9.14State-Certified Treatment Courts
Deferred adjudication, delayed sentencing, and discharge and dismissal of proceedings may be obtained under certain circumstances in a state-certified treatment court. Cases may be transferred from one court to another in order to allow a defendant to participate in a state-certified treatment court. MCL 600.1088(1).
State-certified treatments courts include:
•Drug treatment courts (for adults and juveniles),1 MCL 600.1062;
•DWI/sobriety courts,2 MCL 600.1084;
•Mental health courts, MCL 600.1091;
•Juvenile mental health courts, MCL 600.1099c; and
•Veterans treatment courts, MCL 600.1201.
For more information on implementing a problem-solving court and other administrative matters, see https://www.courts.michigan.gov/administration/court-programs/problem-solving-courts/. Another resource published by the State Court Administrative Office is the Policy and Procedure Manual for Certification of Problem-Solving Courts.3
MCL 600.1084 governs the specialty court interlock program. See MCL 600.1084(1). Drug treatment courts, DWI/sobriety courts, courts that are a hybrid of drug treatment and DWI/sobriety courts, mental health courts, and veterans treatment courts may all participate in the specialty court interlock program that permits issuance of a restricted license to a participant after the installation of an ignition interlock device on their motor vehicle. MCL 600.1084(6); MCL 600.1084(9)(d). For a detailed discussion of DWI/sobriety courts and the specialty court interlock program, see the Michigan Judicial Institute’s Traffic Benchbook, Chapter 9.
A.Drug Treatment Courts4
The statutory authority for drug treatment courts is codified in Chapter 10A of the Revised Judicature Act, MCL 600.1060 et seq.
The State Court Administrative Office (SCAO) has published standards and best practices manuals for problem-solving courts, including Adult Drug Court.
The DWI/sobriety court is a specialized type of drug treatment court. See MCL 600.1084.
Similarly, the drug treatment court legislation provides that circuit courts may adopt or institute a swift and sure sanctions probation program as codified in Chapter XIA of the Code of Criminal Procedure, MCL 771A.1 et seq. MCL 600.1086.5
All of SCAO’s drug court resources are located here.
Caselaw. Under MCL 600.1062(1) and MCL 600.1068(2), “courts may not admit a defendant into a drug treatment court program when doing so departs from the sentencing guidelines and the prosecutor has not approved.” People v Baldes, 309 Mich App 651, 657 (2015).6 A “prosecuting attorney’s decision to sign [a] referral form” for completion of a drug treatment court preadmissions screening and evaluation assessment under MCL 600.1064(3) “[does] not constitute a waiver or approval” if the form “[does] not state that it constitute[s] approval of the individual’s admission into the drug treatment court program.” Baldes, 309 Mich App at 656.
The statutory authority for Veterans treatment courts is codified in Chapter 12 of the Revised Judicature Act, MCL 600.1200 et seq.
The State Court Administrative Office (SCAO) has published standards and best practices manuals for problem-solving courts, including Veterans Treatment Court.
All of SCAO’s veterans treatment court resources are located here.
The statutory authority for adult mental health courts is codified in Chapter 10B of the Revised Judicature Act, MCL 600.1090 et seq.
The State Court Administrative Office (SCAO) has published standards and best practices manuals for problem-solving courts, including Adult Mental Health Court.
The statutory authority for Juvenile mental health courts is codified in Chapter 10C of the Revised Judicature Act, MCL 600.1099b et seq.7 See also 7 Common Characteristics of Juvenile Mental Health Courts.
All of SCAO’s mental health court resources are located here.
Caselaw. “[I]t was within the trial court’s discretion to sentence defendant to participation in mental health court, despite the prosecution’s objection and lack of consent,” where the county’s policy and procedure manual governing the mental health court did not provide “rigid” rules, but was instead a best practices manual and there was no indication “that the trial court failed to follow the statutory requirements concerning defendant’s admission to mental health court.” People v Rydzewski, 331 Mich App 126, 135 (2020). Further, the Court noted there was no legal authority “support[ing] an extension of the consent requirement of MCL 600.1068(2) [(concerning drug courts)] to other treatment courts,” and it declined to extend that requirement to mental health courts where no statutory provision requires the prosecutor’s consent before a defendant is admitted to a mental health court. Rydzewski, 331 Mich App at 136.
1 See the Michigan Judicial Institute’s Controlled Substances Benchbook, Chapter 9, for a thorough discussion of drug treatment courts.
2 See the Michigan Judicial Institute’s Traffic Benchbook, Chapter 9, for a thorough discussion of DWI/sobriety courts.
3 Family treatment courts are another type of state-certified treatment court. See MCL 600.1099aa et seq. MCL 600.1099bb authorizes a circuit court to adopt or institute a family treatment court, which must be certified by the state court administrative office, for individuals who have substance use disorders and are involved in abuse or neglect proceedings.
4 See the Michigan Judicial Institute’s Controlled Substances Benchbook, Chapter 9, for a thorough discussion of drug treatment courts.
5 For a detailed discussion of the Probation Swift and Sure Sanctions Act, see the Michigan Judicial Institute’s Criminal Proceedings Benchbook, Vol. 3, Chapter 2.
6 Note that Baldes was decided before the previously-mandatory sentencing guidelines were rendered “advisory only.” People v Lockridge, 498 Mich 358, 365, 399 (2015). See Section 1.4 for discussion of Lockridge.
7 For a detailed discussion of juvenile mental health courts, see the Michigan Judicial Institute’s Juvenile Justice Benchbook, Chapter 1.