June 12, 2018, Introduced by Reps. Cochran, Sabo, Chang, Lasinski, Geiss, Greig, Green, Pagan, Yancey, Gay-Dagnogo, Wittenberg, Rabhi and Jones and referred to the Committee on Law and Justice.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
(MCL 600.101 to 600.9947) by adding chapter 84A.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER 84A.
SEX TRADE SOLICITATION PREVENTION COURT
Sec. 8451. (1) The district court in any judicial district may
adopt or institute a sex trade solicitation prevention court,
pursuant to statute or court rules. However, if the sex trade
solicitation prevention court will include in its program
individuals who may be eligible for discharge and dismissal of an
offense, delayed sentence, or deviation from the sentencing
guidelines, the district court shall not adopt or institute the sex
trade solicitation prevention court unless the district court
enters into a memorandum of understanding with each participating
prosecuting attorney in the district court district, a
representative of the criminal defense bar, and a representative or
representatives of community treatment providers. The memorandum of
understanding also may include other parties considered necessary,
such as any other prosecutor in the district court district, local
law enforcement, the probation departments in that district, the
county health department, a domestic violence service provider
program that receives funding from the Michigan domestic and sexual
violence prevention and treatment board, and community corrections
agencies in that district. The memorandum of understanding must
describe the role of each party.
(2) The family division of circuit court in any judicial
circuit may adopt or institute a juvenile sex trade solicitation
prevention court, pursuant to statute or court rules. However, if
the sex trade solicitation prevention court will include in its
program individuals who may be eligible for discharge or dismissal
of an offense, or a delayed sentence, the family division of
circuit court shall not adopt or institute a juvenile sex trade
solicitation prevention court unless the family division of circuit
court enters into a memorandum of understanding with each
participating county prosecuting attorney in the district court
district, a representative of the criminal defense bar specializing
in juvenile law, and a representative or representatives of
community treatment providers. The memorandum of understanding also
may include other parties considered necessary, such as any other
prosecutor in the district court district, local law enforcement,
the probation departments in that circuit, the county health
department, a domestic violence service provider program that
receives funding from the Michigan domestic and sexual violence
prevention and treatment board, and community corrections agencies
in that circuit. The memorandum of understanding must describe the
role of each party. A juvenile sex trade solicitation prevention
court is subject to the same procedures and requirements provided
in this chapter for sex trade solicitation prevention courts
created under this subsection or subsection (1), except as
specifically provided otherwise in this chapter.
(3) A court that is adopting a sex trade solicitation
prevention court shall participate in training as required by the
state court administrative office and the bureau of justice
assistance of the United States Department of Justice.
(4) A court that has adopted a sex trade solicitation
prevention court under this section 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 sex trade solicitation prevention court in the
jurisdiction where the participant is charged. The transfer is not
valid unless it is agreed to by all of the following:
(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 sex trade solicitation
prevention court and the prosecutor of a court funding unit of the
sex trade solicitation prevention court.
Sec. 8452. A sex trade solicitation prevention court may hire
or contract with licensed or accredited treatment providers, in
consultation and cooperation with the local substance abuse
coordinating agency, and other such appropriate persons to assist
the sex trade solicitation prevention court in fulfilling its
requirements under this chapter, such as the investigation of an
individual's background or circumstances, or the clinical
evaluation of an individual, for his or her admission into or
participation in a sex trade solicitation prevention court.
Sec. 8453. (1) Each sex trade solicitation prevention court
shall determine whether an individual may be admitted to the court.
No individual has a right to be admitted into a sex trade
solicitation prevention court. However, an individual is not
eligible for admission into a sex trade solicitation prevention
court if he or she is a violent offender.
(2) In addition to admission to a sex trade solicitation
prevention court under this act, an individual who is eligible for
admission under this act may also be admitted to a sex trade
solicitation prevention court under any of the following
circumstances:
(a) The individual has been assigned the status of youthful
trainee under section 11 of chapter II of the code of criminal
procedure, 1927 PA 175, MCL 762.11.
