| 1 | | - | Act No. 14 Public Acts of 2024 Approved by the Governor March 12, 2024 Filed with the Secretary of State March 12, 2024 EFFECTIVE DATE: June 10, 2024 state of michigan 102nd Legislature Regular session of 2024 Introduced by Reps. Andrews, Breen, Byrnes, Glanville, Conlin, Hope, Brabec, Arbit, MacDonell, Steckloff, Tyrone Carter, Liberati, Tsernoglou, Wilson, Hood, Dievendorf, Hill, Coffia, Snyder, Morse and Aiyash ENROLLED HOUSE BILL No. 4524 AN ACT to amend 1961 PA 236, entitled An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts, by amending section 1074 (MCL 600.1074), as added by 2004 PA 224. The People of the State of Michigan enact: Sec. 1074. (1) To continue to participate in and successfully complete a drug treatment court program, an individual must comply with all of the following: (a) Pay all court ordered fines and costs, including minimum state costs. (b) Pay the drug treatment court fee allowed under section 1070(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 which may be sanctioned at the courts discretion. (2) The drug treatment court must be notified if the participant is accused of a new crime, and the judge shall consider whether to terminate the participants participation in the drug treatment program in conformity with the memorandum of understanding under section 1062. If the participant is convicted of a felony for an offense that occurred after the defendant is admitted to drug treatment court, the judge shall terminate the participants participation in the program unless, after consultation with the treatment team and the agreement of the prosecuting attorney, the judge decides to continue the participant in the program. (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 drug 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 individuals substance abuse treatment, the court may waive all or part of those fines, the fee, or costs of treatment. Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law. This act is ordered to take immediate effect. Clerk of the House of Representatives Secretary of the Senate Approved___________________________________________ ____________________________________________________ Governor |
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| 1 | + | state of michigan 102nd Legislature Regular session of 2024 Introduced by Reps. Andrews, Breen, Byrnes, Glanville, Conlin, Hope, Brabec, Arbit, MacDonell, Steckloff, Tyrone Carter, Liberati, Tsernoglou, Wilson, Hood, Dievendorf, Hill, Coffia, Snyder, Morse and Aiyash ENROLLED HOUSE BILL No. 4524 AN ACT to amend 1961 PA 236, entitled An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts, by amending section 1074 (MCL 600.1074), as added by 2004 PA 224. The People of the State of Michigan enact: Sec. 1074. (1) To continue to participate in and successfully complete a drug treatment court program, an individual must comply with all of the following: (a) Pay all court ordered fines and costs, including minimum state costs. (b) Pay the drug treatment court fee allowed under section 1070(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 which may be sanctioned at the courts discretion. (2) The drug treatment court must be notified if the participant is accused of a new crime, and the judge shall consider whether to terminate the participants participation in the drug treatment program in conformity with the memorandum of understanding under section 1062. If the participant is convicted of a felony for an offense that occurred after the defendant is admitted to drug treatment court, the judge shall terminate the participants participation in the program unless, after consultation with the treatment team and the agreement of the prosecuting attorney, the judge decides to continue the participant in the program. (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 drug 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 individuals substance abuse treatment, the court may waive all or part of those fines, the fee, or costs of treatment. Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law. This act is ordered to take immediate effect. Clerk of the House of Representatives Secretary of the Senate Approved___________________________________________ ____________________________________________________ Governor |
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