual is not a violent offender.

 

     (e) The individual has completed a preadmission screening and


evaluation assessment under this chapter and has agreed to

 

cooperate with any future evaluation assessment as directed by the

 

sex trades solicitation prevention court.

 

     (f) The individual meets the requirements, if applicable,

 

under section 11 of chapter II of the code of criminal procedure,

 

1927 PA 175, MCL 762.11, section 4a of chapter IX of the code of

 

criminal procedure, 1927 PA 175, MCL 769.4a, or section 1 of

 

chapter XI of the code of criminal procedure, 1927 PA 175, MCL

 

771.1.

 

     (g) The terms, conditions, and duration of the agreement

 

between the parties, especially as to the outcome for the

 

participant of the sex trade solicitation prevention court upon

 

successful completion by the participant or termination of

 

participation.

 

     Sec. 8455. (1) If the individual being considered for

 

admission to a sex trade solicitation prevention court is charged

 

in a criminal case or, in the case of a juvenile, is alleged to

 

have engaged in activity that would constitute a criminal act if

 

committed by an adult, his or her admission is subject to all of

 

the following conditions:

 

     (a) The offense or offenses allegedly committed by the

 

individual must be related to the sex trade.

 

     (b) The individual, if an adult, must plead guilty to the

 

charge or charges on the record. The individual, if a juvenile,

 

must admit responsibility for the violation or violations that he

 

or she is accused of having committed.

 

     (c) The individual must waive, in writing, the right to a


speedy trial, the right to representation at sex trade solicitation

 

prevention court review hearings by an attorney, and, with the

 

agreement of the prosecutor, the right to a preliminary

 

examination.

 

     (d) The individual must sign a written agreement to

 

participate in the sex trade solicitation prevention court.

 

     (2) In the case of an individual who will be eligible for

 

discharge and dismissal of an offense, delayed sentence, or

 

deviation from the sentencing guidelines, the prosecutor must

 

approve of the admission of the individual into the sex trade

 

solicitation prevention court in conformity with the memorandum of

 

understanding under section 8451.

 

     (3) An individual must not be admitted to, or remain in, a sex

 

trade solicitation prevention court under an agreement that would

 

permit a discharge or dismissal of a traffic offense upon

 

successful completion of the sex trade solicitation prevention

 

court program.

 

     (4) In addition to rights accorded a victim under the William

 

Van Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.751

 

to 780.834, the sex trade solicitation prevention court shall

 

permit any victim of the offense or offenses of which the

 

individual is charged, any victim of a prior offense of which that

 

individual was convicted, and members of the community either in

 

which the offenses were committed or in which the defendant resides

 

to submit a written statement to the court regarding the

 

advisability of admitting the individual into the sex trade

 

solicitation prevention court.


     (5) An individual who has waived his or her right to a

 

preliminary examination and has pled guilty or, in the case of a

 

juvenile, has admitted responsibility, as part of his or her

 

application to a sex trade solicitation prevention court and who is

 

not admitted to a sex trade solicitation prevention court, must be

 

permitted to withdraw his or her plea and is entitled to a

 

preliminary examination or, in the case of a juvenile, must be

 

permitted to withdraw his or her admission of responsibility.

 

     Sec. 8456. (1) Upon admitting an individual into a sex trade

 

solicitation prevention court, all of the following apply:

 

     (a) For an individual who is admitted to a sex trade

 

solicitation prevention court based upon having criminal charges

 

currently filed against him or her, the court shall accept the plea

 

of guilty or, in the case of a juvenile, the admission of

 

responsibility.

 

     (b) For an individual who pled guilty to, or admitted

 

responsibility for, criminal charges for which he or she was

 

admitted into the sex trade solicitation prevention court, the

 

court shall do either of the following:

 

     (i) In the case of an individual who pled guilty to an offense

 

that is not a traffic offense and who may be eligible for discharge

 

and dismissal under the agreement with the court and prosecutor

 

upon successful completion of the sex trade solicitation prevention

 

court program, the court shall not enter a judgment of guilt or, in

 

the case of a juvenile, shall not enter an adjudication of

 

responsibility.

 

     (ii) In the case of an individual who pled guilty to a traffic


offense or who pled guilty to an offense but may not be eligible

 

for discharge and dismissal under the agreement with the court and

 

prosecutor upon successful completion of the sex trade solicitation

 

prevention court program, the court shall enter a judgment of guilt

 

or, in the case of a juvenile, shall enter an adjudication of

 

responsibility.