(b) The individual has had criminal proceedings against him or
her deferred and has been placed on probation under any of the
following:
(i) Section 7411 of the public health code, 1978 PA 368, MCL
333.7411.
(ii) Section 4a of chapter IX of the code of criminal
procedure, 1927 PA 175, MCL 769.4a.
(iii) Section 1 of chapter XI of the code of criminal
procedure, 1927 PA 175, MCL 771.1.
(3) To be admitted to a sex trade solicitation prevention
court, an individual must cooperate with and complete a
preadmission screening and evaluation assessment and must agree to
cooperate with any future evaluation assessment as directed by the
sex trade solicitation prevention court. A preadmission screening
and evaluation assessment must include all of the following:
(a) A complete review of the individual's criminal history,
and a review of whether or not the individual has been admitted to
and has participated in or is currently participating in a sex
trade solicitation prevention court, whether admitted under this
act or under section 11 of chapter II of the code of criminal
procedure, 1927 PA 175, MCL 762.11, section 4a of chapter IX of the
code of criminal procedure, 1927 PA 175, MCL 769.4a, or section 1
of chapter XI of the code of criminal procedure, 1927 PA 175, MCL
771.1, and the results of the individual's participation. A review
of the law enforcement information network may be considered
sufficient for purposes of this subdivision unless a further review
is warranted. The court may accept other verifiable and reliable
information from the prosecution or defense to complete its review
and may require the individual to submit a statement as to whether
or not he or she has previously been admitted to a sex trade
solicitation prevention court and the results of his or her
participation in the prior program or programs.
(b) An assessment of the risk of danger or harm to the
individual, others, or the community.
(c) As much as practicable, a complete review of the
individual's history.
(d) A review of any special needs or circumstances of the
individual that may potentially affect the individual's ability to
receive treatment and follow the court's orders.
(e) For a juvenile, an assessment of the family situation
including, as much as practicable, a comparable review of any
guardians or parents.
(4) Except as otherwise permitted in this act, any statement
or other information obtained as a result of participating in a
preadmission screening and evaluation assessment under subsection
(3) is confidential and is exempt from disclosure under the freedom
of information act, 1976 PA 442, MCL 15.231 to 15.246, and must not
be used in a criminal prosecution.
(5) The court may request that the department of state police
provide to the court information contained in the law enforcement
information network pertaining to an individual applicant's
criminal history for the purposes of determining an individual's
admission into the sex trade solicitation prevention court and
general criminal history review, including whether the individual
has previously been admitted to and participated in a sex trade
solicitation prevention court under this act, or under section 11
of chapter II of the code of criminal procedure, 1927 PA 175, MCL
762.11, section 4a of chapter IX of the code of criminal procedure,
1927 PA 175, MCL 769.4a, or section 1 of chapter XI of the code of
criminal procedure, 1927 PA 175, MCL 771.1, and the results of the
individual's participation. The department of state police shall
provide the information requested by a sex trade solicitation
prevention court under this subsection.
Sec. 8454. Before an individual is admitted into a sex trade
solicitation prevention court, the court shall find on the record,
or place a statement in the court file pertaining to, all of the
following:
(a) The individual has not been previously convicted of any of
the following:
(i) A crime involving the solicitation of another to engage in
unlawful sexual activity for money or other consideration.
(ii) A crime that is designated as a felony, as that term is
defined in section 7 of the Michigan penal code, 1931 PA 328, MCL
750.7.
(b) The individual understands the consequences of entering
the sex trade solicitation prevention court and agrees to comply
with all court orders and requirements of the court's program and
treatment providers.
(c) The individual is not an unwarranted or substantial risk
to the safety of the public or any individual, based upon the
screening and assessment or other information presented to the
court.
(d) The individual is not a violent offender.
(e) The individual has completed a preadmission screening and
evaluation assessment under this chapter and has agreed to
cooperate with any future evaluation assessment as directed by the
sex trades solicitation prevention court.
(f) The individual meets the requirements, if applicable,
under section 11 of chapter II of the code of criminal procedure,
1927 PA 175, MCL 762.11, section 4a of chapter IX of the code of
criminal procedure, 1927 PA 175, MCL 769.4a, or section 1 of
chapter XI of the code of criminal procedure, 1927 PA 175, MCL
771.1.
