SB-0435, As Passed Senate, September 12, 2017

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 435

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

by amending sections 1060, 1062, and 1084 (MCL 600.1060, 600.1062,

 

and 600.1084), section 1060 as amended by 2006 PA 620, section 1062

 

as amended by 2010 PA 177, and section 1084 as amended by 2013 PA

 

227.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1060. As used in this chapter:

 

     (a) "Dating relationship" means that term as defined in

 

section 2950.

 

     (b) "Domestic violence offense" means any crime alleged to

 

have been committed by an individual against his or her spouse or

 

former spouse, an individual with whom he or she has a child in

 

common, an individual with whom he or she has had a dating

 

relationship, or an individual who resides or has resided in the

same household.

 

     (c) "Drug treatment court" means a court supervised treatment

 

program for individuals who abuse or are dependent upon any

 

controlled substance or alcohol. A drug treatment court shall

 

comply with the 10 key components promulgated by the national

 

association of drug court professionals, which include all of the

 

following essential characteristics:

 

     (i) Integration of alcohol and other drug treatment services

 

with justice system case processing.

 

     (ii) Use of a nonadversarial approach by prosecution and

 

defense that promotes public safety while protecting any

 

participant's due process rights.

 

     (iii) Identification of eligible participants early with

 

prompt placement in the program.

 

     (iv) Access to a continuum of alcohol, drug, and other related

 

treatment and rehabilitation services.

 

     (v) Monitoring of participants effectively by frequent alcohol

 

and other drug testing to ensure abstinence from drugs or alcohol.

 

     (vi) Use of a coordinated strategy with a regimen of graduated

 

sanctions and rewards to govern the court's responses to

 

participants' compliance.

 

     (vii) Ongoing close judicial interaction with each participant

 

and supervision of progress for each participant.

 

     (viii) Monitoring and evaluation of the achievement of program

 

goals and the program's effectiveness.

 

     (ix) Continued interdisciplinary education in order to promote

 

effective drug court planning, implementation, and operation.

     (x) The forging of partnerships among other drug courts,

 

public agencies, and community-based organizations to generate

 

local support.

 

     (d) "Participant" means an individual who is admitted into a

 

drug treatment court.

 

     (e) "Prosecutor" means the prosecuting attorney of the county,

 

the city attorney, the village attorney, or the township attorney.

 

     (f) "Traffic offense" means a violation of the Michigan

 

vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or a violation of

 

a local ordinance substantially corresponding to a violation of

 

that act, that involves the operation of a vehicle and, at the time

 

of the violation, is a felony or misdemeanor.

 

     (g) "Violent offender" means an individual who meets either of

 

the following criteria:is currently charged with or has pled guilty

 

to, or, if the individual is a juvenile, is currently alleged to

 

have committed or has admitted responsibility for, an offense

 

involving the death of or serious bodily injury to any individual,

 

whether or not any of the circumstances are an element of the

 

offense, or an offense that is criminal sexual conduct of any

 

degree.

 

     (i) Is currently charged with or has pled guilty to, or, if a

 

juvenile, is currently alleged to have committed or has admitted

 

responsibility for, an offense involving the death of or a serious

 

bodily injury to any individual, or the carrying, possessing, or

 

use of a firearm or other dangerous weapon by that individual,

 

whether or not any of these circumstances are an element of the

 

offense, or is criminal sexual conduct of any degree.

     (ii) Has 1 or more prior convictions for, or, if a juvenile,

 

has 1 or more prior findings of responsibility for, a felony

 

involving the use or attempted use of force against another

 

individual with the intent to cause death or serious bodily harm.

 

     Sec. 1062. (1) The circuit court in any judicial circuit or

 

the district court in any judicial district may adopt or institute

 

a drug treatment court, pursuant to statute or court rules.

 

However, if the drug treatment court will include in its program

 

individuals who may be eligible for discharge and dismissal of an

 

offense, delayed sentence, or deviation from the sentencing

 

guidelines, the circuit or district court shall not adopt or

 

institute the drug treatment court unless the circuit or district

 

court enters into a memorandum of understanding with each

 

participating prosecuting attorney in the circuit or district court

 

district, a representative of the criminal defense bar, and a

 

representative or representatives of community treatment providers.

 

The memorandum of understanding also may include other parties

 

considered necessary, such as any other prosecutor in the circuit

 

or district court district, local law enforcement, the probation

 

departments in that circuit or district, the local substance abuse

 

coordinating agency for that circuit or district, a domestic

 

violence service provider program that receives funding from the

 

state domestic violence prevention and treatment board, and

 

community corrections agencies in that circuit or district. The

 

memorandum of understanding shall must describe the role of each

 

party.

