HOUSE BILL No. 6168


     November 28, 2000, Introduced by Rep. Ruth Johnson and referred to the Committee on Criminal Law and Corrections.


        A bill to amend 1927 PA 175, entitled

   "The code of criminal procedure,"

   (MCL 760.1 to 777.69) by adding section 3d to chapter XI.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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                                  CHAPTER XI

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           SEC. 3D.  (1) IF THE COURT ORDERS THAT A PERSON BE COMMITTED

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      TO A DRUNK DRIVER DETENTION CENTER UNDER SECTION 625(8)(C)(iii)

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      OF THE MICHIGAN VEHICLE CODE, 1949 PA 300, MCL 257.625, THE

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      COURT, IN ADDITION TO ANY OTHER TERMS OR CONDITIONS OF PROBATION

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      PROVIDED FOR UNDER THIS CHAPTER, SHALL REQUIRE UNDER A PROBATION

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      ORDER THAT THE PERSON BE CONFINED WITHOUT DELAY IN A DRUNK DRIVER

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      DETENTION CENTER FOR A PERIOD OF AT LEAST 90 DAYS BUT NOT MORE

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      THAN 1 YEAR, AND THAT THE PERSON SATISFACTORILY COMPLETE A

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      PROGRAM OF TREATMENT AND REHABILITATION PRESCRIBED FOR HIM OR HER

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      BY THE CENTER.


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           (2) NOTWITHSTANDING SUBSECTION (1), IN ORDER FOR A PERSON TO

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      BE PLACED IN A DRUNK DRIVER DETENTION CENTER, THE PERSON SHALL

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      MEET ALL OF THE FOLLOWING REQUIREMENTS:

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           (A) THE PERSON IS PHYSICALLY ABLE TO PARTICIPATE IN THE

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      DRUNK DRIVER DETENTION CENTER PROGRAM.

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           (B) THE PERSON DOES NOT APPEAR TO HAVE ANY MENTAL HANDICAP

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      THAT WOULD PREVENT PARTICIPATION IN THE DRUNK DRIVER DETENTION

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      CENTER PROGRAM.

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           (3) AFTER A PERSON IS PLACED IN A DRUNK DRIVER DETENTION

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      CENTER, THE DEPARTMENT OF CORRECTIONS, OR THE PRIVATE VENDOR

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      OPERATING THE DETENTION CENTER, SHALL ESTABLISH THAT THE PERSON

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      MEETS THE REQUIREMENTS OF SUBSECTION (2).  THE PLACEMENT OF A

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      PERSON IN A DRUNK DRIVER DETENTION CENTER IS CONDITIONED UPON THE

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      PERSON MEETING THE REQUIREMENTS OF SUBSECTION (2).  IF A PERSON

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      DOES NOT MEET THE REQUIREMENTS OF SUBSECTION (2), THE PROBATION

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      ORDER IS RESCINDED, AND THE PERSON SHALL BE RETURNED TO THE COURT

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      AND SHALL BE SENTENCED IN THE MANNER PROVIDED BY LAW.

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           (4) IN EVERY CASE IN WHICH A PERSON IS PLACED IN A DRUNK

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      DRIVER DETENTION CENTER, THE CLERK OF THE SENTENCING COURT SHALL,

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      WITHIN 5 WORKING DAYS AFTER THE PLACEMENT, MAIL TO THE OPERATOR

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      OF THE DETENTION CENTER A CERTIFIED COPY OF THE JUDGMENT OF SEN-

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      TENCE AND THE PRESENTENCE INVESTIGATION REPORT OF THE PERSON

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      BEING PLACED.

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           (5) A PERSON SHALL BE PLACED IN A DRUNK DRIVER DETENTION

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      CENTER FOR A PERIOD OF AT LEAST 90 DAYS BUT NOT MORE THAN 1

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      YEAR.  IF, DURING THAT PERIOD, THE PERSON MISSES MORE THAN 5 DAYS

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      OF PROGRAM PARTICIPATION DUE TO MEDICAL EXCUSE FOR ILLNESS OR



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      INJURY OCCURRING AFTER HE OR SHE WAS PLACED IN THE PROGRAM, THE

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      PERIOD OF PLACEMENT SHALL BE INCREASED BY THE NUMBER OF DAYS

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      MISSED, BEGINNING WITH THE SIXTH DAY OF MEDICAL EXCUSE, UP TO A

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      MAXIMUM OF 20 DAYS.  A MEDICAL EXCUSE SHALL BE VERIFIED BY A

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      PHYSICIAN'S STATEMENT, A COPY OF WHICH SHALL BE PROVIDED TO THE

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      SENTENCING COURT.  A PERSON WHO IS MEDICALLY UNABLE TO PARTICI-

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      PATE IN THE PROGRAM FOR MORE THAN 25 DAYS SHALL BE RETURNED TO

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      THE COURT FOR SENTENCING PURSUANT TO SUBSECTION (3).

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           (6) UPON RECEIVING A SATISFACTORY REPORT OF PERFORMANCE IN

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      THE PROGRAM FROM THE OPERATOR OF THE CENTER, THE COURT SHALL

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      AUTHORIZE THE RELEASE OF THE PERSON FROM CONFINEMENT IN THE DRUNK

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      DRIVER DETENTION CENTER.  THE RECEIPT OF AN UNSATISFACTORY REPORT

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      SHALL BE GROUNDS FOR REVOCATION OF PROBATION AS WOULD ANY OTHER

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      VIOLATION OF A CONDITION OR TERM OF PROBATION.

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           (7) A TERM OF CONFINEMENT IN A DRUNK DRIVER DETENTION CENTER

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      SHALL BE SERVED IN THE MANNER PROVIDED IN THE DRUNK DRIVER DETEN-

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      TION CENTER ACT.

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           (8) EXCEPT AS PROVIDED IN SUBSECTION (9), A PERSON SHALL NOT

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      BE INCARCERATED IN A DRUNK DRIVER DETENTION CENTER MORE THAN

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      ONCE.

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           (9) IF A PERSON WAS PLACED IN A DRUNK DRIVER DETENTION

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      CENTER BUT WAS RETURNED TO THE COURT FOR SENTENCING BECAUSE OF A

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      MEDICAL CONDITION EXISTING AT THE TIME OF THE PLACEMENT, THE

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      PERSON MAY BE PLACED AGAIN IN A DRUNK DRIVER DETENTION CENTER

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      AFTER THE MEDICAL CONDITION IS CORRECTED.







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           Enacting section 1.  This amendatory act does not take

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      effect unless all of the following bills of the 90th Legislature

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      are enacted into law:

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           (a) Senate Bill No. _____ or House Bill No. 6167 (request

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      no. 06702'00).

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           (b) Senate Bill No. _____ or House Bill No. 6169 (request

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      no. 06702'00 b).










































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