Bill Text: MI HB5484 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Courts: drug court; termination procedure for drug treatment courts; modify. Amends sec. 1074 of 1961 PA 236 (MCL 600.1074).
Spectrum: Strong Partisan Bill (Democrat 14-1)
Status: (Introduced - Dead) 2021-10-28 - Bill Electronically Reproduced 10/27/2021 [HB5484 Detail]
Download: Michigan-2021-HB5484-Introduced.html
HOUSE BILL NO. 5484
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 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 at the court's discretion.
(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 unless, after consultation with the treatment team and the agreement of the prosecuting attorney, the judge decides to continue the participant 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.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