 

     (2) The family division of circuit court in any judicial

circuit may adopt or institute a juvenile drug treatment court,

 

pursuant to statute or court rules. However, if the drug treatment

 

court will include in its program individuals who may be eligible

 

for discharge or dismissal of an offense, or a delayed sentence,

 

the family division of circuit court shall not adopt or institute a

 

juvenile drug treatment court unless the family division of circuit

 

court enters into a memorandum of understanding with each

 

participating county prosecuting attorney in the circuit or

 

district court district, a representative of the criminal defense

 

bar specializing in juvenile law, and a representative or

 

representatives of community treatment providers. The memorandum of

 

understanding also may include other parties considered necessary,

 

such as any other prosecutor in the circuit or district court

 

district, local law enforcement, the probation departments in that

 

circuit, the local substance abuse coordinating agency for that

 

circuit, a domestic violence service provider program that receives

 

funding from the state domestic violence prevention and treatment

 

board, and community corrections agencies in that circuit. The

 

memorandum of understanding shall must describe the role of each

 

party. A juvenile drug treatment court is subject to the same

 

procedures and requirements provided in this chapter for drug

 

treatment courts created under subsection (1), except as

 

specifically provided otherwise in this chapter.

 

     (3) A court that is adopting a drug treatment court shall

 

participate in training as required by the state court

 

administrative office and the bureau of justice assistance Bureau

 

of Justice Assistance of the United States department of

justice.Department of Justice.

 

     (4) A court that has adopted a drug treatment court pursuant

 

to under this section may accept participants from any other

 

jurisdiction in this state based upon either the residence of the

 

participant in the receiving jurisdiction or the unavailability of

 

a drug treatment court in the jurisdiction where the participant is

 

charged. The transfer is not valid unless it is agreed to by all of

 

the following:

 

     (a) The defendant or respondent.

 

     (b) The attorney representing the defendant or respondent.

 

     (c) The judge of the transferring court and the prosecutor of

 

the case.

 

     (d) The judge of the receiving drug treatment court and the

 

prosecutor of a court funding unit of the drug treatment court.

 

     (5) Beginning January 1, 2018, a drug treatment court

 

operating in this state, or a circuit court in any judicial circuit

 

or the district court in any judicial district seeking to adopt or

 

institute a drug treatment court, must be certified by the state

 

court administrative office. The state court administrative office

 

shall establish the procedure for certification. Approval and

 

certification under this subsection of a drug treatment court by

 

the state court administrative office is required to begin or to

 

continue the operation of a drug treatment court under this

 

chapter. The state court administrative office shall not recognize

 

and include a drug treatment court that is not certified under this

 

subsection on the statewide official list of drug treatment courts.

 

The state court administrative office shall include a drug

treatment court certified under this subsection on the statewide

 

official list of drug treatment courts. A drug treatment court that

 

is not certified under this subsection shall not perform any of the

 

functions of a drug treatment court, including, but not limited to,

 

doing any of the following:

 

     (a) Charging a fee under section 1070.

 

     (b) Discharging and dismissing a case as provided in section

 

1076.

 

     (c) Receiving funding under section 1080.

 

     (d) Certifying to the secretary of state that an individual is

 

eligible to receive a restricted license under section 1084 of this

 

act and section 304 of the Michigan vehicle code, 1949 PA 300, MCL

 

257.304.

 

     Sec. 1084. (1) A DWI/sobriety court interlock pilot project is

 

created utilizing the DWI/sobriety courts in this state and in

 

accordance with the provisions of this chapter. The DWI/sobriety

 

court interlock pilot project shall begin on January 1, 2011 and

 

shall continue for a period of 4 years after that date. Beginning

 

January 1, 2015, the The DWI/sobriety court interlock program shall

 

be is created and shall continue with the same requirements,

 

eligibility criteria, authority, and limitations as those

 

prescribed in this section for the DWI/sobriety court interlock

 

pilot project. An individual who is a participant in a DWI/sobriety

 

court interlock pilot project on December 31, 2014 shall become,

 

automatically, a participant in a DWI/sobriety court interlock

 

program on January 1, 2015, unless the individual's participation

 

in the pilot project ceased by its own terms before January 1,

2015.under this section.

 

     (2) All DWI/sobriety courts that participate in the pilot

 

project or program shall comply with the 10 guiding principles of

 

DWI courts as promulgated by the national center National Center

 

for DWI courts.Courts.

 

     (3) Beginning January 1, 2018, a DWI/sobriety court operating

 

in this state, or a circuit court in any judicial circuit or the

 

district court in any judicial district seeking to adopt or

 

institute a DWI/sobriety court, must be certified by the state

 

court administrative office in the same manner as required for a

 

drug treatment court under section 1062(5). A DWI/sobriety court

 

shall not perform any of the functions of a DWI/sobriety court,

 

including, but not limited to, the functions of a drug treatment

 

court described in section 1062(5) after January 1, 2018 unless the

 

court has been certified by the state court administrative office

 

as provided in section 1062(5).

