Michigan Laws 600.1082 – Drug treatment court advisory committee
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Terms Used In Michigan Laws 600.1082
- 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
- Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Majority leader: see Floor Leaders
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Quorum: The number of legislators that must be present to do business.
- 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) A state drug treatment court advisory committee is created in the legislative council. The state drug treatment court advisory committee consists of the following members:
(a) The state court administrator or the state court administrator’s designee.
(b) Eighteen members appointed jointly by the speaker of the house of representatives and the senate majority leader, as follows:
(i) A circuit court judge who has presided for at least 2 years over a drug treatment court.
(ii) A district court judge who has presided for at least 2 years over a drug treatment court.
(iii) A judge of the family division of circuit court who has presided for at least 2 years over a juvenile drug treatment court program.
(iv) A circuit or district court judge who has presided for at least 2 years over an alcohol treatment court.
(v) A circuit or district court judge who has presided over a veterans treatment court.
(vi) A circuit court judge who has presided over a family treatment court.
(vii) A court administrator who has worked for at least 2 years with a drug or alcohol treatment court.
(viii) A prosecuting attorney who has worked for at least 2 years with a drug or alcohol treatment court.
(ix) An individual representing law enforcement in a jurisdiction that has had a drug or alcohol treatment court for at least 2 years.
(x) An individual representing drug treatment providers who has worked at least 2 years with a drug or alcohol treatment court.
(xi) An individual representing criminal defense attorneys, who has worked for at least 2 years with drug or alcohol treatment courts.
(xii) An individual who has successfully completed a drug treatment court program.
(xiii) An individual who has successfully completed a juvenile drug treatment court program.
(xiv) An individual who is an advocate for the rights of crime victims.
(xv) An individual representing the Michigan Association of Drug Court Professionals.
(xvi) An individual who is a probation officer and has worked for at least 2 years for a drug or alcohol treatment court.
(xvii) An individual representing a substance abuse coordinating agency.
(xviii) An individual representing domestic violence service provider programs that receive funding from the state domestic violence prevention and treatment board.
(2) Members of the advisory committee shall serve without compensation. However, members of the advisory committee may be reimbursed for their actual and necessary expenses incurred in the performance of their duties as members of the advisory committee.
(3) Members of the advisory committee shall serve for terms of 4 years each, except that the members first appointed shall serve terms as follows:
(a) The members appointed under subsection (1)(b)(i) to (vii) shall serve terms of 4 years each.
(b) The members appointed under subsection (1)(b)(viii) to (xii) shall serve terms of 3 years each.
(c) The members appointed under subsection (1)(b)(xiii) to (xviii) shall serve terms of 2 years each.
(4) If a vacancy occurs in an appointed membership on the advisory committee, the appointing authority shall make an appointment for the unexpired term in the same manner as the original appointment.
(5) The appointing authority may remove an appointed member of the advisory committee for incompetency, dereliction of duty, malfeasance, misfeasance, or nonfeasance in office, or any other good cause.
(6) The first meeting of the advisory committee must be called by the speaker of the house of representatives and the senate majority leader. At the first meeting, the advisory committee shall elect from among its members a chairperson and other officers as it considers necessary or appropriate. After the first meeting, the advisory committee shall meet at least quarterly, or more frequently at the call of the chairperson or if requested by 9 or more members.
(7) A majority of the members of the advisory committee constitute a quorum for the transaction of business at a meeting of the advisory committee. A majority of the members present and serving are required for official action of the advisory committee.
(8) The business that the advisory committee may perform must be conducted at a public meeting of the advisory committee held in compliance with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(9) A writing prepared, owned, used, in the possession of, or retained by the advisory committee in the performance of an official function is subject to the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(10) The advisory committee shall monitor the effectiveness of drug treatment courts, family treatment courts, and veterans treatment courts and the availability of funding for those courts and shall present annual recommendations to the legislature and supreme court regarding proposed statutory changes regarding those courts.