Bill Text: MI HB5159 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Courts; circuit court; veterans treatment court; provide for the state drug treatment court advisory committee to monitor. Amends sec. 1082 of 1961 PA 236 (MCL 600.1082). TIE BAR WITH: HB 5162'11
Spectrum: Partisan Bill (Republican 9-0)
Status: (Passed) 2012-10-17 - Assigned Pa 334'12 With Immediate Effect [HB5159 Detail]
Download: Michigan-2011-HB5159-Introduced.html
HOUSE BILL No. 5159
November 10, 2011, Introduced by Reps. Wayne Schmidt, Damrow, Hughes, Foster, Johnson, Zorn, Rendon, Kurtz and Jenkins and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 1082 (MCL 600.1082), as added by 2004 PA 224.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1082. (1) A state drug treatment court advisory committee
is created in the legislative council. The state drug treatment
court advisory committee consists of the following members:
(a) The state court administrator or his or her designee.
(b) Sixteen members appointed jointly by the speaker of the
house of representatives and the senate majority leader, as
follows:
(i) A circuit court judge who has presided for at least 2 years
over a drug treatment court.
(ii) A district court judge who has presided for at least 2
years over a drug treatment court.
(iii) A judge of the family division of circuit court who has
presided for at least 2 years over a juvenile drug treatment court
program.
(iv) A circuit or district court judge who has presided for at
least 2 years over an alcohol treatment court.
(v) A circuit or district court judge who has presided over a
veterans treatment court.
(vi) (v) A
court administrator who has worked for at least 2
years with a drug or alcohol treatment court.
(vii) (vi) A
prosecuting attorney who has worked for at least 2
years with a drug or alcohol treatment court.
(viii) (vii) An
individual representing law enforcement in a
jurisdiction that has had a drug or alcohol treatment court for at
least 2 years.
(ix) (viii) An
individual representing drug treatment providers
who has worked at least 2 years with a drug or alcohol treatment
court.
(x) (ix) An
individual representing defense attorneys, who has
worked for at least 2 years with drug or alcohol treatment courts.
(xi) (x) An
individual who has successfully completed a drug
treatment court program.
(xii) (xi) An
individual who has successfully completed a
juvenile drug treatment court program.
(xiii) (xii) An
individual who is an advocate for the rights of
crime victims.
(xiv) (xiii) An
individual representing the Michigan association
of drug court professionals.
(xv) (xiv) An
individual who is a probation officer and has
worked for at least 2 years for a drug or alcohol treatment court.
(xvi) (xv) An
individual representing a substance abuse
coordinating agency.
(xvii) (xvi) An
individual representing domestic violence service
provider programs that receive funding from the state domestic
violence prevention and treatment board.
(2) Members of the advisory committee shall serve without
compensation. However, members of the advisory committee may be
reimbursed for their actual and necessary expenses incurred in the
performance of their duties as members of the advisory committee.
(3) Members of the advisory committee shall serve for terms of
4 years each, except that the members first appointed shall serve
terms as follows:
(a)
The members appointed under subsection (1)(b)(i) to (v) (vi)
shall serve terms of 4 years each.
(b)
The members appointed under subsection (1)(b)(vi)
(1)(b)(vii) to (x) (xi) shall serve terms of 3
years each.
(c)
The members appointed under subsection (1)(b)(xi)
(1)(b)(xii) to (xvi) (xvii) shall serve terms of 2
years each.
(4) If a vacancy occurs in an appointed membership on the
advisory committee, the appointing authority shall make an
appointment for the unexpired term in the same manner as the
original appointment.
(5) The appointing authority may remove an appointed member of
the advisory committee for incompetency, dereliction of duty,
malfeasance, misfeasance, or nonfeasance in office, or any other
good cause.
(6) The first meeting of the advisory committee shall be
called by the speaker of the house of representatives and the
senate majority leader. At the first meeting, the advisory
committee shall elect from among its members a chairperson and
other officers as it considers necessary or appropriate. After the
first meeting, the advisory committee shall meet at least
quarterly, or more frequently at the call of the chairperson or if
requested by 9 or more members.
(7) A majority of the members of the advisory committee
constitute a quorum for the transaction of business at a meeting of
the advisory committee. A majority of the members present and
serving are required for official action of the advisory committee.
(8) The business that the advisory committee may perform shall
be conducted at a public meeting of the advisory committee held in
compliance with the open meetings act, 1976 PA 267, MCL 15.261 to
15.275.
(9) A writing prepared, owned, used, in the possession of, or
retained by the advisory committee in the performance of an
official function is subject to the freedom of information act,
1976 PA 442, MCL 15.231 to 15.246.
(10) The advisory committee shall monitor the effectiveness of
drug treatment courts and veterans treatment courts and the
availability of funding for those courts and shall present annual
recommendations to the legislature and supreme court regarding
proposed
statutory changes regarding drug treatment those courts.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No.____ (request no.
04154'11) of the 96th Legislature is enacted into law.
