Bill Text: MI HB4525 | 2023-2024 | 102nd Legislature | Chaptered
Bill Title: Courts: drug court; violent offender eligibility for drug treatment court; modify. Amends secs. 1064 & 1066 of 1961 PA 236 (MCL 600.1064 & 600.1066).
Spectrum: Partisan Bill (Democrat 22-1)
Status: (Passed) 2024-05-22 - Assigned Pa 45'24 With Immediate Effect [HB4525 Detail]
Download: Michigan-2023-HB4525-Chaptered.html
Act No. 45
Public Acts of 2024
Approved by the Governor
May 22, 2024
Filed with the Secretary of State
May 22, 2024
EFFECTIVE DATE: August 20, 2024
state of michigan
102nd Legislature
Regular session of 2024
Introduced by Reps. Filler, Breen, Hope, Byrnes, Glanville, Conlin, Brabec, Arbit, MacDonell, Andrews, Steckloff, Tyrone Carter, Liberati, Tsernoglou, Wilson, Hood, Dievendorf, Hill, Coffia, Snyder, Morse, Witwer and Aiyash
ENROLLED HOUSE BILL No. 4525
AN ACT to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” by amending sections 1064 and 1066 (MCL 600.1064 and 600.1066), as added by 2004 PA 224.
The People of the State of Michigan enact:
Sec. 1064. (1) Each drug treatment court shall determine whether an individual may be admitted to the drug treatment court. An individual does not have a right to be admitted into a drug treatment court. Unless the drug treatment court judge and the prosecuting attorney, in consultation with any known victim in the instant case, consent, a violent offender must not be admitted into a drug treatment court. An individual must not be admitted to a drug treatment court if either of the following applies:
(a) The individual is currently charged with or, if the individual is a juvenile, is currently alleged to have committed first degree murder in violation of section 316 of the Michigan penal code, 1931 PA 328, MCL 750.316, criminal sexual conduct in the first, second, or third degree in violation of section 520b, 520c, or 520d of the Michigan penal code, 1931 PA 328, MCL 750.520b, 750.520c, and 750.520d, or child sexually abusive activity in violation of section 145c of the Michigan penal code, 1931 PA 328, MCL 750.145c.
(b) The individual has been convicted of or, if the individual is a juvenile, found responsible for first degree murder in violation of section 316 of the Michigan penal code, 1931 PA 328, MCL 750.316, or criminal sexual conduct in the first degree in violation of section 520b of the Michigan penal code, 1931 PA 328, MCL 750.520b.
(2) In addition to admission to a drug treatment court under this act, an individual who is eligible for admission under this act may also be admitted to a drug treatment court under any of the following circumstances:
(a) The individual has been assigned the status of youthful trainee under section 11 of chapter II of the code of criminal procedure, 1927 PA 175, MCL 762.11.
(b) The individual has had criminal proceedings against him or her deferred and has been placed on probation under any of the following:
(i) Section 7411 of the public health code,
1978 PA 368, MCL 333.7411.
(ii) Section 4a of chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.4a.
(iii) Section 350a or 430 of the Michigan penal code, 1931 PA 328, MCL 750.350a and 750.430.
(3) To be admitted to a drug treatment court, an individual must cooperate with and complete a preadmissions screening and evaluation assessment and must agree to cooperate with any future evaluation assessment as directed by the drug treatment court. A preadmission screening and evaluation assessment must include all of the following:
(a) A complete review of the individual’s criminal history, and a review of whether or not the individual has been admitted to and has participated in or is currently participating in a drug treatment court, whether admitted under this act or 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, section 1 of chapter XI of the code of criminal procedure, 1927 PA 175, MCL 771.1, section 350a of the Michigan penal code, 1931 PA 328, MCL 750.350a, or section 430 of the Michigan penal code, 1931 PA 328, MCL 750.430, and the results of the individual’s participation. A review of the law enforcement information network may be considered sufficient for purposes of this subdivision unless a further review is warranted. The court may accept other verifiable and reliable information from the prosecution or defense to complete its review and may require the individual to submit a statement as to whether or not the individual has previously been admitted to a drug treatment court and the results of the individual’s participation in the prior program or programs.
(b) An assessment of the risk of danger or harm to the individual, others, or the community.
(c) As much as practicable, a complete review of the individual’s history regarding the use or abuse of any controlled substance or alcohol and an assessment of whether the individual abuses controlled substances or alcohol or is drug or alcohol dependent. It is the intent of the legislature that this assessment should be a clinical assessment as much as practicable.
(d) A review of any special needs or circumstances of the individual that may potentially affect the individual’s ability to receive substance abuse treatment and follow the court’s orders.
(e) For a juvenile, an assessment of the family situation including, as much as practicable, a comparable review of any guardians or parents.
(4) Except as otherwise permitted in this act, any statement or other information obtained as a result of participating in a preadmission screening and evaluation assessment under subsection (3) is confidential and is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, and must not be used in a criminal prosecution, unless it reveals criminal acts other than, or inconsistent with, personal drug use.
(5) The 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 the purposes of determining an individual’s admission into the drug treatment court and general criminal history review, including whether the individual has previously been admitted to and participated in a drug treatment court under this act, or 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, section 1 of chapter XI of the code of criminal procedure, 1927 PA 175, MCL 771.1, section 350a of the Michigan penal code, 1931 PA 328, MCL 750.350a, or section 430 of the Michigan penal code, 1931 PA 328, MCL 750.430, and the results of the individual’s participation. The department of state police shall provide the information requested by a drug treatment court under this subsection.
Sec. 1066. Before an individual is admitted into a drug treatment court, the court shall find on the record, or place a statement in the court file pertaining to, all of the following:
(a) The individual is dependent upon or abusing drugs or alcohol and is an appropriate candidate for participation in the drug treatment court.
(b) The individual understands the consequences of entering the drug treatment court and agrees to comply with all court orders and requirements of the court’s program and treatment providers.
(c) The individual is not an unwarranted or substantial risk to the safety of the public or any individual, based upon the screening and assessment or other information presented to the court.
(d) Either the individual is not a violent offender or, subject to subdivisions (e) and (f), the drug treatment court judge and the prosecuting attorney, in consultation with any known victim in the instant case, consent to the violent offender being admitted to the drug treatment court.
(g) The individual has completed a preadmission screening and evaluation assessment under section 1064(3) and has agreed to cooperate with any future evaluation assessment as directed by the drug treatment court.
(h) The individual meets the requirements, if applicable, under section 7411 of the public health code, 1978 PA 368, MCL 333.7411, section 11 of chapter II of the code of criminal procedure, 1927 PA 175, MCL 762.11, section 4a of chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.4a, section 1 of chapter XI of the code of criminal procedure, 1927 PA 175, MCL 771.1, section 350a of the Michigan penal code, 1931 PA 328, MCL 750.350a, or section 430 of the Michigan penal code, 1931 PA 328, MCL 750.430.
(i) The terms, conditions, and the duration of the agreement between the parties, especially as to the outcome for the participant of the drug treatment court upon successful completion by the participant or termination of participation.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
This
act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved___________________________________________
____________________________________________________
Governor
