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