Bill Text: MI SB0630 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Criminal procedure; probation; retention and release of nonpublic records of an arrest, diversion, discharge, or dismissal of certain controlled substance cases; clarify. Amends sec. 1076 of 1961 PA 236 (MCL 600.1076).
Spectrum: Slight Partisan Bill (Republican 5-2)
Status: (Passed) 2012-12-31 - Assigned Pa 0547'12 2012 Addenda [SB0630 Detail]
Download: Michigan-2011-SB0630-Introduced.html
SENATE BILL No. 630
September 8, 2011, Introduced by Senators JONES, SCHUITMAKER, GLEASON, MARLEAU, BIEDA, PROOS and PAPPAGEORGE and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 1070 (MCL 600.1070), as added by 2004 PA 224.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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 under
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 under 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 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 under
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 considered necessary by the court.
(2) The court shall maintain 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.
(6) The department of state police shall retain a nonpublic
record of an arrest, diversion, and discharge of dismissal under
this section. The nonpublic record shall be furnished to any of the
following:
(a) A court, law enforcement agency, or prosecuting attorney's
office upon request for the purpose of showing that a defendant in
a criminal action involving the possession or use of a controlled
substance, or an imitation controlled substance as that term is
defined in section 7341 of the public health code, 1978 PA 368, MCL
333.7341, has already once utilized diversion under section 7411 of
the public health code, 1978 PA 368, MCL 333.7411.
(b) The department of corrections or a law enforcement agency,
upon the request of the department or the law enforcement agency,
if the following conditions are met, as applicable:
(i) At the time of the request, the individual is an employee
of the department or the law enforcement agency or an applicant for
employment with the department or law enforcement agency.
(ii) If the individual is an employee of the department of
corrections or a law enforcement agency and the court placed the
individual on probation after December 31, 2002, the date on which
the court placed the individual on probation.
(7) A nonpublic record furnished as described in subsection
(6) shall be used by the department of corrections or law
enforcement agency under subsection (6)(b) only to determine
whether an employee has violated his or her conditions of
employment or whether an applicant meets criteria for employment,
as applicable.