 

     (c) Under the agreement with the individual and the

 

prosecutor, the court may either defer further proceedings as

 

provided in section 1 of chapter XI of the code of criminal

 

procedure, 1927 PA 175, MCL 771.1, or proceed to sentencing, as

 

applicable in that case pursuant to that agreement, and place the

 

individual on probation or other court supervision in the sex trade

 

solicitation prevention court program with terms and conditions

 

according to the agreement and as deemed necessary by the court.

 

     (2) The court shall maintain jurisdiction over the sex trade

 

solicitation prevention court participant as provided in this act

 

until final disposition of the case, but not longer than the

 

probation period fixed under section 2 of chapter XI of the code of

 

criminal procedure, 1927 PA 175, MCL 771.2. In the case of a

 

juvenile participant, the court may obtain jurisdiction over any

 

parents or guardians of the juvenile in order to assist in ensuring

 

the juvenile's continued participation and successful completion of

 

the sex trade solicitation prevention court, and may issue and

 

enforce any appropriate and necessary order regarding the parent or

 

guardian of a juvenile participant.

 

     (3) The sex trade solicitation prevention court shall

 

cooperate with, and act in a collaborative manner with, the


prosecutor, defense counsel, treatment providers, county health

 

department, probation departments, and, to the extent possible,

 

local law enforcement, the department of corrections, and community

 

corrections agencies.

 

     (4) The sex trade solicitation prevention court may require an

 

individual admitted into the court to pay a reasonable sex trade

 

solicitation prevention court fee that is reasonably related to the

 

cost to the court for administering the sex trade solicitation

 

prevention court program as provided in the memorandum of

 

understanding under section 8451. The clerk of the sex trade

 

solicitation prevention court shall transmit the fees collected to

 

the treasurer of the local funding unit at the end of each month.

 

     (5) The sex trade solicitation prevention court may request

 

that the department of state police provide to the court

 

information contained in the law enforcement information network

 

pertaining to an individual applicant's criminal history for

 

purposes of determining the individual's compliance with all court

 

orders. The department of state police shall provide the

 

information requested by a sex trade solicitation prevention court

 

under this subsection.

 

     (6) A sex trade solicitation prevention court shall ensure all

 

of the following:

 

     (a) That an individual who is eligible for the sex trade

 

solicitation prevention court is provided with legal counsel before

 

volunteering to proceed with the sex trade solicitation prevention

 

court programming.

 

     (b) That a participant is allowed to withdraw from the sex


trade solicitation prevention court at any time before trial on the

 

merits is initiated.

 

     (c) That each participant is provided with information,

 

counseling, and services relating to sex addiction, sexually

 

transmitted diseases, mental health, substance abuse, the impact of

 

soliciting sex and pandering on communities and on survivors, the

 

risks of victimization, anger management, the link between

 

prostitution and human trafficking, and any other topic relating to

 

the health and welfare of vulnerable individuals involved in the

 

sex trade.

 

     (d) That each participant is provided with classroom

 

instruction related to the prevention of prostitution.

 

     (7) To carry out the provisions of subsection (6), a sex trade

 

solicitation prevention court may employ or contract with a person

 

or solicit a volunteer who is 1 of the following:

 

     (a) A health care professional.

 

     (b) A psychologist.

 

     (c) A licensed social worker or counselor.

 

     (d) A former prostituted person.

 

     (e) A family member of a person arrested for soliciting

 

prostitution.

 

     (f) A member of a neighborhood association or community that

 

is adversely affected by the sex trade.

 

     (g) An employee of a nongovernmental organization specializing

 

in advocacy or laws related to sex trafficking or human

 

trafficking, as that term is described in chapter LXVIIA of the

 

Michigan penal code, 1931 PA 328, MCL 750.462a to 750.462h.


     Sec. 8457. (1) A sex trade solicitation prevention court shall

 

provide a sex trade solicitation prevention court participant with

 

all of the following:

 

     (a) Consistent, continual, and close monitoring of the

 

participant and interaction among the court, treatment providers,

 

probation, and participant.

 

     (b) Periodic evaluation assessments of the participant's

 

circumstances and progress in the program.

 

     (c) A regimen or strategy of appropriate and graduated but

 

immediate rewards for compliance and sanctions for noncompliance,

 

including, but not limited to, the possibility of incarceration or

 

confinement.

 

     (d) Sex trade solicitation prevention treatment services,

 

relapse prevention services, education, and vocational

 

opportunities as appropriate and practicable.

 

     (2) Any statement or other information obtained as a result of

 

participating in assessment, treatment, or testing while in a sex

 

trade solicitation prevention court is confidential and is exempt

 

from disclosure under the freedom of information act, 1976 PA 442,

 

MCL 15.231 to 15.246, and must not be used in a criminal

 

prosecution.

