Current through Public Act 171 of the 2024 Legislative Session
Section 600.1088 - Transfer of case to another court(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.(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.Amended by 2018, Act 591,s 1, eff. 3/28/2019.Added by 2017, Act 161,s 5, eff. 2/11/2018.