6.23Discretionary Sentencing Orders Applicable to Violations of Part 74 of Article 7 of the Public Health Code

Unless the individual is not eligible for probation under Chapter XI of the Code of Criminal Procedure, MCL 771.1 to MCL 771.14a,¹ “before imposing sentence or entering a juvenile disposition for an attempt to violate, a conspiracy to violate, or a violation of [Part 74 of Article 7 of the PHC] or of a local ordinance that prohibits conduct prohibited under this part, the court may order the individual to undergo screening and assessment by a person or agency as designated by a department-designated community mental health entity or a community mental health services program under the mental health code, . . . MCL 330.1001 to [MCL] 330.2106, to determine whether the individual is likely to benefit from rehabilitative services, including alcohol or drug education and alcohol or drug treatment programs. The individual shall pay for the costs of the screening and assessment services.” MCL 333.7408a(1).

Unless the individual is not eligible for probation under Chapter XI of the Code of Criminal Procedure, MCL 771.1 to MCL 771.14a,² “as part of the sentence or juvenile disposition for an attempt to violate, a conspiracy to violate, or a violation of this part or of a local ordinance that prohibits conduct prohibited under this part, the court may order the individual to do 1 or both of the following:

(a) Perform service to the community for not more than 90 days. An individual ordered to perform service to the community under this subdivision shall not receive compensation, and shall reimburse the state or appropriate local unit of government for the cost of supervision incurred by the state or local unit of government as a result of the individual’s activities in that service.

(b) Participate in and successfully complete 1 or more appropriate rehabilitative programs. The individual shall pay for the costs of the rehabilitative services.” MCL 333.7408a(2).