SENATE BILL No. 438

 

 

June 7, 2017, Introduced by Senator SCHUITMAKER and referred to the Committee on Judiciary.

 

 

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

by amending section 1201 (MCL 600.1201), as added by 2012 PA 335,

 

and by amending the heading of chapter 12.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

CHAPTER 12

 

JURORS VETERANS TREATMENT COURTS

 

     Sec. 1201. (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 that 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 to generate local support and enhances

 

enhance 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. 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 must 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.

 

     (5) Beginning January 1, 2018, a veterans 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 veterans 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 veterans treatment

 

court is required to begin or to continue the operation of a

 

veterans treatment court under this chapter. The state court

 

administrative office shall not recognize and include a veterans

 

treatment court that is not certified under this subsection on the

 

statewide official list of veterans treatment courts. The state


court administrative office shall include a veterans treatment

 

court certified under this subsection on the statewide official

 

list of veterans treatment courts. A veterans treatment court that

 

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

 

functions of a veterans treatment court, including, but not limited

 

to, any of the following functions:

 

     (a) Charging a fee under section 1206.

 

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

 

1209.

 

     (c) Receiving funding under section 1211.

 

     (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.

 

     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. 435.                                   

 

         

 

     (b) Senate Bill No. 436.                                   

 

         

 

     (c) Senate Bill No. 437.