(g) The terms, conditions, and duration of the agreement
between the parties, especially as to the outcome for the
participant of the sex trade solicitation prevention court upon
successful completion by the participant or termination of
participation.
Sec. 8455. (1) If the individual being considered for
admission to a sex trade solicitation prevention court is charged
in a criminal case or, in the case of a juvenile, is alleged to
have engaged in activity that would constitute a criminal act if
committed by an adult, his or her admission is subject to all of
the following conditions:
(a) The offense or offenses allegedly committed by the
individual must be related to the sex trade.
(b) The individual, if an adult, must plead guilty to the
charge or charges on the record. The individual, if a juvenile,
must admit responsibility for the violation or violations that he
or she is accused of having committed.
(c) The individual must waive, in writing, the right to a
speedy trial, the right to representation at sex trade solicitation
prevention court review hearings by an attorney, and, with the
agreement of the prosecutor, the right to a preliminary
examination.
(d) The individual must sign a written agreement to
participate in the sex trade solicitation prevention court.
(2) In the case of an individual who will be eligible for
discharge and dismissal of an offense, delayed sentence, or
deviation from the sentencing guidelines, the prosecutor must
approve of the admission of the individual into the sex trade
solicitation prevention court in conformity with the memorandum of
understanding under section 8451.
(3) An individual must not be admitted to, or remain in, a sex
trade solicitation prevention court under an agreement that would
permit a discharge or dismissal of a traffic offense upon
successful completion of the sex trade solicitation prevention
court program.
(4) In addition to rights accorded a victim under the William
Van Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.751
to 780.834, the sex trade solicitation prevention court shall
permit any victim of the offense or offenses of which the
individual is charged, any victim of a prior offense of which that
individual was convicted, and members of the community either in
which the offenses were committed or in which the defendant resides
to submit a written statement to the court regarding the
advisability of admitting the individual into the sex trade
solicitation prevention court.
(5) An individual who has waived his or her right to a
preliminary examination and has pled guilty or, in the case of a
juvenile, has admitted responsibility, as part of his or her
application to a sex trade solicitation prevention court and who is
not admitted to a sex trade solicitation prevention court, must be
permitted to withdraw his or her plea and is entitled to a
preliminary examination or, in the case of a juvenile, must be
permitted to withdraw his or her admission of responsibility.
Sec. 8456. (1) Upon admitting an individual into a sex trade
solicitation prevention court, all of the following apply:
(a) For an individual who is admitted to a sex trade
solicitation prevention court based upon having criminal charges
currently filed against him or her, the court shall accept the plea
of guilty or, in the case of a juvenile, the admission of
responsibility.
(b) For an individual who pled guilty to, or admitted
responsibility for, criminal charges for which he or she was
admitted into the sex trade solicitation prevention court, the
court shall do either of the following:
(i) In the case of an individual who pled guilty to an offense
that is not a traffic offense and who may be eligible for discharge
and dismissal under the agreement with the court and prosecutor
upon successful completion of the sex trade solicitation prevention
court program, the court shall not enter a judgment of guilt or, in
the case of a juvenile, shall not enter an adjudication of
responsibility.
(ii) In the case of an individual who pled guilty to a traffic
offense or who pled guilty to an offense but may not be eligible
for discharge and dismissal under the agreement with the court and
prosecutor upon successful completion of the sex trade solicitation
prevention court program, the court shall enter a judgment of guilt
or, in the case of a juvenile, shall enter an adjudication of
responsibility.
(c) Under the agreement with the individual and the
prosecutor, the court may either defer further proceedings as
provided in section 1 of chapter XI of the code of criminal
procedure, 1927 PA 175, MCL 771.1, or proceed to sentencing, as
applicable in that case pursuant to that agreement, and place the
individual on probation or other court supervision in the sex trade
solicitation prevention court program with terms and conditions
according to the agreement and as deemed necessary by the court.
