Both the Michigan House and Senate Judiciary Committee met yesterday (July 18).
The Senate committee started at 9 AM with an examination of several bills previously approved by the House, including:
- HB 5124 Requires plans of concurrent jurisdiction in judicial circuits to be adopted by majority vote of all the judges, rather than allowing such plans to be adopted by a majority vote of each group of judges. Allows a plan of concurrent jurisdiction to include agreements involving the operation of the participating trial courts, as approved by the Supreme Court. Specifies that a concurrent jurisdiction plan that was adopted, approved by the Supreme Court, and in effect on December 31, 2012, would be valid and in compliance with the bill’s requirements. Specifies that a plan of concurrent jurisdiction would be effective upon the Supreme Court’s approval of the plan. Deletes exceptions to concurrent jurisdiction, which give exclusive jurisdiction over certain matters to the probate or district court.
- HB 5159 Requires the State Drug Treatment Court Advisory Committee to monitor the effectiveness of veterans treatment courts and present annual recommendations regarding them to the Legislature and Supreme Court. Adds a circuit or district court judge who had presided over a veterans treatment court to the Advisory Committee.
- HB 5162 Requires a veterans treatment court to comply with the modified version of the 10 key components of drug treatment courts. Requires a court that adopted a veterans treatment court to enter into a memorandum of understanding with certain parties. Requires a veterans treatment court to participate in training required by the State Court Administrative Office. Provides for participation of veterans from outside of the court’s jurisdiction, under certain circumstances. Establishes requirements for a person’s admission to a veterans treatment court, and allow admission of an eligible participant who was subject to discharge and dismissal under another provision of law. Requires a preadmission screening and period evaluations of veterans treatment court participants. Provides for the confidentiality of a statement or other information obtained as result of an individual’s participation in preadmission screening or a veterans treatment court program. Requires the State Police, upon request, to give the court certain information contained in the Law Enforcement Information Network. Requires a veterans treatment court to accept the guilty plea of an individual admitted to the court, and allow deferral of proceedings. Requires a veterans treatment court to maintain jurisdiction over a participant until final disposition of the case. Specifies services that a veterans treatment court would have to provide to a participant. Requires a participant to pay certain costs and fees, but allow the court to waive all or part of them under certain circumstances. Establishes requirements for the adjudication and sentencing of participants, or the discharge and dismissal of charges, as applicable. Establishes data collection and reporting requirements. Authorizes the Supreme Court to spend State funds for the establishment and operation of veterans treatment courts, and require the distribution of Federal funds provided to the State for the operation of the courts.
The House met at 11 AM and considered HB 5163 which contends with how courts are to handle change-of-custody requests when one parent is an active duty service member. The committee also heard a presentation on the Governor’s Indigent Defense Advisory Commission Report.
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