SB-1354, As Passed House, September 21, 2010

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 1354

     A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

by amending sections 1062 and 1068 (MCL 600.1062 and 600.1068),

section 1062 as amended by 2006 PA 620 and section 1068 as added by

2004 PA 224.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     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, if the drug treatment court will include in its program

individuals who may be eligible for discharge and dismissal of an

offense, delayed sentence, or deviation from the sentencing

guidelines, the circuit or district court shall not adopt or

institute a the 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, if the drug treatment

court will include in its program individuals who may be eligible

for discharge or dismissal of an offense, or a delayed sentence,

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 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 drug treatment court and the

prosecutor of a court funding unit of the drug treatment court.

     Sec. 1068. (1) If the individual being considered for

admission to a drug treatment court is charged in a criminal case

or, in the case of a juvenile, is alleged to have engaged in

activity that would constitute a criminal act if committed by an

adult, his or her admission is subject to all of the following

conditions:

     (a) The offense or offenses allegedly committed by the

individual must be related to the abuse, illegal use, or possession

of a controlled substance or alcohol.

     (b) The individual, if an adult, must plead guilty to the

charge or charges on the record. The individual, if a juvenile,

must admit responsibility for the violation or violations that he

or she is accused of having committed.

     (c) The individual must waive, in writing, the right to a

speedy trial, the right to representation at drug treatment court

review hearings by an attorney, and, with the agreement of the

prosecutor, the right to a preliminary examination.

     (d) The individual must sign a written agreement to

participate in the drug treatment court.

     (2) The In the case of an individual who will be eligible for

discharge and dismissal of an offense, delayed sentence, or

deviation from the sentencing guidelines, the prosecutor must

approve of the admission of the individual into the drug treatment

court in conformity with the memorandum of understanding under

section 1062.

     (3) An individual shall not be admitted to, or remain in, a

drug treatment court pursuant to an agreement that would permit a

discharge or dismissal of a traffic offense upon successful

completion of the drug treatment court program.

     (4) In addition to rights accorded a victim under the William

Van Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.751

to 780.834, the drug treatment court must permit any victim of the

offense or offenses of which the individual is charged, any victim

of a prior offense of which that individual was convicted, and

members of the community in which either the offenses were

committed or in which the defendant resides to submit a written

statement to the court regarding the advisability of admitting the

individual into the drug treatment court.

     (5) An individual who has waived his or her right to a

preliminary examination and has pled guilty or, in the case of a

juvenile, has admitted responsibility, as part of his or her

application to a drug treatment court and who is not admitted to a

drug treatment court, shall be permitted to withdraw his or her

plea and is entitled to a preliminary examination or, in the case

of a juvenile, shall be permitted to withdraw his or her admission

of responsibility.