Bill Text: MI SB0435 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Courts; drug court; certification of drug treatment courts by the state court administrative office; require and provide certain definitions and for transferring jurisdiction of certain cases. Amends secs. 1060, 1062, 1070, 1084, 1095 & 1206 of 1961 PA 236 (MCL 600.1060 et seq.) & adds sec. 1088. TIE BAR WITH: SB 0436'17, SB 0437'17, SB 0438'17
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2017-11-28 - Assigned Pa 161'17 With Immediate Effect [SB0435 Detail]
Download: Michigan-2017-SB0435-Engrossed.html
SB-0435, As Passed House, October 26, 2017
HOUSE SUBSTITUTE FOR
SENATE BILL NO. 435
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 1060, 1062, 1070, 1084, 1095, and 1206 (MCL
600.1060, 600.1062, 600.1070, 600.1084, 600.1095, and 600.1206),
section 1060 as amended by 2006 PA 620, section 1062 as amended by
2010 PA 177, section 1070 as added by 2004 PA 224, section 1084 as
amended by 2013 PA 227, section 1095 as added by 2013 PA 276, and
section 1206 as added by 2012 PA 335, and by adding section 1088.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1060. As used in this chapter:
(a) "Dating relationship" means that term as defined in
section 2950.
(b) "Domestic violence offense" means any crime alleged to
have been committed by an individual against his or her spouse or
former spouse, an individual with whom he or she has a child in
common, an individual with whom he or she has had a dating
relationship, or an individual who resides or has resided in the
same household.
(c) "Drug treatment court" means a court supervised treatment
program for individuals who abuse or are dependent upon any
controlled substance or alcohol. A drug treatment court shall
comply with the 10 key components promulgated by the national
association of drug court professionals, which include all of the
following essential characteristics:
(i) Integration of alcohol and other drug treatment services
with justice system case processing.
(ii) Use of a nonadversarial approach by prosecution and
defense that promotes public safety while protecting any
participant's due process rights.
(iii) Identification of eligible participants early with
prompt placement in the program.
(iv) Access to a continuum of alcohol, drug, and other related
treatment and rehabilitation services.
(v) Monitoring of participants effectively by frequent alcohol
and other drug testing to ensure abstinence from drugs or alcohol.
(vi) Use of a coordinated strategy with a regimen of graduated
sanctions and rewards to govern the court's responses to
participants' compliance.
(vii) Ongoing close judicial interaction with each participant
and supervision of progress for each participant.
(viii) Monitoring and evaluation of the achievement of program
goals and the program's effectiveness.
(ix) Continued interdisciplinary education in order to promote
effective drug court planning, implementation, and operation.
(x) The forging of partnerships among other drug courts,
public agencies, and community-based organizations to generate
local support.
(d) "Participant" means an individual who is admitted into a
drug treatment court.
(e) "Prosecutor" means the prosecuting attorney of the county,
the city attorney, the village attorney, or the township attorney.
(f) "Traffic offense" means a violation of the Michigan
vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or a violation of
a local ordinance substantially corresponding to a violation of
that act, that involves the operation of a vehicle and, at the time
of the violation, is a felony or misdemeanor.
(g)
"Violent offender" means an individual who meets either of
the
following criteria:is
currently charged with or has pled guilty
to, or, if the individual is a juvenile, is currently alleged to
have committed or has admitted responsibility for, an offense
involving the death of or serious bodily injury to any individual,
whether or not any of the circumstances are an element of the
offense, or an offense that is criminal sexual conduct of any
degree.
(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 is 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.
Sec. 1062. (1) The circuit court in any judicial circuit or
the district court in any judicial district may adopt or institute
a drug treatment court, pursuant to statute or court rules.
