10.3State Certified Treatment Courts

Drug treatment courts, DWI/sobriety courts, mental health courts, juvenile mental health courts, veterans treatment courts, and family treatment courts operating in Michigan, or a circuit court in any judicial circuit or the district court in any judicial district seeking to adopt or institute one of these problem-solving courts must be certified by the State Court Administrative Office (SCAO). MCL 600.1062(5); MCL 600.1084(3); MCL 600.1091(3); MCL 600.1099c(4); MCL 600.1201(5); MCL 600.1099bb(3).

A.Certification of Drug Treatment Courts and DWI/Sobriety Courts

SCAO must establish the certification procedure. MCL 600.1062(5). See SCAO’s problem-solving courts website, which contains detailed information about the certification process.

In order to begin or continue operating a drug treatment court, it must be approved and certified by SCAO. MCL 600.1062(5). SCAO must include a certified drug treatment court on the statewide official list of drug treatment courts; however, it is prohibited from including on the list those courts that are not certified. Id.

“A drug treatment court that is not certified under [MCL 600.1062(5)] shall not perform any of the functions of a drug treatment court, including, but not limited to, doing any of the following:

(a) Charging a fee under [MCL 600.1070].

(b) Discharging and dismissing a case as provided in [MCL 600.1076].

(c) Receiving funding under [MCL 600.1080].

(d) Certifying to the secretary of state that an individual is eligible to receive a restricted license under [MCL 600.1084] . . . and . . . MCL 257.304.” MCL 600.1062(5).

DWI/sobriety courts “must be certified by the [SCAO] in the same manner as required for a drug treatment court under [MCL 600.1062(5)].” MCL 600.1084(3). “A DWI/sobriety court shall not perform any of the functions of a DWI/sobriety court, including, but not limited to, the functions of a drug treatment court described in [MCL 600.1062(5)] unless the court has been certified by the [SCAO] as provided in [MCL 600.1062(5)].” MCL 600.1084(3).

B.Certification of Mental Health Courts and Juvenile Mental Health Courts

SCAO must establish the certification procedure. MCL 600.1091(3); MCL 600.1099c(4). See SCAO’s problem-solving courts website, which contains detailed information about the certification process.

In order to begin or continue operating a mental health court or a juvenile mental health court, it must be approved and certified by SCAO. MCL 600.1091(3); MCL 600.1099c(4). SCAO must include a certified mental health court or juvenile mental health court on the statewide official list of mental health or juvenile mental courts; however, it is prohibited from including on the lists those courts that are not certified. MCL 600.1091(3); MCL 600.1099c(4).

“A mental health court that is not certified under [MCL 600.1091(3)] shall not perform any of the functions of a mental health court, including, but not limited to, any of the following functions:

(a) Charging a fee under [MCL 600.1095].

(b) Discharging and dismissing a case as provided in [MCL 600.1098].

(c) Receiving funding under [MCL 600.1099a].

(d) Certifying to the secretary of state that an individual is eligible to receive a restricted license under [MCL 600.1084] . . . and . . . MCL 257.304.” MCL 600.1091(3).

Similar restrictions apply to juvenile mental health courts that are not certified. See MCL 600.1099c(4). For a detailed discussion of juvenile mental health courts, see the Michigan Judicial Institute’s Juvenile Justice Benchbook, Chapter 1.

C.Certification of Veterans Treatment Court

SCAO must establish the certification procedure. MCL 600.1201(5). See SCAO’s problem-solving courts website, which contains detailed information about the certification process.

In order to begin or continue operating a veterans treatment court, it must be approved and certified by SCAO. MCL 600.1201(5). SCAO must include a certified veterans treatment court on the statewide official list of veterans treatment courts; however, it is prohibited from including on the list those courts that are not certified. Id.

“A veterans treatment court that is not certified under this subsection shall not perform any of the functions of a veterans treatment court, including, but not limited to, any of the following functions:

(a) Charging a fee under [MCL 600.1206].

(b) Discharging and dismissing a case as provided in [MCL 600.1209].

(c) Receiving funding under [MCL 600.1211].

(d) Certifying to the secretary of state that an individual is eligible to receive a restricted license under [MCL 600.1084] . . . and . . . MCL 257.304.” MCL 600.1201(5).

D. Certification of Family Treatment Court

“A family treatment court operating in this state, or a circuit court in any judicial circuit seeking to adopt or institute a family treatment court, must be certified by [SCAO]” according to procedures that SCAO must establish. MCL 600.1099bb(3). Under the “direction and supervision of the supreme court,” SCAO must “include a family treatment court certified under this subsection on the statewide official list of family treatment courts.” Id.

“A family treatment court that is not certified under this subsection shall not perform any of the functions of a family treatment court, including, but not limited to, receiving funding under section 1099ll.”MCL 600.1099bb(3); MCL 600.1099ll. The state drug treatment court advisory committee shall monitor the effectiveness of family treatment courts. MCL 600.1082(10).

E.Transfer to State-Certified Treatment Court

“[A] case may be transferred totally from 1 court to another court for the defendant’s participation in a state-certified treatment court.” MCL 600.1088(1).

“A total transfer may occur prior to or after adjudication, but must not be consummated until the completion and execution of a memorandum of understanding that must include, but need not be limited to, all of the following:

(a) A detailed statement of how all funds assessed to defendant will be accounted for, including, but not necessarily limited to, the need for a receiving state-certified treatment court to collect funds and remit them to the court of original jurisdiction.

(b) A statement providing which court is responsible for providing information to the department of state police, as required under . . . MCL 28.243, and forwarding an abstract to the secretary of state for inclusion on the defendant’s driving record.

(c) A statement providing where jail sanctions or incarceration sentences would be served, as applicable.

(d) A statement that the defendant has been determined eligible by and will be accepted into the state-certified treatment court upon transfer.

(e) The approval of all of the following:

(i) The chief judge and assigned judge of the receiving state-certified treatment court and the court of original jurisdiction.

(ii) A prosecuting attorney from the receiving state-certified treatment court and the court of original jurisdiction.

(iii) The defendant.” MCL 600.1088(1).