HOUSE BILL No. 5162

 

November 10, 2011, Introduced by Reps. Damrow, Glardon, Ouimet, Haines, Tyler, Callton, Hughes, Darany, Lindberg, Bledsoe, Liss, Cavanagh, Ananich, Smiley, Haugh, Dillon, Geiss, Foster, Price, Pettalia, Bumstead, Lyons, Shirkey, Franz, Lori, LaFontaine, Yonker, Rogers, MacGregor, Agema, Rendon, Jenkins, Gilbert, Heise, Potvin, Muxlow, Forlini, Kowall and Johnson and referred to the Committee on Judiciary.

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

(MCL 600.101 to 600.9947) by adding chapter 10B.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

CHAPTER 10B

 

     Sec. 1090. As used in this chapter:

 

     (a) "Armed forces" means the army, air force, navy, marine

 

corps, coast guard, or other military force designated by congress

 

as a part of the armed forces of the United States.

 

     (b) "Department of military and veterans affairs" or "DMVA"

 

means the department of military and veterans affairs established

 

under section 125 of the executive organization act of 1965, 1965

 

PA 380, MCL 16.225.

 

     (c) "Department of veterans affairs" or "VA" means the United

 

States department of veterans affairs.


 

     (d) "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.

 

     (e) "L.E.I.N." means the law enforcement information network

 

regulated under the C.J.I.S. policy council act, 1974 PA 163, MCL

 

28.211 to 28.215.

 

     (f) "Mental illness" means a substantial disorder of thought

 

or mood that significantly impairs judgment, behavior, capacity to

 

recognize reality, or ability to cope with the ordinary demands of

 

life.

 

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

 

veterans treatment court.

 

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

 

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

 

     (i) "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.

 

     (j) "Veteran" means any of the following:

 

     (i) A person who served on active duty in the armed forces for

 

a period of more than 180 days and separated from the armed forces

 

in a manner other than a dishonorable discharge.

 

     (ii) A person discharged or released from active duty because


 

of a service-related disability.

 

     (iii) A member of a reserve branch of the armed forces at the

 

time he or she was ordered to active duty during a period of war,

 

or in a campaign or expedition for which a campaign badge is

 

authorized, and was released from active duty in a manner other

 

than a dishonorable discharge.

 

     (k) "Veteran service organization" or "VSO" means an

 

organization that is accredited by the United States department of

 

veterans affairs, as recognized under 38 CFR 14.628.

 

     (l) "Veterans treatment court" or "veterans court" means a

 

court adopted or instituted under section 1091 that provides a

 

supervised treatment program for individuals who are veterans and

 

who abuse or are dependent upon any controlled substance or alcohol

 

or suffer from a mental illness.

 

     (m) "Violent offender" means an individual who is currently

 

charged with or has pled guilty to an offense involving the death

 

of, or a serious bodily injury to, any individual, whether or not

 

any of these circumstances are an element of the offense, or is

 

criminal sexual conduct in any degree.

 

     Sec. 1091. (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, 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, 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.

 

     Sec. 1092. A veterans treatment court may hire or contract

 

with licensed or accredited treatment providers, in consultation

 

and cooperation with the local substance abuse coordinating agency,

 

and other appropriate persons to assist the veterans treatment

 

court in fulfilling its requirements under this chapter, including,

 

but not limited to, an investigation of an individual's background

 

or circumstances, or a clinical evaluation of an individual, before

 

the individual is admitted or permitted to participate in a

 

veterans treatment court. It is the intent of the legislature that,

 

services, including, but not limited to, clinical evaluations, drug

 

and alcohol treatment, and mental health services, shall be

 

provided by the VA to the extent that is practical.

 

     Sec. 1093. (1) A veterans treatment court shall determine

 

whether an individual may be admitted to the veterans treatment

 

court. No individual has a right to be admitted into a veterans


 

treatment court. However, an individual is not eligible for

 

admission into a veterans treatment court if he or she is a violent

 

offender. An individual is eligible for admission into a veterans

 

treatment court if he or she has previously had an offense

 

discharged or dismissed as a result of participation in a veterans

 

treatment court, drug treatment court, or other specialty court,

 

but he or she shall not have a subsequent offense discharged or

 

dismissed as a result of participating in the veterans treatment

 

court.