However, if the drug treatment 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 circuit or district court shall not adopt or
institute the drug treatment court unless the circuit or district
court enters into a memorandum of understanding with each
participating prosecuting attorney in the circuit or 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 circuit
or district court district, local law enforcement, the probation
departments in that circuit or district, the local substance abuse
coordinating agency for that circuit or district, a domestic
violence service provider program that receives funding from the
state domestic and sexual violence prevention and treatment board,
and community corrections agencies in that circuit or district. The
memorandum
of understanding shall must
describe the role of each
party.
(2) The family division of circuit court in any judicial
circuit may adopt or institute a juvenile drug treatment court,
pursuant to statute or court rules. However, if the drug treatment
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 drug treatment court unless the family division of circuit
court enters into a memorandum of understanding with each
participating county prosecuting attorney in the circuit or
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 circuit or district court
district, local law enforcement, the probation departments in that
circuit, the local substance abuse coordinating agency for that
circuit, a domestic violence service provider program that receives
funding from the state domestic and sexual violence prevention and
treatment board, and community corrections agencies in that
circuit.
The memorandum of understanding shall must describe the
role of each party. A juvenile drug treatment court is subject to
the same procedures and requirements provided in this chapter for
drug treatment courts created under subsection (1), except as
specifically provided otherwise in this chapter.
(3) A court that is adopting a drug treatment court shall
participate in training as required by the state court
administrative
office and the bureau of justice assistance Bureau
of
Justice Assistance of the United States
department of
justice.Department of Justice.
(4)
A court that has adopted a drug treatment court pursuant
to
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 drug treatment 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 drug treatment court and the
prosecutor of a court funding unit of the drug treatment court.
(5) Beginning January 1, 2018, a drug treatment court
operating in this state, or a circuit court in any judicial circuit
or the district court in any judicial district seeking to adopt or
institute a drug treatment court, must be certified by the state
court administrative office. The state court administrative office
shall establish the procedure for certification. Approval and
certification under this subsection of a drug treatment court by
the state court administrative office is required to begin or to
continue the operation of a drug treatment court under this
chapter. The state court administrative office shall not recognize
and include a drug treatment court that is not certified under this
subsection on the statewide official list of drug treatment courts.
The state court administrative office shall include a drug
treatment court certified under this subsection on the statewide
official list of drug treatment courts. A drug treatment court that
is not certified under this subsection shall not perform any of the
functions of a drug treatment court, including, but not limited to,
doing any of the following:
(a) Charging a fee under section 1070.
(b) Discharging and dismissing a case as provided in section
1076.
(c) Receiving funding under section 1080.
(d) Certifying to the secretary of state that an individual is
eligible to receive a restricted license under section 1084 of this
act and section 304 of the Michigan vehicle code, 1949 PA 300, MCL
257.304.
Sec. 1070. (1) Upon admitting an individual into a drug
treatment court, all of the following apply:
(a) For an individual who is admitted to a drug treatment
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 drug treatment 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 pursuant to the agreement with the court and
prosecutor upon successful completion of the drug treatment 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 pursuant to the agreement with the
court and prosecutor upon successful completion of the drug
treatment court program, the court shall enter a judgment of guilt
or, in the case of a juvenile, shall enter an adjudication of
responsibility.
(c) Pursuant to 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 drug
treatment court program with terms and conditions according to the
agreement and as deemed necessary by the court.
(2)
The Unless a memorandum of
understanding made pursuant to
section 1088 between a receiving drug treatment court and the court
of original jurisdiction provides otherwise, the original court
shall
maintain of jurisdiction maintains
jurisdiction over the drug
treatment 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
drug treatment court, and may issue and enforce any appropriate and
necessary order regarding the parent or guardian of a juvenile
participant.
(3) The drug treatment court shall cooperate with, and act in
a collaborative manner with, the prosecutor, defense counsel,
treatment providers, the local substance abuse coordinating agency
for that circuit or district, probation departments, and, to the
extent possible, local law enforcement, the department of
corrections, and community corrections agencies.
