May 6, 2014, Introduced by Rep. Jenkins and referred to the Committee on Military and Veterans Affairs.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 1074 (MCL 600.1074), as added by 2004 PA 224.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1074. (1) In order to continue to participate in and
successfully complete a drug treatment court program, an individual
shall comply with all of the following:
(a) Pay all court ordered fines and costs, including minimum
state costs.
(b) Pay the drug treatment court fee allowed under section
1070(4).
(c) Pay all court ordered restitution.
(d) Pay all crime victims rights assessments under section 5
of 1989 PA 196, MCL 780.905.
(e) Comply with all court orders, violations of which may be
sanctioned according to the court's discretion.
(f) If the individual is a veteran, meet with a member of a
veteran service organization or county veteran counselor to discuss
available veterans benefit programs for which the individual may
qualify. As used in this subdivision, "veteran" means a veteran of
the United States army, navy, air force, marine corps, or coast
guard, including their reserve components, or the national guard or
air national guard of this state or of another state.
(2) The drug treatment court must be notified if the
participant is accused of a new crime, and the judge shall consider
whether to terminate the participant's participation in the drug
treatment program in conformity with the memorandum of
understanding under section 1062. If the participant is convicted
of a felony for an offense that occurred after the defendant is
admitted to drug treatment court, the judge shall terminate the
participant's participation in the program.
(3) The court shall require that a participant pay all fines,
costs, the fee, restitution, and assessments described in
subsection (1)(a) to (d) and pay all, or make substantial
contributions toward payment of, the costs of the treatment and the
drug treatment court program services provided to the participant,
including, but not limited to, the costs of urinalysis and such
testing or any counseling provided. However, if the court
determines that the payment of fines, the fee, or costs of
treatment under this subsection would be a substantial hardship for
the individual or would interfere with the individual's substance
abuse treatment, the court may waive all or part of those fines,
the fee, or costs of treatment.