Bill Text: MI SB0438 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Courts; other; certification of veterans courts by the state court administrative office; require. Amends sec. 1201 of 1961 PA 236 (MCL 600.1201) & amends heading of ch. 12. TIE BAR WITH: SB 0435'17, SB 0436'17, SB 0437'17
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2017-11-28 - Assigned Pa 164'17 With Immediate Effect [SB0438 Detail]
Download: Michigan-2017-SB0438-Engrossed.html
SB-0438, As Passed House, October 26, 2017
SB-0438, As Passed Senate, September 12, 2017
SENATE BILL No. 438
June 7, 2017, Introduced by Senator SCHUITMAKER and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 1201 (MCL 600.1201), as added by 2012 PA 335,
and by amending the heading of chapter 12.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER 12
JURORS VETERANS
TREATMENT COURTS
Sec. 1201. (1) A veterans court shall comply with the modified
version of the 10 key components of drug treatment courts as
promulgated by the Buffalo veterans treatment court, which include
all of the following essential characteristics:
(a) Integration of alcohol, drug treatment, and mental health
services with justice system case processing.
(b) Use of a nonadversarial approach; prosecution and defense
counsel promote public safety while protecting participants' due
process rights.
(c) Early and prompt identification and placement of eligible
participants in the veterans treatment court program.
(d) Provision of access to a continuum of alcohol, drug,
mental health, and related treatment and rehabilitation services.
(e) Monitoring of abstinence by frequent alcohol and other
drug testing.
(f) A coordinated strategy that governs veterans treatment
court responses to participants' compliance.
(g)
Ongoing judicial interaction with each veteran. is
essential.
(h) Monitoring and evaluation to measure the achievement of
program goals and gauge effectiveness.
(i) Continuing interdisciplinary education that promotes
effective veterans treatment court planning, implementation, and
operations.
(j) Forging of partnerships among veterans treatment court,
veterans administration, public agencies, and community-based
organizations
generates to generate local support and enhances
enhance veteran treatment court effectiveness.
(2) The circuit court in any judicial circuit or the district
court in any judicial district may adopt or institute a veterans
treatment court by statute or court rule if 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, a
representative or representatives of community treatment providers,
a representative or representatives of veterans service
organizations in the circuit or district court district, and a
representative
or representatives of the United States department
of
veterans affairs. Department
of Veterans Affairs. However, the
memorandum of understanding will only be required to include the
prosecuting attorney if the veterans treatment court will include
in its program individuals who may be eligible for discharge and
dismissal of an offense, a delayed sentence, deferred entry of
judgment, or a sentence involving deviation from the sentencing
guidelines. 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 violence prevention and treatment board, a
representative or representatives of the local court funding unit,
and community corrections agencies in that circuit or district. The
memorandum
of understanding shall must
describe the role of each
party, and the conditions for which the memorandum of understanding
must be renewed and amended.
(3) A court that is adopting a veterans treatment court shall
participate in training as required by the state court
administrative office.
(4) A court that has adopted a veterans treatment 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 veterans
treatment court in the jurisdiction where the participant is
charged. The transfer can occur at any time during the proceedings,
including, but not limited to, prior to adjudication. The receiving
court shall have jurisdiction to impose sentence, including, but
not limited to, sanctions, incentives, incarceration, and phase
changes. A transfer under this subsection 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 veterans treatment court and
the prosecutor of a court funding unit of the veterans treatment
court.
(5) Beginning January 1, 2018, a veterans 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 veterans 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 veterans treatment
court is required to begin or to continue the operation of a
veterans treatment court under this chapter. The state court
administrative office shall not recognize and include a veterans
treatment court that is not certified under this subsection on the
statewide official list of veterans treatment courts. The state
court administrative office shall include a veterans treatment
court certified under this subsection on the statewide official
list of veterans treatment courts. A veterans treatment court that
is not certified under this subsection shall not perform any of the
functions of a veterans treatment court, including, but not limited
to, any of the following functions:
(a) Charging a fee under section 1206.
(b) Discharging and dismissing a case as provided in section
1209.
(c) Receiving funding under section 1211.
(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.
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. 435.
(b) Senate Bill No. 436.
(c) Senate Bill No. 437.