(4) The drug treatment court may require an individual
admitted into the court to pay a reasonable drug court fee that is
reasonably related to the cost to the court for administering the
drug treatment court program as provided in the memorandum of
understanding under section 1062. The clerk of the drug treatment
court shall transmit the fees collected to the treasurer of the
local funding unit at the end of each month.
(5) The drug treatment 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 drug
treatment court under this subsection.
Sec.
1084. (1) A DWI/sobriety court interlock pilot project is
created
utilizing the DWI/sobriety courts in this state and in
accordance
with the provisions of this chapter. The DWI/sobriety
court
interlock pilot project shall begin on January 1, 2011 and
shall
continue for a period of 4 years after that date. Beginning
January
1, 2015, the The DWI/sobriety court interlock program shall
be
is created and shall continue with the same
requirements,
eligibility
criteria, authority, and limitations as those
prescribed
in this section for the DWI/sobriety court interlock
pilot
project. An individual who is a participant in a DWI/sobriety
court
interlock pilot project on December 31, 2014 shall become,
automatically,
a participant in a DWI/sobriety court interlock
program
on January 1, 2015, unless the individual's participation
in
the pilot project ceased by its own terms before January 1,
2015.under this section.
(2)
All DWI/sobriety courts that participate in the pilot
project
or program shall comply with the 10
guiding principles of
DWI
courts as promulgated by the national center National Center
for
DWI courts.Courts.
(3) Beginning January 1, 2018, a DWI/sobriety court operating
in this state, or a circuit court in any judicial circuit or the
district court in any judicial district seeking to adopt or
institute a DWI/sobriety court, must be certified by the state
court administrative office in the same manner as required for a
drug treatment court under section 1062(5). A DWI/sobriety court
shall not perform any of the functions of a DWI/sobriety court,
including, but not limited to, the functions of a drug treatment
court described in section 1062(5) after January 1, 2018 unless the
court has been certified by the state court administrative office
as provided in section 1062(5).
(4) (3)
In order to be considered for
placement in the pilot
project
or program, an individual must have
been convicted of
either of the following:
(a) Two or more convictions for violating section 625(1) or
(3) of the Michigan vehicle code, 1949 PA 300, MCL 257.625, or a
local ordinance of this state substantially corresponding to
section 625(1) or (3) of the Michigan vehicle code, 1949 PA 300,
MCL 257.625.
(b) One conviction for violating section 625(1) or (3) of the
Michigan vehicle code, 1949 PA 300, MCL 257.625, or a local
ordinance of this state substantially corresponding to section
625(1) or (3) of the Michigan vehicle code, 1949 PA 300, MCL
257.625, preceded by 1 or more convictions for violating a local
ordinance or law of another state substantially corresponding to
section 625(1), (3), or (6) of the Michigan vehicle code, 1949 PA
300, MCL 257.625, or a law of the United States substantially
corresponding to section 625(1), (3), or (6) of the Michigan
vehicle code, 1949 PA 300, MCL 257.625.
(5) (4)
Each year, all DWI/sobriety courts
that participate in
the
pilot project or program, in cooperation with the state court
administrative office, shall provide to the legislature, the
secretary of state, and the supreme court documentation as to
participants' compliance with court ordered conditions. Best
practices
available shall must be used in the research in question,
as resources allow, so as to provide statistically reliable data as
to
the impact of the pilot project or program on public safety and
the improvement of life conditions for participants. The topics
documented
shall must include, but not be limited to, all of the
following:
(a) The percentage of those participants ordered to place
interlock devices on their vehicles who actually comply with the
order.
(b) The percentage of participants who remove court-ordered
interlocks from their vehicles without court approval.
(c) The percentage of participants who consume alcohol or
controlled substances.
(d) The percentage of participants found to have tampered with
court-ordered interlocks.
(e) The percentage of participants who operated a motor
vehicle not equipped with an interlock.
(f) Relevant treatment information as to participants.
