SB-0630, As Passed Senate, January 25, 2012

SUBSTITUTE FOR

SENATE BILL NO. 630

     A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

by amending section 1070 (MCL 600.1070), as added by 2004 PA 224.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 1070. (1) Upon admitting an individual into a drug

treatment court, all of the following apply:

     (a) For an individual who is admitted to a drug treatment

court based upon having criminal charges currently filed against

him or her, the court shall accept the plea of guilty or, in the

case of a juvenile, the admission of responsibility.

     (b) For an individual who pled guilty to, or admitted

responsibility for, criminal charges for which he or she was

admitted into the drug treatment court, the court shall do either

of the following:

     (i) In the case of an individual who pled guilty to an offense

that is not a traffic offense and who may be eligible for discharge

and dismissal pursuant to under the agreement with the court and

prosecutor upon successful completion of the drug treatment court

program, the court shall not enter a judgment of guilt or, in the

case of a juvenile, shall not enter an adjudication of

responsibility. Unless the court enters an adjudication of guilt

under this section, all proceedings regarding the disposition of

the criminal charge shall be closed to public inspection, but shall

be open to the courts of this state, the department of corrections,

the department of human services, law enforcement personnel, and

prosecuting attorneys for use only in the performance of their

duties.

     (ii) In the case of an individual who pled guilty to a traffic

offense or who pled guilty to an offense but may not be eligible

for discharge and dismissal pursuant to under the agreement with

the court and prosecutor upon successful completion of the drug

treatment court program, the court shall enter a judgment of guilt

or, in the case of a juvenile, shall enter an adjudication of

responsibility.

     (c) Pursuant to Under the agreement with the individual and

the prosecutor, the court may either defer further proceedings as

provided in section 1 of chapter XI of the code of criminal

procedure, 1927 PA 175, MCL 771.1, or proceed to sentencing, as

applicable in that case pursuant to under that agreement, and place

the individual on probation or other court supervision in the drug

treatment court program with terms and conditions according to the

agreement and as deemed considered necessary by the court.

     (2) The court shall maintain jurisdiction over the drug

treatment court participant as provided in this act until final

disposition of the case, but not longer than the probation period

fixed under section 2 of chapter XI of the code of criminal

procedure, 1927 PA 175, MCL 771.2. In the case of a juvenile

participant, the court may obtain jurisdiction over any parents or

guardians of the juvenile in order to assist in ensuring the

juvenile's continued participation and successful completion of the

drug treatment court, and may issue and enforce any appropriate and

necessary order regarding the parent or guardian of a juvenile

participant.

     (3) The drug treatment court shall cooperate with, and act in

a collaborative manner with, the prosecutor, defense counsel,

treatment providers, the local substance abuse coordinating agency

for that circuit or district, probation departments, and, to the

extent possible, local law enforcement, the department of

corrections, and community corrections agencies.

     (4) The drug treatment court may require an individual

admitted into the court to pay a reasonable drug court fee that is

reasonably related to the cost to the court for administering the

drug treatment court program as provided in the memorandum of

understanding under section 1062. The clerk of the drug treatment

court shall transmit the fees collected to the treasurer of the

local funding unit at the end of each month.

     (5) The drug treatment court may request that the department

of state police provide to the court information contained in the

law enforcement information network pertaining to an individual

applicant's criminal history for purposes of determining the

individual's compliance with all court orders. The department of

state police shall provide the information requested by a drug

treatment court under this subsection.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.