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Michigan Compiled Laws, Chapter 600. Revised Judicature Act of 1961 § 600.1088

Current as of January 01, 2025 | Updated by Findlaw Staff

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.  1

1 M.C.L.A. § 600.1062, 600.1084, 600.1091, 600.1099c, or 600.1201.
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Cite this article: FindLaw.com - Michigan Compiled Laws, Chapter 600. Revised Judicature Act of 1961 § 600.1088 - last updated January 01, 2025 | https://codes.findlaw.com/mi/chapter-600-revised-judicature-act-of-1961/mi-comp-laws-600-1088/

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