(g) The percentage of participants convicted of a new offense
under section 625(1) or (3) of the Michigan vehicle code, 1949 PA
300, MCL 257.625.
(h) Any other information found to be relevant.
(6) (5)
Before the secretary of state
issues a restricted
license
to a pilot project or program participant under section 304
of the Michigan vehicle code, 1949 PA 300, MCL 257.304, the
DWI/sobriety court judge shall certify to the secretary of state
that the individual seeking the restricted license has been
admitted
into the pilot project or program and that an interlock
device has been placed on each motor vehicle owned or operated, or
both, by the individual.
(7) (6)
If any of the following occur, the
DWI/sobriety court
judge shall immediately inform the secretary of state of that
occurrence:
(a)
The court orders that a pilot project or program
participant
be removed from the DWI/sobriety court pilot project or
program before he or she successfully completes it.
(b) The court becomes aware that a program participant
operates a motor vehicle that is not equipped with an interlock
device or that a program participant tampers with, circumvents, or
removes a court-ordered interlock device without prior court
approval.
(c) A program participant is charged with a new violation of
section 625 of the Michigan vehicle code, 1949 PA 300, MCL 257.625.
(8) (7)
The receipt of notification by the
secretary of state
under
subsection (6) shall (7)
must result in summary revocation or
suspension of the restricted license under section 304 of the
Michigan vehicle code, 1949 PA 300, MCL 257.304.
(9) (8)
As used in this section:
(a)
"DWI/sobriety courts" court"
means the specialized court
docket and programs established within judicial circuits and
districts throughout this state that are designed to reduce
recidivism among alcohol offenders and that comply with the 10
guiding
principles of DWI courts as promulgated by the national
center
for DWI courts.National
Center for DWI Courts.
(b) "Ignition interlock device" means that term as defined in
section 20d of the Michigan vehicle code, 1949 PA 300, MCL 257.20d.
(c)
"Pilot project" means the DWI/sobriety court interlock
pilot
project created under subsection (1) on September 2, 2010 and
authorized
to operate for 4 years beginning January 1, 2011.
(c) (d)
"Program" means the
DWI/sobriety court interlock
program
created on the effective date of the amendatory act that
added
this subdivision and authorized to operate beginning January
1,
2015.under this section.
Sec. 1088. (1) Beginning January 1, 2018, a case may be
transferred totally from 1 court to another court for the
defendant's participation in a state-certified treatment court. A
total transfer may occur prior to or after adjudication, but must
not be consummated until the completion and execution of a
memorandum of understanding that must include, but need not be
limited to, all of the following:
(a) A detailed statement of how all funds assessed to
defendant will be accounted for, including, but not necessarily
limited to, the need for a receiving state-certified treatment
court to collect funds and remit them to the court of original
jurisdiction.
(b) A statement providing which court is responsible for
providing information to the department of state police, as
required under section 3 of 1925 PA 289, MCL 28.243, and forwarding
an abstract to the secretary of state for inclusion on the
defendant's driving record.
(c) A statement providing where jail sanctions or
incarceration sentences would be served, as applicable.
(d) A statement that the defendant has been determined
eligible by and will be accepted into the state-certified treatment
court upon transfer.
(e) The approval of all of the following:
(i) The chief judge and assigned judge of the receiving state-
certified treatment court and the court of original jurisdiction.
(ii) A prosecuting attorney from the receiving state-certified
treatment court and the court of original jurisdiction.
(iii) The defendant.
(2) As used in this section, "state-certified treatment court"
includes the treatment courts certified by the state court
administrative office as provided in section 1062, 1084, 1091, or
1201.
Sec. 1095. (1) Upon admitting an individual into a mental
health court, all of the following apply:
(a) For an individual who is admitted to a mental health court
based upon having criminal charges currently filed against him or
her and who has not already pled guilty or no contest or, in the
case of a juvenile, has not admitted responsibility, the court
shall accept the plea of guilty or no contest or, in the case of a
juvenile, the admission of responsibility.