 

     (2) In addition to admission to a veterans treatment court

 

under this act, an individual who is eligible for admission under

 

this act may also be admitted to a veterans treatment court under

 

any of the following circumstances:

 

     (a) The individual has been assigned the status of youthful

 

trainee under section 11 of chapter II of the code of criminal

 

procedure, 1927 PA 175, MCL 762.11.

 

     (b) The individual has had criminal proceedings against him or

 

her deferred and has been placed on probation under any of the

 

following:

 

     (i) Section 7411 of the public health code, 1978 PA 368, MCL

 

333.7411, or a local ordinance or another law of this state,

 

another state, or the United States that is substantially similar

 

to that section.

 

     (ii) Section 4a of chapter IX of the code of criminal

 

procedure, 1927 PA 175, MCL 769.4a, or a local ordinance or another

 

law of this state, another state, or the United States that is

 

substantially similar to that section.


 

     (iii) Section 350a or 430 of the Michigan penal code, 1931 PA

 

328, MCL 750.350a and 750.430, or a local ordinance or another law

 

of this state, another state, or the United States that is

 

substantially similar to those sections.

 

     (3) To be eligible for admission to a veterans treatment

 

court, an individual shall cooperate with and complete a

 

preadmissions screening and evaluation assessment and shall agree

 

to cooperate with any future evaluation assessment as directed by

 

the veterans treatment court. A preadmission screening and

 

evaluation assessment shall include all of the following:

 

     (a) A determination of the individual's veteran status. A

 

review of the DD Form 214 "certificate of release or discharge from

 

active duty" satisfies the requirement of this subdivision.

 

     (b) A complete review of the individual's criminal history and

 

whether the individual has been admitted to, has participated in,

 

or is currently participating in a veterans treatment court, drug

 

treatment court, or other specialty court, whether admitted under

 

this act or a law listed under subsection (2), and the results of

 

the individual's participation. A review of the L.E.I.N. satisfies

 

the requirements of this subdivision unless a further review is

 

warranted. The court may accept other verifiable and reliable

 

information from the prosecution or defense to complete its review

 

and may require the individual to submit a statement as to whether

 

or not he or she has previously been admitted to a veterans

 

treatment court, drug treatment court, or other specialty court,

 

and the results of his or her participation in the prior program or

 

programs.


 

     (c) An assessment of the risk of danger or harm to the

 

individual, others, or the community.

 

     (d) A review of the individual's history regarding the use or

 

abuse of any controlled substance or alcohol and an assessment of

 

whether the individual abuses controlled substances or alcohol or

 

is drug or alcohol dependent. It is the intent of the legislature

 

that, to the extent practicable, an assessment under this

 

subdivision shall be a clinical assessment completed by the VA.

 

     (e) A review of the individual's mental health history. It is

 

the intent of the legislature that, to the extent practicable, this

 

assessment shall be a clinical assessment completed by the VA.

 

     (f) A review of any special needs or circumstances of the

 

individual that may potentially affect the individual's ability to

 

receive substance abuse treatment and follow the court's orders.

 

     (4) Except as otherwise permitted in this act, any statement

 

or other information obtained as a result of an individual's

 

participation in a preadmission screening and evaluation assessment

 

under subsection (3) is confidential, is exempt from disclosure

 

under the freedom of information act, 1976 PA 442, MCL 15.231 to

 

15.246, and shall not be used in a criminal prosecution, except for

 

a statement or information that reveals criminal acts other than

 

personal drug use.

 

     (5) The court may request that the department of state police

 

provide to the court information contained in the L.E.I.N.

 

pertaining to an individual applicant's criminal history for the

 

purposes of determining an individual's admission into the veterans

 

treatment court and general criminal history review, including


 

whether the individual has previously been admitted to and

 

participated in a veterans treatment court, drug treatment court,

 

or other specialty court under this act or under a statute listed

 

under subsection (2), and the results of the individual's

 

participation. The department of state police shall provide the

 

information requested by a veterans treatment court under this

 

subsection.

