September 24, 2008, Introduced by Reps. Simpson, Brown, Angerer, Valentine, Condino, Griffin, Donigan, Wojno, Warren, Byrnes, Alma Smith, Bauer, Hammel, Kathleen Law, Dean, Hammon, Meadows and Spade and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 1076 (MCL 600.1076), as added by 2004 PA 224.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1076. (1) Upon completion or termination of the drug
treatment court program, the court shall find on the record or
place a written statement in the court file as to whether the
participant completed the program successfully or whether the
individual's participation in the program was terminated and, if it
was terminated, the reason for the termination.
(2) For a participant who successfully completes probation or
other court supervision and whose proceedings were deferred or who
was
sentenced pursuant to under
section 1070, the court shall
comply with the agreement made with the participant upon admission
into the drug treatment court, or the agreement as it was altered
after admission by the court with approval of the participant and
the prosecutor for that jurisdiction as provided in subsections (3)
to (8).
(3) If an individual is participating in a drug treatment
court under section 11 of chapter II of the code of criminal
procedure, 1927 PA 175, MCL 762.11, section 7411 of the public
health code, 1978 PA 368, MCL 333.7411, section 4a of chapter IX of
the code of criminal procedure, 1927 PA 175, MCL 769.4a, section
350a of the Michigan penal code, 1931 PA 328, MCL 750.350a, or
section 430 of the Michigan penal code, 1931 PA 328, MCL 750.430,
the court shall proceed pursuant to the applicable section of law.
There may only be 1 discharge or dismissal under this subsection.
(4) Except as provided in subsection (5), the court, with the
agreement of the prosecutor and in conformity with the terms and
conditions of the memorandum of understanding under section 1062,
may discharge and dismiss the proceedings against an individual who
meets all of the following criteria:
(a) The individual has participated in a drug treatment court
for the first time.
(b) The individual has successfully completed the terms and
conditions of the drug treatment court program.
(c) The individual is not required by law to be sentenced to a
correctional facility for the crimes to which he or she has pled
guilty.
(d) The individual is not currently charged with and has not
pled guilty to a traffic offense.
(e) The individual has not previously been subject to more
than 1 of any of the following:
(i) Assignment to the status of youthful trainee under section
11 of chapter II of the code of criminal procedure, 1927 PA 175,
MCL 762.11.
(ii) The dismissal of criminal proceedings against him or her
under section 7411 of the public health code, 1978 PA 368, MCL
333.7411, section 4a of chapter IX of the code of criminal
procedure, 1927 PA 175, MCL 769.4a, section 350a of the Michigan
penal code, 1931 PA 328, MCL 750.350a, or section 430 of the
Michigan penal code, 1931 PA 328, MCL 750.430.
(5) The court may grant a discharge and dismissal of a
domestic violence offense only if all of the following
circumstances apply:
(a) The individual has not previously had proceedings
dismissed under section 4a of chapter IX of the code of criminal
procedure, 1927 PA 175, MCL 769.4a.
(b) The domestic violence offense is eligible to be dismissed
under section 4a of chapter IX of the code of criminal procedure,
1927 PA 175, MCL 769.4a.
(c) The individual fulfills the terms and conditions imposed
under section 4a of chapter IX of the code of criminal procedure,
1927 PA 175, MCL 769.4a, and the discharge and dismissal of
proceedings are processed and reported under section 4a of chapter
IX of the code of criminal procedure, 1927 PA 175, MCL 769.4a.
(6) A discharge and dismissal under subsection (4) shall be
without adjudication of guilt or, for a juvenile, without
adjudication of responsibility and except as provided in section
4a(5) of chapter IX of the code of criminal procedure, 1927 PA 175,
MCL 769.4a, are not a conviction or a finding of responsibility for
purposes of this section or for purposes of disqualifications or
disabilities imposed by law upon conviction of a crime or, for a
juvenile, a finding of responsibility. There may only be 1
discharge and dismissal under subsection (4) for an individual. The
court shall send a record of the discharge and dismissal to the
criminal justice information center of the department of state
police, and the department of state police shall enter that
information into the law enforcement information network with an
indication of participation by the individual in a drug treatment
court. All records of the proceedings regarding the participation
of
the individual in the drug treatment court pursuant to under
subsection (4) are closed to public inspection, and are exempt from
public disclosure under the freedom of information act, 1976 PA
442, MCL 15.231 to 15.246, but shall be open to the courts of this
state, another state, or the United States, the department of
corrections, law enforcement personnel, and prosecutors only for
use in the performance of their duties or to determine whether an
employee of the court, department, law enforcement agency, or
prosecutor's office has violated his or her conditions of
employment or whether an applicant meets criteria for employment
with the court, department, law enforcement agency, or prosecutor's
office. The records and identifications division of the department
of state police shall retain a nonpublic record of an arrest and
the discharge and dismissal under this subsection.
(7) Except as provided in subsection (3), (4), or (5), if an
individual has successfully completed probation or other court
supervision, the court shall do the following:
(a) If the court has not already entered an adjudication of
guilt or responsibility, enter an adjudication of guilt or, in the
case of a juvenile, enter a finding or adjudication of
responsibility.
(b) If the court has not already sentenced the individual,
proceed to sentencing or, in the case of a juvenile, disposition
pursuant to the agreement.
(c) Send a record of the conviction and sentence or the
finding or adjudication of responsibility and disposition to the
criminal justice information center of the department of state
police. The department of state police shall enter that information
into the law enforcement information network with an indication of
successful participation by the individual in a drug treatment
court.
(8) For a participant whose participation is terminated or who
fails to successfully complete the drug treatment court program,
the court shall enter an adjudication of guilt, or, in the case of
a juvenile, a finding of responsibility, if the entering of guilt
or
adjudication of responsibility was deferred pursuant to under
section 1070, and shall then proceed to sentencing or disposition
of the individual for the original charges to which the individual
pled guilty or, if a juvenile, to which the juvenile admitted
responsibility prior to admission to the drug treatment court. Upon
sentencing or disposition of the individual, the court shall send a
record of that sentence or disposition and the individual's
unsuccessful participation in the drug treatment court to the
criminal justice information center of the department of state
police, and the department of state police shall enter that
information into the law enforcement information network, with an
indication that the individual unsuccessfully participated in a
drug treatment court.
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 94th Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 6522(request no.
06312'08 *).
(b) Senate Bill No.____ or House Bill No. 6516(request no.
06312'08 a *).