September 13, 2006, Introduced by Senator CROPSEY and referred to the Committee on Judiciary.
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, 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 administrator and is not valid
unless it is agreed to by all of the following:
(a) The defendant.
(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.