 

     Sec. 1094. Before an individual is admitted into a veterans

 

treatment court, the court shall find on the record or place a

 

statement in the court file establishing all of the following:

 

     (a) That the individual is a veteran.

 

     (b) That the individual is dependent upon or abusing drugs or

 

alcohol, or suffers from a mental illness, and is an appropriate

 

candidate for participation in the veterans treatment court.

 

     (c) That the individual understands the consequences of

 

entering the veterans treatment court and agrees to comply with all

 

court orders and requirements of the court's program and treatment

 

providers.

 

     (d) That the individual is not an unwarranted or substantial

 

risk to the safety of the public or any individual, based upon the

 

screening and assessment or other information presented to the

 

court.

 

     (e) That the individual is not a violent offender.

 

     (f) That the individual has completed a preadmission screening

 

and evaluation assessment under section 1093(3) and has agreed to

 

cooperate with any future evaluation assessment as directed by the

 

veterans treatment court.


 

     (g) That the individual meets the requirements, if applicable,

 

of a statute listed under section 1093(2).

 

     (h) The terms, conditions, and duration of the agreement

 

between the parties, and the outcome for the participant of the

 

veterans treatment court upon successful completion by the

 

participant or termination of participation.

 

     Sec. 1095. (1) If the individual being considered for

 

admission to a veterans treatment court is charged in a criminal

 

case, his or her admission is subject to all of the following

 

conditions:

 

     (a) The offense or offenses allegedly committed by the

 

individual are generally related to the military service of the

 

individual, including the abuse, illegal use, or possession of a

 

controlled substance or alcohol, or mental illness that arises as a

 

result of service.

 

     (b) The individual pleads guilty to the charge or charges on

 

the record.

 

     (c) The individual waives in writing the right to a speedy

 

trial, the right to representation by an attorney at veterans

 

treatment court review hearings, and, with the agreement of the

 

prosecutor, the right to a preliminary examination.

 

     (d) The individual signs a written agreement to participate in

 

the veterans treatment court.

 

     (2) An individual who may be eligible for discharge and

 

dismissal of an offense, delayed sentence, or deviation from the

 

sentencing guidelines shall not be admitted to a veterans treatment

 

court unless the prosecutor first approves the admission of the


 

individual into the veterans treatment court in conformity with the

 

memorandum of understanding under section 1091(2).

 

     (3) An individual shall not be admitted to, or remain in, a

 

veterans treatment court under an agreement that would permit the

 

discharge or dismissal of a traffic offense upon successful

 

completion of the veterans treatment court program.

 

     (4) In addition to rights accorded a victim under the William

 

Van Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.751

 

to 780.834, the veterans treatment court shall permit any victim of

 

the offense or offenses of which the individual is charged, any

 

victim of a prior offense of which that individual was convicted,

 

and members of the community in which the offenses were committed

 

or in which the defendant resides to submit a written statement to

 

the court regarding the advisability of admitting the individual

 

into the veterans treatment court.

 

     (5) An individual who has waived his or her right to a

 

preliminary examination and has pled guilty as part of his or her

 

application to a veterans treatment court and who is not admitted

 

to a veterans treatment court shall be permitted to withdraw his or

 

her plea and is entitled to a preliminary examination.

 

     Sec. 1096. (1) All of the following conditions apply to an

 

individual admitted to a veterans treatment court:

 

     (a) For an individual who is admitted to a veterans treatment

 

court based upon having a criminal charge currently filed against

 

him or her, the court shall accept the individual's plea of guilty.

 

     (b) One of the following applies to an individual who pled

 

guilty to a criminal charge for which he or she was admitted to a


 

veterans treatment court, as applicable:

 

     (i) If the individual pled guilty to an offense that is not a

 

traffic offense and may be eligible for discharge and dismissal

 

under the agreement with the court and prosecutor upon successful

 

completion of the veterans treatment court program, the court shall

 

not enter a judgment of guilt.

 

     (ii) If the individual pled guilty to a traffic offense or

 

another offense but is not eligible for discharge and dismissal

 

under the agreement with the court and prosecutor upon successful

 

completion of the veterans treatment court program, the court shall

 

enter a judgment of guilt.