 

     Sec. 8458. (1) In order to continue to participate in and

 

successfully complete a sex trade solicitation prevention court

 

program, a participant shall comply with all of the following:

 

     (a) Pay all court-ordered fines and costs, including minimum

 

state costs.

 

     (b) Pay the sex trade solicitation prevention court fee


allowed under section 8456.

 

     (c) Pay all court-ordered restitution.

 

     (d) Pay all crime victim's rights assessments under section 5

 

of 1989 PA 196, MCL 780.905.

 

     (e) Comply with all court orders, violations of which may be

 

sanctioned according to the court's discretion.

 

     (2) The sex trade solicitation prevention 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 sex trade solicitation prevention program in

 

conformity with the memorandum of understanding under section 8451.

 

If the participant is convicted of a felony for an offense that

 

occurred after the defendant is admitted to the sex trade

 

solicitation prevention court, the judge shall terminate the

 

participant's participation in the program.

 

     (3) The court shall require that a participant pay all fines,

 

costs, fees, 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 sex trade

 

solicitation prevention court program services provided to the

 

participant, including, but not limited to, the costs of such

 

testing or any counseling provided. However, if the court

 

determines that the payment of fines, fees, 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, fees, or

 

costs of treatment.


     Sec. 8459. (1) Upon completion or termination of the sex trade

 

solicitation prevention court program, the court shall find on the

 

record or place a written statement in the court file as to whether

 

the participant completed the program successfully or whether the

 

individual's participation in the program was terminated and, if it

 

was terminated, the reason for the termination.

 

     (2) For a participant who successfully completes probation or

 

other court supervision and whose proceedings were deferred or who

 

was sentenced under section 8456, the court shall comply with the

 

agreement made with the participant upon admission into the sex

 

trade solicitation prevention court, or the agreement as it was

 

altered after admission by the court with approval of the

 

participant and the prosecutor for that jurisdiction as provided in

 

subsections (3) to (8).

 

     (3) If an individual is participating in a sex trade

 

solicitation prevention court under section 11 of chapter II of the

 

code of criminal procedure, 1927 PA 175, MCL 762.11, section 4a of

 

chapter IX of the code of criminal procedure, 1927 PA 175, MCL

 

769.4a, or section 1 of chapter XI of the code of criminal

 

procedure, 1927 PA 175, MCL 771.1, the court shall proceed under

 

the applicable section of law. There may only be 1 discharge or

 

dismissal under this subsection.

 

     (4) Except as provided in subsection (5), the court, with the

 

agreement of the prosecutor and in conformity with the terms and

 

conditions of the memorandum of understanding under section 8451,

 

may discharge and dismiss the proceedings against an individual who

 

meets all of the following criteria:


     (a) The individual has participated in a sex trade

 

solicitation prevention court for the first time.

 

     (b) The individual has successfully completed the terms and

 

conditions of the sex trade solicitation prevention court program.

 

     (c) The individual is not required by law to be sentenced to a

 

correctional facility for the crimes to which he or she has pled

 

guilty.

 

     (d) The individual is not currently charged with and has not

 

pled guilty to a traffic offense.

 

     (e) The individual has not previously been subject to more

 

than 1 of any of the following:

 

     (i) Assignment to the status of youthful trainee under section

 

11 of chapter II of the code of criminal procedure, 1927 PA 175,

 

MCL 762.11.

 

     (ii) The dismissal of criminal proceedings against him or her

 

under section 4a of chapter IX of the code of criminal procedure,

 

1927 PA 175, MCL 769.4a.

 

     (5) The court may grant a discharge and dismissal of a

 

domestic violence offense only if all of the following

 

circumstances apply:

 

     (a) The individual has not previously had proceedings

 

dismissed under section 4a of chapter IX of the code of criminal

 

procedure, 1927 PA 175, MCL 769.4a.

 

     (b) The domestic violence offense is eligible to be dismissed

 

under section 4a of chapter IX of the code of criminal procedure,

 

1927 PA 175, MCL 769.4a.

 

     (c) The individual fulfills the terms and conditions imposed


under section 4a of chapter IX of the code of criminal procedure,

 

1927 PA 175, MCL 769.4a, and the discharge and dismissal of

 

proceedings are processed and reported under section 4a of chapter

 

IX of the code of criminal procedure, 1927 PA 175, MCL 769.4a.