 

     (4) (3) In order to be considered for placement in the pilot

 

project or program, an individual must have been convicted of

 

either of the following:

 

     (a) Two or more convictions for violating section 625(1) or

 

(3) of the Michigan vehicle code, 1949 PA 300, MCL 257.625, or a

 

local ordinance of this state substantially corresponding to

 

section 625(1) or (3) of the Michigan vehicle code, 1949 PA 300,

 

MCL 257.625.

 

     (b) One conviction for violating section 625(1) or (3) of the

 

Michigan vehicle code, 1949 PA 300, MCL 257.625, or a local

 

ordinance of this state substantially corresponding to section

625(1) or (3) of the Michigan vehicle code, 1949 PA 300, MCL

 

257.625, preceded by 1 or more convictions for violating a local

 

ordinance or law of another state substantially corresponding to

 

section 625(1), (3), or (6) of the Michigan vehicle code, 1949 PA

 

300, MCL 257.625, or a law of the United States substantially

 

corresponding to section 625(1), (3), or (6) of the Michigan

 

vehicle code, 1949 PA 300, MCL 257.625.

 

     (5) (4) Each year, all DWI/sobriety courts that participate in

 

the pilot project or program, in cooperation with the state court

 

administrative office, shall provide to the legislature, the

 

secretary of state, and the supreme court documentation as to

 

participants' compliance with court ordered conditions. Best

 

practices available shall must be used in the research in question,

 

as resources allow, so as to provide statistically reliable data as

 

to the impact of the pilot project or program on public safety and

 

the improvement of life conditions for participants. The topics

 

documented shall must include, but not be limited to, all of the

 

following:

 

     (a) The percentage of those participants ordered to place

 

interlock devices on their vehicles who actually comply with the

 

order.

 

     (b) The percentage of participants who remove court-ordered

 

interlocks from their vehicles without court approval.

 

     (c) The percentage of participants who consume alcohol or

 

controlled substances.

 

     (d) The percentage of participants found to have tampered with

 

court-ordered interlocks.

     (e) The percentage of participants who operated a motor

 

vehicle not equipped with an interlock.

 

     (f) Relevant treatment information as to participants.

 

     (g) The percentage of participants convicted of a new offense

 

under section 625(1) or (3) of the Michigan vehicle code, 1949 PA

 

300, MCL 257.625.

 

     (h) Any other information found to be relevant.

 

     (6) (5) Before the secretary of state issues a restricted

 

license to a pilot project or program participant under section 304

 

of the Michigan vehicle code, 1949 PA 300, MCL 257.304, the

 

DWI/sobriety court judge shall certify to the secretary of state

 

that the individual seeking the restricted license has been

 

admitted into the pilot project or program and that an interlock

 

device has been placed on each motor vehicle owned or operated, or

 

both, by the individual.

 

     (7) (6) If any of the following occur, the DWI/sobriety court

 

judge shall immediately inform the secretary of state of that

 

occurrence:

 

     (a) The court orders that a pilot project or program

 

participant be removed from the DWI/sobriety court pilot project or

 

program before he or she successfully completes it.

 

     (b) The court becomes aware that a program participant

 

operates a motor vehicle that is not equipped with an interlock

 

device or that a program participant tampers with, circumvents, or

 

removes a court-ordered interlock device without prior court

 

approval.

 

     (c) A program participant is charged with a new violation of

section 625 of the Michigan vehicle code, 1949 PA 300, MCL 257.625.

 

     (8) (7) The receipt of notification by the secretary of state

 

under subsection (6) shall (7) must result in summary revocation or

 

suspension of the restricted license under section 304 of the

 

Michigan vehicle code, 1949 PA 300, MCL 257.304.

 

     (9) (8) As used in this section:

 

     (a) "DWI/sobriety courts" court" means the specialized court

 

docket and programs established within judicial circuits and

 

districts throughout this state that are designed to reduce

 

recidivism among alcohol offenders and that comply with the 10

 

guiding principles of DWI courts as promulgated by the national

 

center for DWI courts.

 

     (b) "Ignition interlock device" means that term as defined in

 

section 20d of the Michigan vehicle code, 1949 PA 300, MCL 257.20d.

 

     (c) "Pilot project" means the DWI/sobriety court interlock

 

pilot project created under subsection (1) on September 2, 2010 and

 

authorized to operate for 4 years beginning January 1, 2011.

 

     (c) (d) "Program" means the DWI/sobriety court interlock

 

program created on the effective date of the amendatory act that

 

added this subdivision and authorized to operate beginning January

 

1, 2015.under this section.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless all of the following bills of the 99th Legislature are

 

enacted into law:

 

     (a) Senate Bill No. 436.

     (b) Senate Bill No. 437.

 

     (c) Senate Bill No. 438.