 

     (c) Under the agreement with the individual and the

 

prosecutor, the court may either defer further proceedings as

 

provided in section 1 of chapter XI of the code of criminal

 

procedure, 1927 PA 175, MCL 771.1, or proceed to sentencing, as

 

applicable in that case under that agreement, and place the

 

individual on probation or other court supervision in the veterans

 

treatment court program with terms and conditions according to the

 

agreement and as considered necessary by the court.

 

     (2) The court shall maintain jurisdiction over the veterans

 

treatment court participant as provided in this act until final

 

disposition of the case, but not longer than the probation period

 

fixed under section 2 of chapter XI of the code of criminal

 

procedure, 1927 PA 175, MCL 771.2.

 

     (3) The veterans treatment court shall cooperate with, and act

 

in a collaborative manner with, the prosecutor, defense counsel,

 

treatment providers, the local substance abuse coordinating agency


 

for that circuit or district, probation departments, the United

 

States department of veterans affairs, local VSOs in that circuit

 

or district, and, to the extent possible, local law enforcement,

 

the department of corrections, and community corrections agencies.

 

     (4) The veterans treatment court may require an individual

 

admitted into the court to pay a veterans treatment court fee that

 

is reasonably related to the cost to the court for administering

 

the veterans treatment court program as provided in the memorandum

 

of understanding under section 1091(2). The clerk of the veterans

 

treatment court shall transmit the fees collected to the treasurer

 

of the local funding unit at the end of each month.

 

     (5) The veterans treatment court may request that the

 

department of state police provide to the court information

 

contained in the L.E.I.N. pertaining to an individual applicant's

 

criminal history for purposes of determining the individual's

 

compliance with all court orders. The department of state police

 

shall provide the information requested by a veterans treatment

 

court under this subsection.

 

     Sec. 1097. (1) A veterans treatment court shall provide an

 

individual admitted to the court with all of the following:

 

     (a) Consistent, continual, and close monitoring and

 

interaction with the court, treatment providers, probation, and the

 

participant.

 

     (b) A mentorship relationship with another veteran who can

 

offer the participant support, guidance, and advice. It is the

 

intent of the legislature that, where practicable, the assigned

 

mentor should be as similar to the individual as possible in terms


 

of age, gender, branch of service, military rank, and period of

 

military service.

 

     (c) Mandatory periodic and random testing for the presence of

 

any controlled substance or alcohol in a participant's blood,

 

urine, or breath, using, to the extent practicable, the best

 

available, accepted, and scientifically valid methods.

 

     (d) Periodic evaluation assessments of the participant's

 

circumstances and progress in the program.

 

     (e) A regimen or strategy of appropriate and graduated but

 

immediate rewards for compliance and sanctions for noncompliance,

 

including, but not limited to, the possibility of incarceration or

 

confinement.

 

     (f) Substance abuse treatment services, relapse prevention

 

services, education, and vocational opportunities as appropriate

 

and practicable. It is the intent of the legislature that, where

 

practicable, these services shall be provided by the VA.

 

     (g) Mental health treatment services as appropriate and

 

practicable. It is the intent of the legislature that, where

 

practicable, these services shall be provided by the VA.

 

     (2) Any statement or other information obtained as a result of

 

participating in assessment, treatment, or testing while in a

 

veterans treatment court is confidential and is exempt from

 

disclosure under the freedom of information act, 1976 PA 442, MCL

 

15.231 to 15.246, and shall not be used in a criminal prosecution,

 

except for a statement or information that reveals criminal acts

 

other than, or inconsistent with, personal drug use.

 

     Sec. 1098. (1) In order to continue to participate in and


 

successfully complete a veterans treatment court program, an

 

individual shall do all of the following:

 

     (a) Pay all court-ordered fines and costs, including minimum

 

state costs.

 

     (b) Pay the veterans treatment court fee allowed under section

 

1096(4).

 

     (c) Pay all court-ordered restitution.

 

     (d) Pay all crime victims' rights assessments under section 5

 

of 1989 PA 196, MCL 780.905.

 

     (e) Comply with all court orders. Violations of a court order

 

may be sanctioned within the court's discretion.

