REVISED JUDICATURE ACT OF 1961 (EXCERPT)
Act 236 of 1961
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:
(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.
History: Add. 2004, Act 224, Eff. Jan. 1, 2005
Am. 2006, Act 620, Imd. Eff. Jan. 3, 2007
© 2017 Legislative Council, State of Michigan