(2) The court shall maintain jurisdiction over the sex trade
solicitation prevention court participant as provided in this act
until final disposition of the case, but not longer than the
probation period fixed under section 2 of chapter XI of the code of
criminal procedure, 1927 PA 175, MCL 771.2. In the case of a
juvenile participant, the court may obtain jurisdiction over any
parents or guardians of the juvenile in order to assist in ensuring
the juvenile's continued participation and successful completion of
the sex trade solicitation prevention court, and may issue and
enforce any appropriate and necessary order regarding the parent or
guardian of a juvenile participant.
(3) The sex trade solicitation prevention court shall
cooperate with, and act in a collaborative manner with, the
prosecutor, defense counsel, treatment providers, county health
department, probation departments, and, to the extent possible,
local law enforcement, the department of corrections, and community
corrections agencies.
(4) The sex trade solicitation prevention court may require an
individual admitted into the court to pay a reasonable sex trade
solicitation prevention court fee that is reasonably related to the
cost to the court for administering the sex trade solicitation
prevention court program as provided in the memorandum of
understanding under section 8451. The clerk of the sex trade
solicitation prevention court shall transmit the fees collected to
the treasurer of the local funding unit at the end of each month.
(5) The sex trade solicitation prevention court may request
that the department of state police provide to the court
information contained in the law enforcement information network
pertaining to an individual applicant's criminal history for
purposes of determining the individual's compliance with all court
orders. The department of state police shall provide the
information requested by a sex trade solicitation prevention court
under this subsection.
(6) A sex trade solicitation prevention court shall ensure all
of the following:
(a) That an individual who is eligible for the sex trade
solicitation prevention court is provided with legal counsel before
volunteering to proceed with the sex trade solicitation prevention
court programming.
(b) That a participant is allowed to withdraw from the sex
trade solicitation prevention court at any time before trial on the
merits is initiated.
(c) That each participant is provided with information,
counseling, and services relating to sex addiction, sexually
transmitted diseases, mental health, substance abuse, the impact of
soliciting sex and pandering on communities and on survivors, the
risks of victimization, anger management, the link between
prostitution and human trafficking, and any other topic relating to
the health and welfare of vulnerable individuals involved in the
sex trade.
(d) That each participant is provided with classroom
instruction related to the prevention of prostitution.
(7) To carry out the provisions of subsection (6), a sex trade
solicitation prevention court may employ or contract with a person
or solicit a volunteer who is 1 of the following:
(a) A health care professional.
(b) A psychologist.
(c) A licensed social worker or counselor.
(d) A former prostituted person.
(e) A family member of a person arrested for soliciting
prostitution.
(f) A member of a neighborhood association or community that
is adversely affected by the sex trade.
(g) An employee of a nongovernmental organization specializing
in advocacy or laws related to sex trafficking or human
trafficking, as that term is described in chapter LXVIIA of the
Michigan penal code, 1931 PA 328, MCL 750.462a to 750.462h.
Sec. 8457. (1) A sex trade solicitation prevention court shall
provide a sex trade solicitation prevention court participant with
all of the following:
(a) Consistent, continual, and close monitoring of the
participant and interaction among the court, treatment providers,
probation, and participant.
(b) Periodic evaluation assessments of the participant's
circumstances and progress in the program.
(c) A regimen or strategy of appropriate and graduated but
immediate rewards for compliance and sanctions for noncompliance,
including, but not limited to, the possibility of incarceration or
confinement.
(d) Sex trade solicitation prevention treatment services,
relapse prevention services, education, and vocational
opportunities as appropriate and practicable.
(2) Any statement or other information obtained as a result of
participating in assessment, treatment, or testing while in a sex
trade solicitation prevention court is confidential and is exempt
from disclosure under the freedom of information act, 1976 PA 442,
MCL 15.231 to 15.246, and must not be used in a criminal
prosecution.
Sec. 8458. (1) In order to continue to participate in and
successfully complete a sex trade solicitation prevention court
program, a participant shall comply with all of the following:
(a) Pay all court-ordered fines and costs, including minimum
state costs.
(b) Pay the sex trade solicitation prevention court fee
allowed under section 8456.
(c) Pay all court-ordered restitution.