(b) For an individual who pled guilty or no contest to, or
admitted responsibility for, criminal charges for which he or she
was admitted into the mental health court, the court shall do
either of the following:
(i) In the case of an individual who pled guilty or no contest
to criminal offenses that are not traffic offenses and who may be
eligible for discharge and dismissal under the agreement for which
he or she was admitted into mental health court upon successful
completion of the mental health 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 pursuant to the agreement with the
court and prosecutor upon successful completion of the mental
health court program, the court shall enter a judgment of guilt or,
in the case of a juvenile, shall enter an adjudication of
responsibility.
(iii) Pursuant to the agreement with the individual and the
prosecutor, the court may either delay 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, and place the individual on probation or other court
supervision in the mental health court program with terms and
conditions according to the agreement and as considered necessary
by the court.
(2)
The Unless a memorandum of
understanding made pursuant to
section 1088 between a receiving mental health court and the court
of original jurisdiction provides otherwise, the original court
shall
maintain of jurisdiction maintains
jurisdiction over the
mental health court participant as provided in this chapter 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 the juvenile's
parents or guardians in order to assist in ensuring the juvenile's
continued participation and successful completion of the mental
health court and may issue and enforce any appropriate and
necessary order regarding the parent or guardian.
(3) The mental health court may require an individual admitted
into the court to pay a reasonable mental health court fee that is
reasonably related to the cost to the court for administering the
mental health court program as provided in the memorandum of
understanding. The clerk of the mental health court shall transmit
the fees collected to the treasurer of the local funding unit at
the end of each month.
Sec. 1206. (1) All of the following conditions apply to an
individual admitted to a veterans treatment court:
(a) For an individual who is admitted to a veterans treatment
court based upon having a criminal charge currently filed against
him or her, the court shall accept the individual's plea of guilty.
(b) One of the following applies to an individual who pled
guilty to a criminal charge for which he or she was admitted to a
veterans treatment court, as applicable:
(i) If the individual pled guilty to an offense that is not a
traffic offense and may be eligible for discharge and dismissal
under the agreement with the court and prosecutor upon successful
completion of the veterans treatment court program, the court shall
not enter a judgment of guilt.
(ii) If the individual pled guilty to a traffic offense or
another offense but is not eligible for discharge and dismissal
under the agreement with the court and prosecutor upon successful
completion of the veterans treatment court program, the court shall
enter a judgment of guilt.
(c) Under the agreement with the individual and the
prosecutor, the court may delay or 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 under that agreement, and place the
individual on probation or other court supervision in the veterans
treatment court program with terms and conditions according to the
agreement and as considered necessary by the court.
(2)
The Unless a memorandum of
understanding made pursuant to
section 1088 between a receiving veterans treatment court and the
court of original jurisdiction provides otherwise, the original
court
shall maintain of
jurisdiction maintains jurisdiction
over
the veterans treatment 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.
(3) The veterans treatment court shall cooperate with, and act
in a collaborative manner with, the prosecutor, defense counsel,
treatment providers, the local substance abuse coordinating agency
for that circuit or district, probation departments, the United
States
department of veterans affairs, Department
of Veterans
Affairs, local VSOs in that circuit or district, and, to the extent
possible, local law enforcement, the department of corrections, and
community corrections agencies.
(4) The veterans treatment court may require an individual
admitted into the court to pay a veterans treatment court fee that
is reasonably related to the cost to the court for administering
the veterans treatment court program as provided in the memorandum
of understanding under section 1201(2). The clerk of the veterans
treatment court shall transmit the fees collected to the treasurer
of the local funding unit at the end of each month.
(5) The veterans treatment court may request that the
department of state police provide to the court information
contained in the L.E.I.N. 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 veterans treatment
court under this subsection.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 99th Legislature are
enacted into law:
(a) Senate Bill No. 436.
(b) Senate Bill No. 437.
(c) Senate Bill No. 438.
