600.1088 Transfer of case to another court.

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Sec. 1088.

(1)Beginning January 1, 2018, a case may be transferred totally from 1 court to another court for the defendant's participation in a state-certified treatment court. 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 section 3 of 1925 PA 289, 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.

(2)As used in this section, "state-certified treatment court" includes the treatment courts certified by the state court administrative office as provided in section 1062, 1084, 1091, 1099c, or 1201.

History: Add. 2017, Act 161 , Eff. Feb. 11, 2018 ;-- Am. 2018, Act 591 , Eff. Mar. 28, 2019