(d) Pay all crime victim's rights assessments under section 5
of 1989 PA 196, MCL 780.905.
(e) Comply with all court orders, violations of which may be
sanctioned according to the court's discretion.
(2) The sex trade solicitation prevention court must be
notified if the participant is accused of a new crime, and the
judge shall consider whether to terminate the participant's
participation in the sex trade solicitation prevention program in
conformity with the memorandum of understanding under section 8451.
If the participant is convicted of a felony for an offense that
occurred after the defendant is admitted to the sex trade
solicitation prevention court, the judge shall terminate the
participant's participation in the program.
(3) The court shall require that a participant pay all fines,
costs, fees, restitution, and assessments described in subsection
(1)(a) to (d) and pay all, or make substantial contributions toward
payment of, the costs of the treatment and the sex trade
solicitation prevention court program services provided to the
participant, including, but not limited to, the costs of such
testing or any counseling provided. However, if the court
determines that the payment of fines, fees, or costs of treatment
under this subsection would be a substantial hardship for the
individual or would interfere with the individual's substance abuse
treatment, the court may waive all or part of those fines, fees, or
costs of treatment.
Sec. 8459. (1) Upon completion or termination of the sex trade
solicitation prevention court program, the court shall find on the
record or place a written statement in the court file as to whether
the participant completed the program successfully or whether the
individual's participation in the program was terminated and, if it
was terminated, the reason for the termination.
(2) For a participant who successfully completes probation or
other court supervision and whose proceedings were deferred or who
was sentenced under section 8456, the court shall comply with the
agreement made with the participant upon admission into the sex
trade solicitation prevention court, or the agreement as it was
altered after admission by the court with approval of the
participant and the prosecutor for that jurisdiction as provided in
subsections (3) to (8).
(3) If an individual is participating in a sex trade
solicitation prevention court under section 11 of chapter II of the
code of criminal procedure, 1927 PA 175, MCL 762.11, section 4a of
chapter IX of the code of criminal procedure, 1927 PA 175, MCL
769.4a, or section 1 of chapter XI of the code of criminal
procedure, 1927 PA 175, MCL 771.1, the court shall proceed under
the applicable section of law. There may only be 1 discharge or
dismissal under this subsection.
(4) Except as provided in subsection (5), the court, with the
agreement of the prosecutor and in conformity with the terms and
conditions of the memorandum of understanding under section 8451,
may discharge and dismiss the proceedings against an individual who
meets all of the following criteria:
(a) The individual has participated in a sex trade
solicitation prevention court for the first time.
(b) The individual has successfully completed the terms and
conditions of the sex trade solicitation prevention court program.
(c) The individual is not required by law to be sentenced to a
correctional facility for the crimes to which he or she has pled
guilty.
(d) The individual is not currently charged with and has not
pled guilty to a traffic offense.
(e) The individual has not previously been subject to more
than 1 of any of the following:
(i) Assignment to the status of youthful trainee under section
11 of chapter II of the code of criminal procedure, 1927 PA 175,
MCL 762.11.
(ii) The dismissal of criminal proceedings against him or her
under section 4a of chapter IX of the code of criminal procedure,
1927 PA 175, MCL 769.4a.
(5) The court may grant a discharge and dismissal of a
domestic violence offense only if all of the following
circumstances apply:
(a) The individual has not previously had proceedings
dismissed under section 4a of chapter IX of the code of criminal
procedure, 1927 PA 175, MCL 769.4a.
(b) The domestic violence offense is eligible to be dismissed
under section 4a of chapter IX of the code of criminal procedure,
1927 PA 175, MCL 769.4a.
(c) The individual fulfills the terms and conditions imposed
under section 4a of chapter IX of the code of criminal procedure,
1927 PA 175, MCL 769.4a, and the discharge and dismissal of
proceedings are processed and reported under section 4a of chapter
IX of the code of criminal procedure, 1927 PA 175, MCL 769.4a.
