SB-1428, As Passed Senate, November 14, 2006

SUBSTITUTE FOR

SENATE BILL NO. 1428

     A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

by amending sections 1060 and 1062 (MCL 600.1060 and 600.1062), as

added by 2004 PA 224.

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  should

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:

     (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, the circuit or district court shall not adopt or institute

a drug treatment court unless the circuit or district 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, 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 violence

prevention and treatment board, and community corrections agencies

in that circuit or district. The memorandum of understanding shall

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, 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

violence prevention and treatment board, and community corrections

agencies in that circuit. The memorandum of understanding shall

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 of the

United States department of justice.

     (4) A court that has adopted a drug treatment court pursuant

to 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 shall occur pursuant to guidelines

promulgated by the state court administrative office and is not

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

     (a) The defendant or respondent.

     (b) The judge, prosecuting attorney, and defense attorney of

the transferring court.

     (c) The judge and the prosecuting attorney of the receiving

drug treatment court.