Bill Text: MI SB0630 | 2011-2012 | 96th Legislature | Engrossed
Bill Title: Criminal procedure; probation; retention and release of nonpublic records of an arrest, diversion, discharge, or dismissal of certain controlled substance cases; clarify. Amends sec. 1076 of 1961 PA 236 (MCL 600.1076).
Spectrum: Slight Partisan Bill (Republican 5-2)
Status: (Passed) 2012-12-31 - Assigned Pa 0547'12 2012 Addenda [SB0630 Detail]
Download: Michigan-2011-SB0630-Engrossed.html
SB-0630, As Passed House, December 12, 2012
HOUSE SUBSTITUTE FOR
SENATE BILL NO. 630
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 1076 (MCL 600.1076), as added by 2004 PA 224.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1076. (1) Upon completion or termination of the drug
treatment court program, the court shall find on the record or
place a written statement in the court file as to 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 deferred or who
was
sentenced pursuant to under
section 1070, the court shall
comply with the agreement made with the participant upon admission
into the drug treatment court, or the agreement as it was altered
after admission by the court with approval of the participant and
the prosecutor for that jurisdiction as provided in subsections (3)
to (8).
(3) If an individual is participating in a drug treatment
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 ,
or
section 430 of the Michigan penal code, 1931 PA 328, MCL
750.430,
and 750.430, the court shall proceed pursuant to 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 1062,
may discharge and dismiss the proceedings against an individual who
meets all of the following criteria:
(a) The individual has participated in a drug treatment court
for the first time.
(b) The individual has successfully completed the terms and
conditions of the drug treatment 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 is not currently charged with and has not
pled guilty to a traffic offense.
(e) The individual has not previously been subject to more
than 1 of any 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 him or her
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
, or section 430 of
the
Michigan penal code, 1931 PA 328, MCL 750.430.and 750.430.
(5) The court may grant 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
Senate Bill No. 630 (H-2) as amended December 11, 2012
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 drug treatment court. All records of the
proceedings regarding the participation of the individual in the
drug
treatment court pursuant to 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. The department of state police shall enter that information
into the law enforcement information network with an indication of
successful participation by the individual in a drug treatment
court.
(8) For a participant whose participation is terminated or who
fails to successfully complete the drug treatment court program,
the court shall enter an adjudication of guilt, or, in the case of
a juvenile, a finding of responsibility, if the entering of guilt
or
adjudication of responsibility was deferred pursuant to under
section 1070, and shall then proceed to sentencing or disposition
of the individual for the original charges to which the individual
pled guilty or, if a juvenile, to which the juvenile admitted
responsibility prior to admission to the drug treatment court. Upon
sentencing or disposition of the individual, the court shall send a
record of that sentence or disposition and the individual's
unsuccessful participation in the drug treatment court 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 that the individual unsuccessfully participated in a
drug treatment court.
(9) All court proceedings under this section shall be open to
the public. Except as provided in subsection (10), if the record of
proceedings as to the defendant is deferred under this section, the
record of proceedings during the period of deferral shall be closed
to public inspection.
(10) Unless the court enters a judgment of guilt or an
adjudication of responsibility under this section, the department
of state police shall retain a nonpublic record of the arrest,
court proceedings, and disposition of the criminal charge under
this section. However, the nonpublic record shall be open to the
following individuals and entities for the purposes noted:
(a) The courts of this state, law enforcement personnel, and
prosecuting attorneys for use only in the performance of their
duties.
(b) The courts of this state, law enforcement personnel, and
prosecuting attorneys for the purpose of showing that a defendant
has already once availed himself or herself of this section.
(c) The department of corrections for ascertaining
preemployment criminal history or to determine whether a department
of corrections employee has violated conditions of employment.
(d) The department of human services for enforcing child
protection laws and vulnerable adult protection laws or
ascertaining the preemployment criminal history of any individual
who will be engaged in the enforcement of child protection laws or
vulnerable adult protection laws.
Enacting section 1. This amendatory act takes effect April 1,
2013.
