HB-4967, As Passed House, December 12, 2013HB-4967, As Passed Senate, December 12, 2013

 

 

 

 

 

 

 

 

 

 

 

 

SENATE SUBSTITUTE FOR

 

HOUSE BILL NO. 4967

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

by amending section 1076 (MCL 600.1076), as amended by 2012 PA 547.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1076. (1) Upon completion or termination of the drug

 

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) For a participant who successfully completes probation or

 

other court supervision and whose proceedings were deferred or who

 

was sentenced under section 1070, the court shall comply with the

 


agreement made with the participant upon admission into the drug

 

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 drug treatment

 

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

 

procedure, 1927 PA 175, MCL 762.11, 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, the court shall proceed under the applicable section

 

of law. There may only be 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 1062,

 

may discharge and dismiss the proceedings against an individual who

 

meets all of the following criteria:

 

     (a) The individual has participated in a drug treatment court

 

for the first time.

 

     (b) The individual has successfully completed the terms and

 

conditions of the drug 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 or, for a juvenile, without

 

adjudication of responsibility and are not a conviction or a

 


finding of responsibility for purposes of this section or for

 

purposes of disqualifications or disabilities imposed by law upon

 

conviction of a crime or, for a juvenile, a finding of

 

responsibility. There may only be 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 law enforcement

 

information network with an indication of participation by the

 

individual in a drug treatment court. All records of the

 

proceedings regarding the participation of the individual in the

 

drug 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.

 

     (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 or, in the

 

case of a juvenile, enter a finding or adjudication of

 

responsibility.

 

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

 

proceed to sentencing or, in the case of a juvenile, disposition

 

pursuant to the agreement.

 

     (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 law enforcement information network with an indication of

 

successful participation by the individual in a drug treatment

 

court.

 

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

 

fails to successfully complete the drug treatment court program,

 

the court shall enter an adjudication of guilt, or, in the case of

 

a juvenile, a finding of responsibility, if the entering of guilt

 

or adjudication of responsibility was deferred under section 1070,

 

and shall then proceed to sentencing or disposition of the

 

individual for the original charges to which the individual pled

 

guilty or, if a juvenile, to which the juvenile admitted

 

responsibility prior to admission to the drug 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 drug 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 law enforcement information network, with an

 

indication that the individual unsuccessfully participated in a

 

drug treatment court.

 

     (9) All court proceedings under this section shall be open to

 

the public. Except as provided in subsection (10), if the record of

 

proceedings as to the defendant is deferred under this section, the

 

record of proceedings during the period of deferral shall be closed

 

to public inspection.

 

     (10) Unless the court enters a judgment of guilt or an

 


adjudication of responsibility under this section, the department

 

of state police shall retain a nonpublic record of the arrest,

 

court proceedings, and disposition of the criminal charge under

 

this section. However, the nonpublic record shall be open to the

 

following individuals and entities for the purposes noted:

 

     (a) The courts of this state, law enforcement personnel, the

 

department of corrections, and prosecuting attorneys for use only

 

in the performance of their duties or to determine whether an

 

employee of the court, law enforcement agency, department of

 

corrections, or prosecutor's office has violated his or her

 

conditions of employment or whether an applicant meets criteria for

 

employment with the court, law enforcement agency, department of

 

corrections, or prosecutor's office.

 

     (b) The courts of this state, law enforcement personnel, and

 

prosecuting attorneys for the purpose of showing that a defendant

 

has already once availed himself or herself of this section.

 

     (c) The department of corrections for ascertaining

 

preemployment criminal history or to determine whether a department

 

of corrections employee has violated conditions of employment.

 

     (c) (d) The department of human services for enforcing child

 

protection laws and vulnerable adult protection laws or

 

ascertaining the preemployment criminal history of any individual

 

who will be engaged in the enforcement of child protection laws or

 

vulnerable adult protection laws.

 

     Enacting section 1. This amendatory act takes effect January

 

1, 2014.