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MI SB1553

Bill

Status

Introduced

11/3/2010

Primary Sponsor

Patricia Birkholz

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Origin

Senate

95th Legislature

AI Summary

  • Allows courts to defer judgment and place first-time drug offenders on probation without entering a conviction for possession, use, or imitation controlled substance violations, with only one such discharge and dismissal allowed per individual.

  • Requires the Department of State Police to retain nonpublic records of arrests, diversions, and discharges for controlled substance violations that can be furnished to courts, police, prosecutors, and corrections upon request.

  • Permits courts to require drug offenders to participate in drug treatment court programs and to complete approved substance abuse education or rehabilitation courses during probation, with failure to complete constituting a probation violation.

  • Restricts access to retained records for Department of Corrections, law enforcement, courts, and prosecutors to determining employee compliance with employment conditions or applicant eligibility, limited to individuals placed on probation after March 25, 2002.

  • Requires screening and assessment for second-time imitation controlled substance violators by designated substance abuse service providers to determine eligibility for rehabilitative programs before sentencing.

Legislative Description

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).

State agencies (existing), state police

Last Action

Referred To Committee On Judiciary

11/3/2010

Committee Referrals

Judiciary11/3/2010

Full Bill Text

No bill text available