 

     (6) A discharge and dismissal under subsection (4) must be

 

without adjudication of guilt or, for a juvenile, without

 

adjudication of responsibility and are not a conviction or a

 

finding of responsibility for purposes of this section or for

 

purposes of disqualifications or disabilities imposed by law upon

 

conviction of a crime or, for a juvenile, a finding of

 

responsibility. There may only be 1 discharge and dismissal under

 

subsection (4) for an individual. The court shall send a record of

 

the discharge and dismissal to the criminal justice information

 

center of the department of state police, and the department of

 

state police shall enter that information into the law enforcement

 

information network with an indication of participation by the

 

individual in a sex trade solicitation prevention court. All

 

records of the proceedings regarding the participation of the

 

individual in the sex trade solicitation prevention court under

 

subsection (4) are closed to public inspection and are exempt from

 

public disclosure under the freedom of information act, 1976 PA

 

442, MCL 15.231 to 15.246.

 

     (7) Except as provided in subsection (3), (4), or (5), if an

 

individual has successfully completed probation or other court

 

supervision, the court shall do the following:

 

     (a) If the court has not already entered an adjudication of

 

guilt or responsibility, enter an adjudication of guilt or, in the


case of a juvenile, enter a finding or adjudication of

 

responsibility.

 

     (b) If the court has not already sentenced the individual,

 

proceed to sentencing or, in the case of a juvenile, disposition

 

pursuant to the agreement.

 

     (c) Send a record of the conviction and sentence or the

 

finding or adjudication of responsibility and disposition to the

 

criminal justice information center of the department of state

 

police. The department of state police shall enter that information

 

into the law enforcement information network with an indication of

 

successful participation by the individual in a sex trade

 

solicitation prevention court.

 

     (8) For a participant whose participation is terminated or who

 

fails to successfully complete the sex trade solicitation

 

prevention court program, the court shall enter an adjudication of

 

guilt, or, in the case of a juvenile, a finding of responsibility,

 

if the entering of guilt or adjudication of responsibility was

 

deferred under section 8456, and shall then proceed to sentencing

 

or disposition of the individual for the original charges to which

 

the individual pled guilty or, if a juvenile, to which the juvenile

 

admitted responsibility prior to admission to the sex trade

 

solicitation prevention court. Upon sentencing or disposition of

 

the individual, the court shall send a record of that sentence or

 

disposition and the individual's unsuccessful participation in the

 

sex trade solicitation prevention court to the criminal justice

 

information center of the department of state police, and the

 

department of state police shall enter that information into the


law enforcement information network, with an indication that the

 

individual unsuccessfully participated in a sex trade solicitation

 

prevention treatment court.

 

     (9) All court proceedings under this section must be open to

 

the public. Except as provided in subsection (10), if the record of

 

proceedings as to the defendant is deferred under this section, the

 

record of proceedings during the period of deferral must be closed

 

to public inspection.

 

     (10) Unless the court enters a judgment of guilt or an

 

adjudication of responsibility under this section, the department

 

of state police shall retain a nonpublic record of the arrest,

 

court proceedings, and disposition of the criminal charge under

 

this section. However, the nonpublic record must be open to the

 

following individuals and entities for the purposes noted:

 

     (a) The courts of this state, law enforcement personnel, the

 

department of corrections, and prosecuting attorneys for use only

 

in the performance of their duties or to determine whether an

 

employee of the court, law enforcement agency, department of

 

corrections, or prosecutor's office has violated his or her

 

conditions of employment or whether an applicant meets criteria for

 

employment with the court, law enforcement agency, department of

 

corrections, or prosecutor's office.

 

     (b) The courts of this state, law enforcement personnel, and

 

prosecuting attorneys for the purpose of showing that a defendant

 

has already once availed himself or herself of this section.

 

     (c) The department of health and human services for enforcing

 

child protection laws and vulnerable adult protection laws or


ascertaining the preemployment criminal history of any individual

 

who will be engaged in the enforcement of child protection laws or

 

vulnerable adult protection laws.

 

     Sec. 8460. (1) Each sex trade solicitation prevention court

 

shall collect and provide data on each individual applicant and

 

participant and the entire program as required by the state court

 

administrative office.

 

     (2) Each sex trade solicitation prevention court shall

 

maintain files or databases on each individual applicant or

 

referral who is denied or refused admission to the program,

 

including the reasons for the denial or rejection, the criminal

 

history of the applicant, the preadmission evaluation and

 

assessment, and other demographic information as required by the

 

state court administrative office.

 

     (3) Each sex trade solicitation prevention court shall

 

maintain files or databases on each individual participant in the

 

program for review and evaluation as well as treatment, as directed

 

by the state court administrative office. The information collected

 

for evaluation purposes must include a minimum standard data set

 

developed and specified by the state court administrative office.

