SB-1354, As Passed Senate, August 24, 2010
June 1, 2010, Introduced by Senators SWITALSKI, CHERRY and BISHOP and referred to the Committee on Judiciary.
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, 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.