(6) A discharge and dismissal under subsection (4) must be
without adjudication of guilt or, for a juvenile, without
adjudication of responsibility and are not a conviction or a
finding of responsibility for purposes of this section or for
purposes of disqualifications or disabilities imposed by law upon
conviction of a crime or, for a juvenile, a finding of
responsibility. There may only be 1 discharge and dismissal under
subsection (4) for an individual. The court shall send a record of
the discharge and dismissal to the criminal justice information
center of the department of state police, and the department of
state police shall enter that information into the law enforcement
information network with an indication of participation by the
individual in a sex trade solicitation prevention court. All
records of the proceedings regarding the participation of the
individual in the sex trade solicitation prevention court under
subsection (4) are closed to public inspection and are exempt from
public disclosure under the freedom of information act, 1976 PA
442, MCL 15.231 to 15.246.
(7) Except as provided in subsection (3), (4), or (5), if an
individual has successfully completed probation or other court
supervision, the court shall do the following:
(a) If the court has not already entered an adjudication of
guilt or responsibility, enter an adjudication of guilt or, in the
case of a juvenile, enter a finding or adjudication of
responsibility.
(b) If the court has not already sentenced the individual,
proceed to sentencing or, in the case of a juvenile, disposition
pursuant to the agreement.
(c) Send a record of the conviction and sentence or the
finding or adjudication of responsibility and disposition to the
criminal justice information center of the department of state
police. The department of state police shall enter that information
into the law enforcement information network with an indication of
successful participation by the individual in a sex trade
solicitation prevention court.
(8) For a participant whose participation is terminated or who
fails to successfully complete the sex trade solicitation
prevention court program, the court shall enter an adjudication of
guilt, or, in the case of a juvenile, a finding of responsibility,
if the entering of guilt or adjudication of responsibility was
deferred under section 8456, and shall then proceed to sentencing
or disposition of the individual for the original charges to which
the individual pled guilty or, if a juvenile, to which the juvenile
admitted responsibility prior to admission to the sex trade
solicitation prevention court. Upon sentencing or disposition of
the individual, the court shall send a record of that sentence or
disposition and the individual's unsuccessful participation in the
sex trade solicitation prevention court to the criminal justice
information center of the department of state police, and the
department of state police shall enter that information into the
law enforcement information network, with an indication that the
individual unsuccessfully participated in a sex trade solicitation
prevention treatment court.
(9) All court proceedings under this section must be open to
the public. Except as provided in subsection (10), if the record of
proceedings as to the defendant is deferred under this section, the
record of proceedings during the period of deferral must be closed
to public inspection.
(10) Unless the court enters a judgment of guilt or an
adjudication of responsibility under this section, the department
of state police shall retain a nonpublic record of the arrest,
court proceedings, and disposition of the criminal charge under
this section. However, the nonpublic record must be open to the
following individuals and entities for the purposes noted:
(a) The courts of this state, law enforcement personnel, the
department of corrections, and prosecuting attorneys for use only
in the performance of their duties or to determine whether an
employee of the court, law enforcement agency, department of
corrections, or prosecutor's office has violated his or her
conditions of employment or whether an applicant meets criteria for
employment with the court, law enforcement agency, department of
corrections, or prosecutor's office.
(b) The courts of this state, law enforcement personnel, and
prosecuting attorneys for the purpose of showing that a defendant
has already once availed himself or herself of this section.
(c) The department of health and human services for enforcing
child protection laws and vulnerable adult protection laws or
ascertaining the preemployment criminal history of any individual
who will be engaged in the enforcement of child protection laws or
vulnerable adult protection laws.
Sec. 8460. (1) Each sex trade solicitation prevention court
shall collect and provide data on each individual applicant and
participant and the entire program as required by the state court
administrative office.
(2) Each sex trade solicitation prevention court shall
maintain files or databases on each individual applicant or
referral who is denied or refused admission to the program,
including the reasons for the denial or rejection, the criminal
history of the applicant, the preadmission evaluation and
assessment, and other demographic information as required by the
state court administrative office.
(3) Each sex trade solicitation prevention court shall
maintain files or databases on each individual participant in the
program for review and evaluation as well as treatment, as directed
by the state court administrative office. The information collected
for evaluation purposes must include a minimum standard data set
developed and specified by the state court administrative office.