 

This information should be maintained in the court files or

 

otherwise accessible by the courts and the state court

 

administrative office and, as much as practicable, should include

 

all of the following:

 

     (a) Location and contact information for each individual

 

participant, upon admission and termination or completion of the

 

program for follow-up reviews, and third-party contact information.


     (b) Significant transition point dates, including dates of

 

referral, enrollment, new court orders, violations, detentions,

 

changes in services or treatments provided, discharge for

 

completion or termination, any provision of aftercare, and after-

 

program recidivism.

 

     (c) The individual's precipitating offenses and significant

 

factual information, source of referral, and all sex trade

 

solicitation prevention court evaluations and assessments.

 

     (d) Treatments provided, including intensity of care or

 

dosage, and their outcomes.

 

     (e) Other services or opportunities provided to the individual

 

and resulting use by the individual, such as education or

 

employment and the participation of and outcome for that

 

individual.

 

     (f) Reasons for discharge, completion, or termination of the

 

program.

 

     (4) As directed by the state court administrative office,

 

after an individual is discharged upon either completion or

 

termination of the program, the sex trade solicitation prevention

 

court should conduct, as much as practicable, follow-up contacts

 

with and reviews of participants for key outcome indicators, such

 

as drug use, recidivism, and employment, as frequently and for a

 

period of time determined by the state court administrative office

 

based upon the nature of the sex trade solicitation prevention

 

court and the nature of the participant. These follow-up contacts

 

and reviews of former participants are not extensions of the

 

court's jurisdiction over the individuals.


     (5) Each sex trade solicitation prevention court shall provide

 

to the state court administrative office all information requested

 

by the state court administrative office.

 

     (6) With the approval and at the discretion of the supreme

 

court, the state court administrative office is responsible for

 

evaluating and collecting data on the performance of sex trade

 

solicitation prevention courts in this state as follows:

 

     (a) The state court administrative office shall provide an

 

annual review of the performance of sex trade solicitation

 

prevention treatment courts in this state to the minority and

 

majority party leaders in the senate and house of representatives,

 

the governor, and the supreme court.

 

     (b) The state court administrative office shall provide

 

standards for sex trade solicitation prevention courts in this

 

state, including, but not limited to, developing a list of approved

 

measurement instruments and indicators for data collection and

 

evaluation. These standards must provide comparability between

 

programs and their outcomes.

 

     (c) The state court administrative office's evaluation plans

 

should include appropriate and scientifically valid research

 

designs, which, as soon as practicable, should include the use of

 

comparison and control groups.

 

     (7) The information collected under this section regarding

 

individual applicants to sex trade solicitation prevention court

 

programs for the purpose of application to that program and

 

participants who have successfully completed sex trade solicitation

 

prevention courts is exempt from disclosure under the freedom of


information act, 1976 PA 442, MCL 15.231 to 15.246.

 

     Sec. 8461. (1) The supreme court is responsible for the

 

expenditure of state funds for the establishment and operation of

 

sex trade solicitation prevention courts. Federal funds provided to

 

the state for the operation of sex trade solicitation prevention

 

courts must be distributed by the department of health and human

 

services or the appropriate state agency as otherwise provided by

 

law.

 

     (2) The state treasurer may receive money or other assets from

 

any source for deposit into the appropriate state fund or funds for

 

the purposes described in subsection (1).

 

     (3) Each sex trade solicitation prevention court shall report

 

quarterly to the state court administrative office on the funds

 

received and expended by that sex trade solicitation prevention

 

court, in a manner prescribed by the state court administrative

 

office.

 

     Sec. 8462. As used in this chapter:

 

     (a) "Sex trade" means the business of purchasing or exchanging

 

money or other consideration for unlawful sexual activity.

 

     (b) "Sex trade solicitation prevention court" means a court

 

adopted or instituted under this chapter.

 

     (c) "Violent offender" means an individual who meets either of

 

the following criteria:

 

     (i) Is currently charged with or has pled guilty to, or, if a

 

juvenile, is currently alleged to have committed or has admitted

 

responsibility for, an offense involving the death of or a serious

 

bodily injury to any individual, or the carrying, possessing, or


use of a firearm or other dangerous weapon by that individual,

 

whether or not any of these circumstances are an element of the

 

offense or constitute criminal sexual conduct of any degree.

 

     (ii) Has 1 or more prior convictions for, or, if a juvenile,

 

has 1 or more prior findings of responsibility for, a felony

 

involving the use or attempted use of force against another

 

individual with the intent to cause death or serious bodily harm.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

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