May 7, 2013, Introduced by Reps. Haines, Cotter, Graves, Johnson, McCready, Heise, MacMaster, Walsh, Howrylak, O'Brien and Leonard and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
(MCL 600.101 to 600.9947) by adding sections 1097 and 1098.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1097. (1) In order to continue to participate in and
successfully complete a mental health court program, an individual
shall comply with all court orders, violations of which may be
sanctioned at the court's discretion.
(2) If the participant is accused of a new crime, the judge
shall have the discretion to terminate the participant's
participation in the mental health court program.
(3) The court shall require that a participant pay all court
fines, court costs, court fees, restitution, and assessments and
pay all, or make substantial contributions toward payment of, the
costs of the treatment and the mental health court program services
provided to the participant, including, but not limited to, the
costs of drug or alcohol testing or counseling. However, if the
court determines that the payment of court fines, court fees, or
drug or alcohol testing expenses under this subsection would be a
substantial hardship for the individual or would interfere with the
individual's treatment, the court may waive all or part of those
court fines, court fees, or drug or alcohol testing expenses.
Sec. 1098. (1) Upon completion or termination of the mental
health court program, the court shall find on the record or place a
written statement in the court file indicating 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 delayed or
deferred, the court shall comply with the agreement made with the
participant upon admission into the mental health court or the
agreement as it was altered after admission by the court with
approval of the participant and the prosecutor for that
jurisdiction.
(3) If an individual is participating in a mental health 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, or section 350a or 430
of the Michigan penal code, 1931 PA 328, MCL 750.350a and 750.430,
the court shall proceed under 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 1091,
may discharge and dismiss the proceedings against an individual who
meets all of the following criteria:
(a) The individual has participated in a mental health court
for the first time.
(b) The individual has successfully completed the terms and
conditions of the mental health 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 has not previously been subject to more
than 1 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 the
individual 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, or section 350a or 430 of the
Michigan penal code, 1931 PA 328, MCL 750.350a and 750.430.
(5) The court may order 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 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 mental health court. All records of the proceedings
regarding the participation of the individual in the mental health
court 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.
(8) For a participant whose participation is terminated or who
fails to successfully complete the mental health court program, the
court shall enter an adjudication of guilt, or, in the case of a
juvenile, a finding of responsibility, if the entry of guilt or
adjudication of responsibility was delayed or deferred under
section 1094, and shall then proceed to sentencing or disposition
of the individual for the original charges to which the individual
pled guilty or, in the case of a juvenile, to which the juvenile
admitted responsibility prior to admission to the mental health
court. All records of the proceedings regarding the participation
of the individual in the mental health court shall remain closed to
public inspection and exempt from public disclosure as provided in
subsection (6).
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 97th Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 4694(request no.
01934'13).
(b) Senate Bill No.____ or House Bill No. 4696(request no.
02579'13).
(c) Senate Bill No.____ or House Bill No. 4697(request no.
02581'13).