MI SB0845

Allows first-time domestic violence offenders convicted of assault (MCL 750.81 or 750.81a) to receive deferred prosecution and probation instead of immediate judgment of guilt, with consent of the accused and prosecuting attorney.

Permits courts to impose probation conditions including mandatory counseling, drug treatment court participation, and up to 12 months imprisonment at the court's discretion.

Requires automatic adjudication of guilt if the accused commits another assaultive crime during probation, violates a no-contact order, or violates a court-ordered counseling requirement.

Upon successful completion of probation, the court must discharge and dismiss the case without a conviction; however, the dismissal counts as a prior conviction for purposes of enhancing subsequent domestic violence charges under MCL 750.81(3)-(4) and 750.81a(3).

Limits deferred prosecution to one use per individual; the Michigan State Police must maintain a nonpublic record of each discharge and dismissal.