REVISED JUDICATURE ACT OF 1961 (EXCERPT)
Act 236 of 1961
***** 600.1201 THIS SECTION IS AMENDED EFFECTIVE FEBRUARY 11, 2018: See 600.1201.amended *****
600.1201 Veterans treatment court; compliance; characteristics; memorandum of understanding; training; participants from other jurisdiction; validity of transfer.
(1) A veterans court shall comply with the modified version of the 10 key components of drug treatment courts as promulgated by the Buffalo veterans treatment court, which include all of the following essential characteristics:
(a) Integration of alcohol, drug treatment, and mental health services with justice system case processing.
(b) Use of a nonadversarial approach; prosecution and defense counsel promote public safety while protecting participants' due process rights.
(c) Early and prompt identification and placement of eligible participants in the veterans treatment court program.
(d) Provision of access to a continuum of alcohol, drug, mental health, and related treatment and rehabilitation services.
(e) Monitoring of abstinence by frequent alcohol and other drug testing.
(f) A coordinated strategy that governs veterans treatment court responses to participants' compliance.
(g) Ongoing judicial interaction with each veteran is essential.
(h) Monitoring and evaluation to measure the achievement of program goals and gauge effectiveness.
(i) Continuing interdisciplinary education promotes effective veterans treatment court planning, implementation, and operations.
(j) Forging of partnerships among veterans treatment court, veterans administration, public agencies, and community-based organizations generates local support and enhances veteran treatment court effectiveness.
(2) The circuit court in any judicial circuit or the district court in any judicial district may adopt or institute a veterans treatment court by statute or court rule if 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, a representative or representatives of community treatment providers, a representative or representatives of veterans service organizations in the circuit or district court district, and a representative or representatives of the United States department of veterans affairs. However, the memorandum of understanding will only be required to include the prosecuting attorney if the veterans treatment court will include in its program individuals who may be eligible for discharge and dismissal of an offense, a delayed sentence, deferred entry of judgment, or a sentence involving deviation from the sentencing guidelines. 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, a representative or representatives of the local court funding unit, and community corrections agencies in that circuit or district. The memorandum of understanding shall describe the role of each party, and the conditions for which the memorandum of understanding must be renewed and amended.
(3) A court that is adopting a veterans treatment court shall participate in training as required by the state court administrative office.
(4) A court that has adopted a veterans treatment court 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 veterans treatment court in the jurisdiction where the participant is charged. The transfer can occur at any time during the proceedings, including, but not limited to, prior to adjudication. The receiving court shall have jurisdiction to impose sentence, including, but not limited to, sanctions, incentives, incarceration, and phase changes. A transfer under this subsection 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 veterans treatment court and the prosecutor of a court funding unit of the veterans treatment court.
History: Add. 2012, Act 335, Imd. Eff. Oct. 16, 2012
Compiler's Notes: Former MCL 600.1201, which pertained to drawing and summoning of jurors, was repealed by Act 326 of 1968, Eff. Nov. 15, 1968.
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