Bill Text: MI HB5372 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Crimes; intoxication or impairment; alcohol dependent medication-assisted treatment program; require certain individuals to participate as part of his or her sentence. Amends sec. 625b of 1949 PA 300 (MCL 257.625b).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-12-31 - Assigned Pa 657'18 With Immediate Effect [HB5372 Detail]
Download: Michigan-2017-HB5372-Engrossed.html
HB-5372, As Passed Senate, December 19, 2018
SUBSTITUTE FOR
HOUSE BILL NO. 5372
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending section 625b (MCL 257.625b), as amended by 2008 PA 462.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 625b. (1) A person arrested for a misdemeanor violation
of section 625(1), (3), (6), (7), or (8) or section 625m or a local
ordinance substantially corresponding to section 625(1), (3), (6),
or
(8) or section 625m shall must
be arraigned on the citation,
complaint, or warrant not more than 14 days after the arrest for
the violation or, if an arrest warrant is issued or reissued, not
more than 14 days after the issued or reissued arrest warrant is
served, whichever is later. The court shall not dismiss a case or
impose any other sanction for a failure to comply with this time
limit. The time limit does not apply to a violation of section
625(1), (3), (7), or (8) or section 625m punishable as a felony or
a violation of section 625(1), (3), (6), (7), or (8) or section
625m joined with a felony charge.
(2) The court shall schedule a pretrial conference between the
prosecuting attorney, the defendant, and the defendant's attorney
in each case in which the defendant is charged with a misdemeanor
violation of section 625(1), (3), (6), (7), or (8) or section 625m
or a local ordinance substantially corresponding to section 625(1),
(3),
(6), or (8) or section 625m. The pretrial conference shall
must be held not more than 35 days after the person's arrest for
the violation or, if an arrest warrant is issued or reissued, not
more than 35 days after the issued or reissued arrest warrant is
served, whichever is later. If the court has only 1 judge who sits
in more than 1 location in that district, the pretrial conference
shall
must be held not more than 42 days after the person's
arrest
for the violation or, if an arrest warrant is issued or reissued,
not more than 42 days after the date the issued or reissued arrest
warrant is served, whichever is later. The court shall not dismiss
a case or impose any other sanction for a failure to comply with
the applicable time limit. The 35- and 42-day time limits do not
apply to a violation of section 625(1), (3), (7), or (8) or section
625m punishable as a felony or a violation of section 625(1), (3),
(6), (7), or (8) or section 625m joined with a felony charge. The
court shall order the defendant to attend the pretrial conference
and may accept a plea by the defendant at the conclusion of the
pretrial conference. The court may adjourn the pretrial conference
upon the motion of a party for good cause shown. Not more than 1
adjournment shall be granted to a party, and the length of an
adjournment
shall must not exceed 14 days.
(3) Except for delay attributable to the unavailability of the
defendant, a witness, or material evidence or due to an
interlocutory appeal or exceptional circumstances, but not a delay
caused by docket congestion, the court shall finally adjudicate, by
a plea of guilty or nolo contendere, entry of a verdict, or other
final disposition, a case in which the defendant is charged with a
misdemeanor violation of section 625(1), (3), (6), (7), or (8) or
section 625m or a local ordinance substantially corresponding to
section 625(1), (3), (6), or (8) or section 625m, within 77 days
after the person is arrested for the violation or, if an arrest
warrant is issued or reissued, not more than 77 days after the date
the issued or reissued arrest warrant is served, whichever is
later. The court shall not dismiss a case or impose any other
sanction for a failure to comply with this time limit. The 77-day
time limit does not apply to a violation of section 625(1), (3),
(7), or (8) or section 625m punishable as a felony or a violation
of section 625(1), (3), (6), (7), or (8) or section 625m joined
with a felony charge.
(4) Before accepting a plea of guilty or nolo contendere under
section 625 or a local ordinance substantially corresponding to
section 625(1), (2), (3), (6), or (8), the court shall advise the
accused of the maximum possible term of imprisonment and the
maximum possible fine that may be imposed for the violation and
shall advise the defendant that the maximum possible license
sanctions that may be imposed will be based upon the master driving
record maintained by the secretary of state under section 204a.
(5) Before imposing sentence for a violation of section
625(1), (3), (4), (5), (6), (7), or (8) or a local ordinance
substantially corresponding to section 625(1), (3), (6), or (8),
the court shall order the person to undergo screening and
assessment by a person or agency designated by the office of
substance abuse services to determine whether the person is likely
to benefit from rehabilitative services, including alcohol or drug
education and alcohol or drug treatment programs. Except as
otherwise provided in this subsection, the court may order the
person to participate in and successfully complete 1 or more
appropriate rehabilitative programs as part of the sentence. If the
person was convicted under section 625(1)(c) or has 1 or more prior
convictions, the court shall order the person to participate in and
successfully complete 1 or more appropriate rehabilitative programs
as part of the sentence, including, but not limited to, an alcohol
treatment program or a self-help program for a period of not less
than
1 year. The treatment plan shall must be devised from an
assessment performed by an appropriately licensed alcohol assessor
and
approved by the court. The If
the person has 2 or more prior
convictions, the court shall order the person to undergo an
assessment that uses a standardized evidence-based instrument
performed by a provider or other licensed or certified substance
use disorder professional to determine whether he or she has a
diagnosis for alcohol dependence and would likely benefit from a
United States Food and Drug Administration approved medication-
assisted treatment that is indicated for the treatment of alcohol
dependence, as specified in the most recent Diagnostic and
Statistical Manual of Mental Disorders published by the American
Psychiatric Association. A person may request an independent
assessment that uses a standardized evidence-based instrument and
that is performed by a provider or other licensed or certified
substance use disorder professional to determine whether he or she
has a diagnosis for alcohol dependence and would likely benefit
from a United States Food and Drug Administration approved
medication-assisted treatment that is indicated for the treatment
of alcohol dependence, as specified in the most recent Diagnostic
and Statistical Manual of Mental Disorders published by the
American Psychiatric Association. A court shall grant a request for
an independent assessment and shall consider the results of the
independent assessment along with the assessment required under
this subsection when determining if the court will refer the person
to a rehabilitative program that offers 1 or more forms of United
States Food and Drug Administration-approved medications for the
treatment of alcohol dependence. Only a provider may recommend that
a person take medication-assisted treatment. A person always
maintains the right to refuse ingestion or injection of medication.
Only a provider may determine the type, dosage, and duration of the
medication-assisted treatment. If the person refuses to take the
medication-assisted treatment, the court shall not hold that person
in contempt. As used in this subsection, "provider" means an
individual with prescribing authority under the public health code,
1978 PA 368, MCL 333.1101 to 333.25211, who regularly communicates
with the treatment team during the defendant's recovery and who has
training or experience that demonstrates the provider's ability to
treat and manage patients with alcohol dependency. If no other
identified funding source is available, the person shall pay for
the costs of the screening, assessment, or assessments, as
applicable, and rehabilitative services ordered under this
subsection. This subsection does not require the person to
successfully complete an ordered rehabilitative program before
driving a vehicle with an ignition interlock device on a restricted
license. As used in this subsection, "other licensed or certified
substance use disorder professional" means an individual or
organization licensed or credentialed in this state to treat
substance use disorders, including individuals certified by the
Michigan certification board for addiction professionals and
individuals who have training in providing assessments for alcohol
dependency.
(6) If the judgment and sentence are appealed to circuit
court, the court may ex parte order the secretary of state to stay
the suspension, revocation, or restricted license issued by the
secretary of state pending the outcome of the appeal.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