 

     (2) The veterans treatment court shall be notified if the

 

veterans treatment court participant is accused of a new crime, and

 

the judge shall consider whether to terminate the participant's

 

participation in the veterans treatment court program in conformity

 

with the memorandum of understanding under section 1091(2). If the

 

participant is convicted of a felony for an offense that occurred

 

after the defendant is admitted to the veterans treatment court,

 

the judge shall terminate the participant's participation in the

 

veterans treatment court.

 

     (3) The court shall require that a participant pay all fines,

 

costs, the fee, restitution, and assessments described in

 

subsection (1)(a) to (d) and pay all, or make substantial

 

contributions toward payment of, the costs of the treatment and the

 

veterans treatment court program services provided to the

 

participant, including, but not limited to, the costs of urinalysis

 

and such testing or any counseling provided. However, if the court


 

determines that the payment of fines, the fee, or costs of

 

treatment under this subsection would be a substantial hardship for

 

the individual or would interfere with the individual's substance

 

abuse or mental health treatment, the court may waive all or part

 

of those fines, the fee, or costs of treatment.

 

     Sec. 1099. (1) Upon completion or termination of the veterans

 

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) If a participant successfully completes probation or other

 

court supervision and the participant's proceedings were deferred

 

or the participant was sentenced under section 1096, the court

 

shall comply with the agreement made with the participant upon

 

admission into the veterans 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 veterans treatment

 

court under a statute listed in section 1093(2), the court shall

 

proceed under the applicable section of law. There shall be not

 

more than 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

 

1091(2), may discharge and dismiss the proceedings against an


 

individual who meets all of the following criteria:

 

     (a) The individual has participated in a veterans treatment

 

court for the first time.

 

     (b) The individual has successfully completed the terms and

 

conditions of the veterans 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 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

 

without adjudication of guilt and is not a conviction for purposes

 

of this section or for purposes of disqualifications or

 

disabilities imposed by law upon conviction of a crime. There shall

 

be not more than 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 L.E.I.N. with an indication

 

of participation by the individual in a veterans treatment court.

 

All records of the proceedings regarding the participation of the

 

individual in the veterans treatment court 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.

 

     (b) If the court has not already sentenced the individual,

 

proceed to sentencing.

 

     (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 L.E.I.N. with an indication of successful participation by

 

the individual in a veterans treatment court.

 

     (8) For a participant whose participation is terminated or who

 

fails to successfully complete the veterans treatment court

 

program, the court shall enter an adjudication of guilt if the

 

entering of guilt was deferred under section 1096 and shall then

 

proceed to sentencing or disposition of the individual for the

 

original charges to which the individual pled guilty prior to

 

admission to the veterans 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 veterans 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 L.E.I.N., with an indication that the individual unsuccessfully

 

participated in a veterans treatment court.

 

     Sec. 1100. Each veterans treatment court shall collect and

 

provide data on each individual applicant and participant and the

 

entire program as required by the state court administrative

 

office.

 

     Sec. 1101. (1) Where practicable, the supreme court has

 

authority to expend state funds for the establishment and operation

 

of veterans treatment courts. Federal funds provided to the state

 

for the operation of veterans treatment courts shall be distributed

 

by the department of community health or the appropriate state

 

agency as otherwise provided by law. Nothing in this subsection

 

prevents a local unit of government or circuit or district court

 

from expending funds for the establishment and operation of

 

veterans treatment courts.

 

     (2) The state treasurer may receive money or other assets from

 

any source for deposit into the appropriate state fund or funds for

 

the purposes described in subsection (1).

 

     (3) Each veterans treatment court shall report quarterly to

 

the state court administrative office on the funds received and

 

expended by that veterans treatment court in a manner prescribed by

 

the state court administrative office.

 

     Sec. 1102. The state drug treatment court advisory committee

 

created under section 1082 shall monitor the effectiveness of


 

veterans treatment courts and the availability of funding and

 

present annual recommendations to the legislature and supreme court

 

regarding statutory changes regarding veterans treatment courts.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 5159(request no.

 

02168'11) of the 96th Legislature is enacted into law.