Michigan Laws 600.1086 – Swift and sure sanctions court; adoption or institution by circuit court; statute or court rule; purposes; participants from other jurisdiction; validity of transfer
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Terms Used In Michigan Laws 600.1086
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Participant: means an individual who is admitted into a drug treatment court. See Michigan Laws 600.1060
- Prosecutor: means the prosecuting attorney of the county, the city attorney, the village attorney, or the township attorney. See Michigan Laws 600.1060
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
- Statute: A law passed by a legislature.
(1) The circuit court in any judicial circuit may adopt or institute a swift and sure sanctions court, by statute or court rule.
(2) A swift and sure sanctions court shall carry out the purposes of the swift and sure sanctions act, chapter XIA of the code of criminal procedure, 1927 PA 175, MCL 771A.1 to 771A.8.
(3) A circuit court that has adopted a swift and sure sanctions court may accept participants from any other jurisdiction in this state based upon either the residence of the participant in the receiving jurisdiction or the unavailability of a swift and sure sanctions court in the jurisdiction where the participant is charged. The transfer is not valid unless it is agreed to by all of the following individuals:
(a) The defendant or respondent.
(b) The attorney representing the defendant or respondent.
(c) The judge of the transferring court and the prosecutor of the case.
(d) The judge of the receiving swift and sure sanctions court and the prosecutor of a court funding unit of the swift and sure sanctions court.