SENATE BILL NO. 1027
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
(MCL 760.1 to 777.69) by adding section 21b to chapter XVI.
the people of the state of michigan enact:
Sec. 21b. (1) A prosecutor's office, a law enforcement agency, and a social welfare agency may work in concert to establish a supervision program that diverts individuals who are suspected of committing a drug-related criminal offense away from criminal prosecution and into the supervision program before the filing of criminal charges under this section. A program established under this section must include appropriate substance use disorder treatment. A program established under this section must utilize a case management system that maintains a record of each case that is diverted under the program from inception to disposition. If the prosecutor's office and the social welfare agency agree that an individual has successfully completed the terms of his or her supervision, he or she must not be prosecuted for the drug-related criminal offense.
(2) As used in this section:
(a) "Assaultive crime" includes any of the following:
(i) A violation described in section 9a of chapter X.
(ii) A violation of chapter XI of the Michigan penal code, 1931 PA 328, MCL 750.81 to 750.90h, not otherwise included in subparagraph (i).
(iii) A violation of section 110a, 136b, 234a, 234b, 234c, 349b, or 411h(2)(a) of the Michigan penal code, 1931 PA 328, MCL 750.110a, 750.136b, 750.234a, 750.234b, 750.234c, 750.349b, or 750.411h, or any other violent felony.
(b) "Drug-related criminal offense" means a misdemeanor or felony violation of the laws of this state, other than an assaultive crime, that is committed by an individual because of that individual's substance use disorder.
(c) "Social welfare agency" means a community-based organization offering assistance to individuals in need.
(d) "Violent felony" means that term as defined in section 36 of the corrections code of 1953, 1953 PA 232, MCL 791.236.