Mental Health, Veterans and Drug Treatment Courts in Michigan Domestic Violence Cases

A person charged with domestic violence in Michigan is not automatically shut out of the state's treatment courts, but the path is narrow. No one has a right to admission.^[1][2] A "violent offender" is barred from veterans treatment court and needs the consent of the judge and prosecutor for drug treatment court or mental health court.^[2][3][4] And even after admission, a domestic violence offense can be dismissed only on the terms of the MCL 769.4a deferral.^[8][9]

This page explains what the three programs are, how each statute defines "violent offender" and "domestic violence offense," what admission requires, and what completion or termination means.

What are Michigan's treatment courts?

Three programs are created by the Revised Judicature Act. A circuit or district court may adopt or institute a drug treatment court, and a veterans treatment court is likewise one a court has adopted or instituted, so whether a program exists depends on the court.^[11][12]

• Drug treatment court. A court-supervised treatment program for individuals who abuse or are dependent upon any controlled substance or alcohol.^[13]
• Mental health court. A court-supervised treatment program for individuals diagnosed by a mental health professional with a serious mental illness, serious emotional disturbance, co-occurring disorder or developmental disability.^[13]
• Veterans treatment court. A supervised treatment program for veterans who abuse or are dependent upon a controlled substance or alcohol or who suffer from a mental illness.^[12] For this purpose a veteran is a person who is a veteran under MCL 35.61 and who served at least 180 days of active duty in the armed forces of the United States.^[12]

Each statute carries its own definition of "domestic violence offense": any crime alleged to have been committed against a spouse or former spouse, a person with a child in common, a person with whom the individual has had a dating relationship, or a person who resides or has resided in the same household.^[14][15] That definition is broader than the assault statutes. It covers "any crime" within those relationships.^[14]

Who is a "violent offender"?

The key term is defined separately in each chapter, in nearly the same words.

Court	A violent offender is an individual who...	Consequence
Drug treatment court[5]	"is currently charged with or has pled guilty to ... an offense involving the death of or serious bodily injury to any individual, whether or not any of the circumstances are an element of the offense, or an offense that is criminal sexual conduct of any degree"	Not admitted unless the judge and the prosecuting attorney, in consultation with any known victim, consent[4]
Mental health court[6]	"is currently charged with, or has been convicted of, an offense involving the death of, or a serious bodily injury to, any individual, whether or not any of these circumstances are an element of the offense, or with criminal sexual conduct in any degree"	Not admitted unless the judge and the prosecuting attorney, in consultation with any known victim, consent[3]
Veterans treatment court[7]	"is currently charged with or has pled guilty to an offense involving the death of, or a serious bodily injury to, any individual, whether or not any of these circumstances are an element of the offense, or an offense that is criminal sexual conduct in any degree"	Not eligible for admission[2]

Three things stand out in that language.

First, none of the definitions names domestic assault or any other domestic violence offense.^[5][6][7] The test is whether the offense involved death or serious bodily injury, or was criminal sexual conduct.

Second, the phrase "whether or not any of the circumstances are an element of the offense" points to what happened and not only to the name of the charge.^[5] A charge that does not have injury as an element could still involve serious bodily injury on its facts.

Third, none of the three definition sections defines "serious bodily injury."^[5][6][7] The text therefore does not say where a particular domestic assault, aggravated assault or strangulation charge falls, and this page does not guess. That decision belongs to the court considering admission.

Charges that bar admission outright

Separately from the violent-offender rule, a person must not be admitted to a drug treatment court or a mental health court if currently charged with first-degree murder, criminal sexual conduct in the first, second or third degree, or child sexually abusive activity, or if previously convicted of first-degree murder or first-degree criminal sexual conduct.^[16] Assault offenses are not on those lists.^[16]

What does admission require?

