MI SB0630

Court must record on the file whether a drug treatment court participant successfully completed the program or was terminated, including the reason for termination.

Participants who successfully complete drug treatment court may have proceedings discharged and dismissed without adjudication of guilt if they meet criteria including first-time participation, successful completion, and no prior similar dismissals.

Discharge and dismissal is not considered a conviction and records are closed to public inspection and exempt from FOIA disclosure, though law enforcement information network retains notation of drug treatment court participation.

For unsuccessful participants, court must enter adjudication of guilt and proceed to sentencing on original charges, with law enforcement information network notified of unsuccessful drug treatment court participation.

Department of State Police retains nonpublic records of arrests and proceedings for courts, law enforcement, prosecutors, and certain state agencies to verify prior use of the program or for employment background checks.