In Macomb County, the Community Corrections Department acts as a community-based sanction and rehabilitative program. One of the goals is to relieve jail overcrowding by providing court-approved sentencing alternatives.
Sentencing alternatives include rehabilitative and monitoring options. These alternatives include:
- Substance abuse inpatient treatment;
- Substance abuse outpatient treatment;
- Monitoring services (including SCRAM tether, GPS tether);
- Substance use testing;
- Community service work;
- Cognitive programming; and
- Pre-trial release supervision.
Attorneys can have a case reviewed for bond/bail considerations or treatment recommendations. The result can lead to support for a change in bond/bail, recommendations for conditions of probation or even possible alternatives to incarceration. Community Corrections reviews/recommendations are provided to the attorneys and to the court.
Steps in the process of referral to Community Corrections, whether for review of bail or programming recommendations, or other reasons, are as follows:
- Complete the Referral Form with the assistance of counsel
- Make the referral to Community Corrections. (Accepted daily between 8:00 am and 4:30 pm) via fax 586-469-6436 or email at CommunityCorrections@macombgov.org
Eligibility for programming is determined by criminal history, current charge, jail behavior and other factors.
Community Corrections created a Bench Guide [BenchGuide-Mastercopy.pdf (macombgov.org)], which contains information about sentencing options and other programs that may be available to defendants/offenders. The Bench Guide is an informational summary describing programs and eligibility criteria with contact information for various programs. It is distributed to all Judges in Macomb County and may be of assistance to attorneys who want to review some of the Court’s options for pre-trial and post-conviction action involving clients.
42-1 Romeo District Court Drug/Sobriety Court
Eligible Defendants may be able to participate in the 42-1 Romeo District Drug/Sobriety Court. An application form must be completed, and eligibility verification is required.
Advantages of participation in the program include addressing personal needs and assisting in the disposition of the case.
16th Circuit Court
In the 16th Circuit Court eligible criminal defendants can participate in one of several Specialty Courts. These Specialty Courts can be of assistance to eligible participants to address both personal needs and to assist in the disposition of their case. The Specialty Courts include: Adult Drug Court, DWI/Sobriety Court, Mental Health Court, Veterans’ Treatment Court, Swift and Sure Sanctions Probation Program. Each of these could present opportunities for clients to avoid incarceration and otherwise participate in an appropriate Specialty Court program. Negotiation with the Prosecutor could make one of these Specialty Courts an agreed part of an alternative to a jail/prison sentence.
A single form is used to apply to any of the Specialty Court programs in Macomb County. The process for making an application to one of the Specialty Courts generally includes:
- Placing a plea on the record;
- Completion of the Treatment Court Application with Instructions form, (“16th Judicial Circuit Treatment Court Application”); and
- Submitting the form to Specialty Court Services (6th Floor in 16th Circuit Court Building, via fax at 586-783-8179 or by email to treatmentcourts@macombgov.org).
The application form, eligibility criteria, participant handbooks, and other detailed information is found on the 16th Circuit Court’s website under Specialty Courts.
Acceptance into one of these 16th Circuit Specialty Courts often results in assignment to a different Judge.
Clients should be aware that participation is voluntary. Requirements of the Specialty Court should be reviewed with the Client prior to applying. Links to the available 16th Circuit Specialty Courts are found below.
Swift And Sure Sanctions Probation Program
The Macomb County Office of Public Defender manages assigned counsel for misdemeanor cases originating in the District Courts within the County Funding Unit, and, by Inter-Local Agreement the 41A-2 District Court. These County managed District Courts are: 41A-2 District Court, Shelby Township; 42-1 District Court, Romeo; and 42-2 District Court, New Baltimore.
Activities of the Macomb County Office of Public Defender
As part of management of these indigent misdemeanor defense systems, the Macomb County Office of Public Defender performs certain functions. They include the following:
- Accept and Review Misdemeanor Roster Attorney Applications
- Assign Roster Attorneys, as Applicable, to:
- Docket/Individually assigned cases
- Sobriety Court
- 2nd Chair Assignments
- District Court Appeals
- Receive and Review Roster attorney Requests For Payment
- Monitors Roster Attorney Lists to comply with MIDC Standards
Identifying a Prosecutor in a Misdemeanor Case
Attorneys may need to contact the prosecutor in their misdemeanor case. In addition to the County Prosecutor in State cases, there are different local prosecutors who handle misdemeanor cases. Attorneys will need to know the prosecutor in their case for reasons that may include: serving appearances or other court documents, requesting discovery, seeking plea offers, or seeking adjournments.
Links To Prosecutor Information
The following links provide a listing of local prosecutors and their contact information.