For a person who is charged in a criminal case, the statutes set conditions:

1. A connection between the offense and the program. For drug treatment court, the offense must be related to the abuse, illegal use or possession of a controlled substance or alcohol. For veterans treatment court, the offense must be generally related to the individual's military service, including substance abuse or mental illness arising from service.^[17]
2. A plea. Veterans treatment court and, for adults, drug treatment court require a guilty plea on the record. Mental health court requires that the individual plead guilty or no contest, or be convicted, on the record.^[18]
3. Waivers and a written agreement. The individual waives in writing the right to a speedy trial and signs a written agreement to participate.^[18]
4. Screening. A veterans treatment court must find on the record that the individual is not a violent offender and is not an unwarranted or substantial risk to the safety of the public or any individual.^[2]
5. Prosecutor approval where a dismissal or delayed sentence is possible. An individual who may be eligible for discharge and dismissal, a delayed sentence or a deviation from the sentencing guidelines is admitted to a drug treatment court or veterans treatment court only if the prosecutor approves the admission.^[19]

A person who pleads guilty as part of an application and is then not admitted is permitted to withdraw the plea.^[20] Because a plea comes first, the decision to apply deserves the same care as any other plea; see Plea or trial: how to think about the decision.

What is the victim's role?

In addition to the rights in the Crime Victim's Rights Act, each of the three courts must permit any victim of the charged offense, and any victim of a prior offense of which the individual was convicted, to submit a written statement to the court regarding the advisability of admitting the individual.^[10]

Where the individual is a violent offender, the consent of the prosecuting attorney that drug treatment court and mental health court require is given "in consultation with any known victim in the instant case."^[3][4] A victim who has concerns about, or supports, a treatment court referral can raise them with the prosecutor's victim-witness staff; see Crime victim rights in Michigan domestic violence cases.

Can the domestic violence charge be dismissed?

All three statutes say the same thing: the court may order a discharge and dismissal of a domestic violence offense only if all of the following apply.^[8][9]

• The individual has not previously had proceedings dismissed under MCL 769.4a.^[8][9]
• The domestic violence offense is eligible to be dismissed under MCL 769.4a.^[8][9]
• The individual fulfills the terms and conditions imposed under MCL 769.4a, and the discharge and dismissal are processed and reported under that section.^[8][9]

Because the 769.4a deferral is limited to violations of MCL 750.81 and 750.81a by a person with no prior assaultive-crime conviction, a treatment court cannot use its own dismissal provision to dismiss a domestic charge that falls outside those limits.^[21][9] Such a dismissal is "processed and reported under" MCL 769.4a, the section that makes a discharge and dismissal a prior conviction for repeat-offense domestic assault.^[9][22] See The first-offender deferral (MCL 769.4a) and Does a 769.4a deferral count as a conviction?

Treatment court can also be a condition and not a separate track. A court may order a person on 769.4a probation to participate in a drug treatment court.^[23] A person on 769.4a probation, or assigned youthful trainee status, may also be admitted to a mental health court or veterans treatment court if otherwise eligible.^[24][25]

Repeat use is limited. There may be only 1 discharge and dismissal under the drug treatment court's own dismissal provision for an individual.^[26] A person who previously had an offense dismissed through a treatment court remains eligible for veterans treatment court but may not have a subsequent offense discharged or dismissed through it.^[27]

What if the program is not completed?

For a participant whose participation is terminated or who fails to successfully complete a veterans treatment court or drug treatment court program, the court shall enter an adjudication of guilt if it was deferred, and then proceed to sentencing for the original charges to which the individual pleaded guilty before admission.^[28] The possible sentences are described in Jail and prison: what sentences are possible.

Treatment court is not a substitute for other conditions

Treatment for substance use or mental illness addresses those conditions. It is a different thing from a batterer intervention program, and Michigan's Batterer Intervention Standards state that such a program "must not take the place of jail, probation, or other monitoring."^[29] A sentencing court may order both kinds of condition.^[30][31] See Batterer intervention programs and Probation in a domestic violence case. Whether intoxication affects the charge itself is a separate question, covered in Intoxication and domestic violence charges.

What people get wrong

"Treatment court is closed to anyone charged with domestic violence." The statutes exclude or restrict a "violent offender," a term defined by death, serious bodily injury or criminal sexual conduct, and they contain specific rules for dismissing a domestic violence offense.^[5][7][9]

"A veteran is entitled to veterans court." No individual has a right to be admitted, and a violent offender is not eligible.^[2]

"Treatment court makes any charge go away." A domestic violence offense can be dismissed only if it qualifies under MCL 769.4a and the person has not used that section before.^[8][9]

"If it does not work out, the case starts over." The plea stands; on termination the court enters the adjudication of guilt and proceeds to sentencing.^[28]