Bill Text: MI SB1553 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Criminal procedure; probation; retention of nonpublic records during period of diversion for a controlled substance violation; clarify. Amends sec. 7411 of 1978 PA 368 (MCL 333.7411).
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2010-11-03 - Referred To Committee On Judiciary [SB1553 Detail]
Download: Michigan-2009-SB1553-Introduced.html
SENATE BILL No. 1553
November 3, 2010, Introduced by Senators CROPSEY and BIRKHOLZ and referred to the Committee on Judiciary.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 7411 (MCL 333.7411), as amended by 2004 PA 225.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 7411. (1) When an individual who has not previously been
convicted of an offense under this article or under any statute of
the United States or of any state relating to narcotic drugs, coca
leaves, marihuana, or stimulant, depressant, or hallucinogenic
drugs, pleads guilty to or is found guilty of possession of a
controlled substance under section 7403(2)(a)(v), 7403(2)(b), (c),
or (d), or of use of a controlled substance under section 7404, or
possession or use of an imitation controlled substance under
section 7341 for a second time, the court, without entering a
judgment of guilt with the consent of the accused, may defer
further proceedings and place the individual on probation upon
terms and conditions that shall include, but are not limited to,
payment of a probation supervision fee as prescribed in section 3c
of chapter XI of the code of criminal procedure, 1927 PA 175, MCL
771.3c. The terms and conditions of probation may include
participation in a drug treatment court under chapter 10A of the
revised judicature act of 1961, 1961 PA 236, MCL 600.1060 to
600.1082
600.1084. Upon violation of a term or condition, the court
may enter an adjudication of guilt and proceed as otherwise
provided. Upon fulfillment of the terms and conditions, the court
shall discharge the individual and dismiss the proceedings.
Discharge and dismissal under this section shall be without
adjudication of guilt and, except as provided in subsection (2)(b),
is not a conviction for purposes of this section or for purposes of
disqualifications or disabilities imposed by law upon conviction of
a crime, including the additional penalties imposed for second or
subsequent convictions under section 7413. There may be only 1
discharge and dismissal under this section as to an individual.
(2) The records and identifications division of the department
of state police shall retain a nonpublic record of an arrest,
diversion, and discharge or dismissal under this section. This
record
shall be furnished to any or all of the following:
(a)
To a A court, police agency, or office of a prosecuting
attorney upon request for the purpose of showing that a defendant
in a criminal action involving the possession or use of a
controlled substance, or an imitation controlled substance as
defined in section 7341, covered in this article has already once
utilized this section.
(b)
To a A court, police agency, or prosecutor upon request
for the purpose of determining whether the defendant in a criminal
action is eligible for discharge and dismissal of proceedings by a
drug treatment court under section 1076(4) of the revised
judicature act of 1961, 1961 PA 236, MCL 600.1076.
(c) To the state department of corrections, a law enforcement
agency, a court, or the office of a prosecuting attorney upon
request of the department, law enforcement agency, court, or office
of a prosecuting attorney, subject to all of the following
conditions:
(i) At the time of the request, the individual is an employee
of the department, law enforcement agency, court, or office of
prosecuting attorney or an applicant for employment with the
department, law enforcement agency, court, or office of prosecuting
attorney.
(ii) If the individual is an employee of the department, law
enforcement agency, court, or prosecuting attorney, the date on
which the court placed the individual on probation occurred after
March 25, 2002.
(iii) The record shall be used by the department of corrections,
law enforcement agency, court, or prosecuting attorney only to
determine whether an employee has violated his or her conditions of
employment or whether an applicant meets criteria for employment.
(3) For purposes of this section, a person subjected to a
civil fine for a first violation of section 7341(4) shall not be
considered to have previously been convicted of an offense under
this article.
(4) Except as provided in subsection (5), if an individual is
convicted of a violation of this article, other than a violation of
section 7401(2)(a)(i) to (iv) or section 7403(2)(a)(i) to (iv), the
court as part of the sentence, during the period of confinement or
the period of probation, or both, may require the individual to
attend a course of instruction or rehabilitation program approved
by the department on the medical, psychological, and social effects
of the misuse of drugs. The court may order the individual to pay a
fee, as approved by the director, for the instruction or program.
Failure to complete the instruction or program shall be considered
a violation of the terms of probation.
(5) If an individual is convicted of a second violation of
section 7341(4), before imposing sentence under subsection (1), 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. As part of the sentence imposed
under subsection (1), the court may order the person to participate
in and successfully complete 1 or more appropriate rehabilitative
programs. The person shall pay for the costs of the screening,
assessment, and rehabilitative services. Failure to complete a
program shall be considered a violation of the terms of the
probation.
