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Terms Used In Michigan Laws 600.1074.amended

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Drug treatment court: means a court supervised treatment program for individuals who abuse or are dependent upon any controlled substance or alcohol. See Michigan Laws 600.1060
  • Participant: means an individual who is admitted into a drug treatment court. See Michigan Laws 600.1060
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
    (1) To continue to participate in and successfully complete a drug treatment court program, an individual must comply with all of the following:
    (a) Pay all court ordered fines and costs, including minimum state costs.
    (b) Pay the drug treatment court fee allowed under section 1070(4).
    (c) Pay all court ordered restitution.
    (d) Pay all crime victims’ rights assessments under section 5 of 1989 PA 196, MCL 780.905.
    (e) Comply with all court orders, violations of which may be sanctioned at the court’s discretion.
    (2) The drug treatment court must be notified if the participant is accused of a new crime, and the judge shall consider whether to terminate the participant’s participation in the drug treatment program in conformity with the memorandum of understanding under section 1062. If the participant is convicted of a felony for an offense that occurred after the defendant is admitted to drug treatment court, the judge shall terminate the participant’s participation in the program unless, after consultation with the treatment team and the agreement of the prosecuting attorney, the judge decides to continue the participant in the program.
    (3) The court shall require that a participant pay all fines, costs, the fee, restitution, and assessments described in subsection (1)(a) to (d) and pay all, or make substantial contributions toward payment of, the costs of the treatment and the drug treatment court program services provided to the participant, including, but not limited to, the costs of urinalysis and such testing or any counseling provided. However, if the court determines that the payment of fines, the fee, or costs of treatment under this subsection would be a substantial hardship for the individual or would interfere with the individual’s substance abuse treatment, the court may waive all or part of those fines, the fee, or costs of treatment.