This information should be maintained in the court files or
otherwise accessible by the courts and the state court
administrative office and, as much as practicable, should include
all of the following:
(a) Location and contact information for each individual
participant, upon admission and termination or completion of the
program for follow-up reviews, and third-party contact information.
(b) Significant transition point dates, including dates of
referral, enrollment, new court orders, violations, detentions,
changes in services or treatments provided, discharge for
completion or termination, any provision of aftercare, and after-
program recidivism.
(c) The individual's precipitating offenses and significant
factual information, source of referral, and all sex trade
solicitation prevention court evaluations and assessments.
(d) Treatments provided, including intensity of care or
dosage, and their outcomes.
(e) Other services or opportunities provided to the individual
and resulting use by the individual, such as education or
employment and the participation of and outcome for that
individual.
(f) Reasons for discharge, completion, or termination of the
program.
(4) As directed by the state court administrative office,
after an individual is discharged upon either completion or
termination of the program, the sex trade solicitation prevention
court should conduct, as much as practicable, follow-up contacts
with and reviews of participants for key outcome indicators, such
as drug use, recidivism, and employment, as frequently and for a
period of time determined by the state court administrative office
based upon the nature of the sex trade solicitation prevention
court and the nature of the participant. These follow-up contacts
and reviews of former participants are not extensions of the
court's jurisdiction over the individuals.
(5) Each sex trade solicitation prevention court shall provide
to the state court administrative office all information requested
by the state court administrative office.
(6) With the approval and at the discretion of the supreme
court, the state court administrative office is responsible for
evaluating and collecting data on the performance of sex trade
solicitation prevention courts in this state as follows:
(a) The state court administrative office shall provide an
annual review of the performance of sex trade solicitation
prevention treatment courts in this state to the minority and
majority party leaders in the senate and house of representatives,
the governor, and the supreme court.
(b) The state court administrative office shall provide
standards for sex trade solicitation prevention courts in this
state, including, but not limited to, developing a list of approved
measurement instruments and indicators for data collection and
evaluation. These standards must provide comparability between
programs and their outcomes.
(c) The state court administrative office's evaluation plans
should include appropriate and scientifically valid research
designs, which, as soon as practicable, should include the use of
comparison and control groups.
(7) The information collected under this section regarding
individual applicants to sex trade solicitation prevention court
programs for the purpose of application to that program and
participants who have successfully completed sex trade solicitation
prevention courts is exempt from disclosure under the freedom of
information act, 1976 PA 442, MCL 15.231 to 15.246.
Sec. 8461. (1) The supreme court is responsible for the
expenditure of state funds for the establishment and operation of
sex trade solicitation prevention courts. Federal funds provided to
the state for the operation of sex trade solicitation prevention
courts must be distributed by the department of health and human
services or the appropriate state agency as otherwise provided by
law.
(2) The state treasurer may receive money or other assets from
any source for deposit into the appropriate state fund or funds for
the purposes described in subsection (1).
(3) Each sex trade solicitation prevention court shall report
quarterly to the state court administrative office on the funds
received and expended by that sex trade solicitation prevention
court, in a manner prescribed by the state court administrative
office.
Sec. 8462. As used in this chapter:
(a) "Sex trade" means the business of purchasing or exchanging
money or other consideration for unlawful sexual activity.
(b) "Sex trade solicitation prevention court" means a court
adopted or instituted under this chapter.
(c) "Violent offender" means an individual who meets either of
the following criteria:
(i) Is currently charged with or has pled guilty to, or, if a
juvenile, is currently alleged to have committed or has admitted
responsibility for, an offense involving the death of or a serious
bodily injury to any individual, or the carrying, possessing, or
use of a firearm or other dangerous weapon by that individual,
whether or not any of these circumstances are an element of the
offense or constitute criminal sexual conduct of any degree.
(ii) Has 1 or more prior convictions for, or, if a juvenile,
has 1 or more prior findings of responsibility for, a felony
involving the use or attempted use of force against another
individual with the intent to cause death or serious bodily harm.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.