DISTRICT COURT UPDATE
Summons Article, March, 2008
written by
Hon. Christopher S. Boyd

District  Court  Update

As you may know, the Jail Overcrowding Emergency Powers Act, MCL 801.51 et seq., was recently amended to authorize, effective 02-11-08:

n         a sentencing judge may suspend or reduce a sentence

n         a judge may modify bond set for unsentenced prisoners

n         a judge may delegate authority to modify sentence or bond to the chief judge

n         the sheriff, prosecutor, chief circuit judge and chief district judge may adopt a written county jail population management plan to partially supplement the Act.

Although otherwise silent on mandatory or permissive provisions, the Act states that the plan (a) may have a term of not more than 4 years, (b) shall provide for the delegation of judicial sentencing authority and bond review authority, and (c) supersedes the Act’s provisions governing actions to be taken upon the 5^th consecutive day of 95% overcrowding, MCL 801.51a.

In other legislation, 2007 PA 143 eliminates the requirement to sign your vehicle registration certificate, effective 11/27/2007. But of course, the requirement to carry it in the vehicle and show it a police officer remains intact. MCL 257.223. 

Also, effective December 29, 2007 the results of properly performed drug field tests are now admissible at preliminary exams, if the exams begins after that date. The statute also indicates that field testing is sufficient to establish that the substance is a controlled substance for purposes of preliminary exam. MCL 766.11b.

Lastly, the misdemeanor prohibition against selling tomatoes that are not vine-ripened has now been repealed. 2007 PA 10, effective 5/24/2007. I just thought I’d mention that in case anyone missed it.

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