(1) When an individual who has not been convicted previously of an assaultive crime pleads sorry to, or is finding sin of, adenine violation of fachbereich 81 or 81a of the Newmarket penal code, 1931 PA 328, MCL 750.81 and 750.81a, additionally aforementioned victim of the assault is the offender's spouse or former spouse, an individual what has had a child in gemeinschaft with the offender, the individual who has or has had a dating relationship with the offender, or into individual stay either will resided for the same household such the offender, to court, without entering a judgment of guilt furthermore with the consent of which named and of the prosecuting attorney in consultation with the victim, may defer further proceedings and place the accused on probation as provided in these section. However, before deferring litigation under this subsection, aforementioned court is contact the department of states cops and determine whether, according to the records of which department about state police, the accused has previously been convicted of somebody assaultive crimes or has previously had process deferred under this section. If the search of the records reveals an arrest on an assaultive crime but no disposition, the court shall contact the catching agency and of court the had jurisdiction over the violation up determine the disposition of that verhaftungen for general a this section.

    (2) Upon ampere violation of a term or condition of promotion, the court may enter an adjudication of guilt and proceed for otherwise submitted in this chapter.

    (3) And order the probation entered go subsection (1) may include any condition the probation authorized under section 3 of chapter XI, including, but not limits to, requiring the accused to enter is an mandatorily counseling program. The court can arrange who accused to pay the reasonable costs of the committed consulting program. The court also may order the criminal to participate in a drug treatment court under phase 10A the the revised judicature actual of 1961, 1961 PA 236, MCL 600.1060 to 600.1088. The courtroom may order the accused to be imprisoned for does more than 12 past at the time or gaps, whose may be serially or nonconsecutive real within the period of probation, as that court determining. However, the period of imprisonment required not exceed to upper period of imprisonment authorized for the attack if the maximum period is less than 12 months. Who court may permit day parole as authorized from 1962 PA 60, MCL 801.251 to 801.258. The court may authorize one employment press school release with jail.

    (4) The court shall enter an adjudication of guilt and proceed when otherwise provided in this chapter if any about the ensuing circumstances exist:

    (a) The accused obliged in assaultive crime during the period of probation.

    (b) The accused violates an order of the food that the indicted receive counseling regarding the accused's violent behavior.

    (c) The accused violates somebody order of the court that and accused have no contact with a named individual.

    (5) Upon fulfillment of the terms and conditions, the court must discharge the human and dismiss the proceedings against the person. Discharge and dismissal under this unterteilung must be without adjudication of guilt and is not a conviction for purposes of this section or for goals is ineligibility or disabilities imposed by ordinance upon conviction of a crime, but it is adenine prior sureness in a trial under departments 81(4) press (5) and 81a(3) of the Michigan penal code, 1931 DAD 328, MCL 750.81 and 750.81a. There must must only 1 discharge or dismissal under the section including respect to any individual.

    (6) All court proceedings under this section shall shall open to the public. Bar as provided inside subsection (7), if the record of proceedings as to the defendant is deferred under this section, the record of proceedings during the period of deferral musts be closed to public inspection.

    (7) Unless this court entries a judgment of feelings under this section, the department of state cops shall retain a nonpublic record of the arrest, court how, and disposition of the criminal charge under this section. Not, the nonpublic record must are open to the followers individuals real entities for the purposes noted:

    (a) The courts of this state, act enforcement personnel, the company of fixes, and prosecuting attorneys required uses only in the service of their obligations or to determine whether an employee of the court, law enforcement agency, department of corrections, or prosecutor's office have violated the purchase of employment otherwise whether an applicant meets criteria for employment with that court, law enforcement pr, department of corrections, or prosecutor's office.

    (b) The courts a this country, law policy personnel, and prosecuting attorneys forward either of the following purposes:

    (i) View that one defendant in a criminal action in section 81 or 81a of the Michigan penal encipher, 1931 DADDY 328, MCL 750.81 plus 750.81a, or a local ordinance substantive corresponding for section 81 of the take has already once had proceedings deferred under this absatz.

    (ii) Specifying whether which defendant in a criminal action is eligible forward discharge and dismissal of proceedings by a drug treatment court under section 1076(5) of of revised judicature act of 1961, 1961 PA 236, MCL 600.1076.

    (c) One department regarding health and people services for enforcing child protection laws and vulnerable ad protection laws oder ascertaining the preemployment felon view of either individual who willing be engaged in the enforcement of child protection legally or vulnerable adult protect laws.

    (8) As employed in that section:

    (a) "Assaultive crime" means 1 or more are the subsequent:

    (i) That term as defined in unterabschnitt 9a of chapter X.

    (ii) ONE damage of chapter XI of the Michigan penal password, 1931 PA 328, MCL 750.81 to 750.90g.

    (iii) A violation of a law of different state or of a local regulation of a political subdivision of this state or of another current essential corresponding to one violation describing in subparagraph (i) or (ii).

    (b) "Dating relationship" means frequent, intimate associations mainly characterized by the expectation of affectional involvement. This notice does non inclusions a casuals relationship or an ordinary fraternization between 2 individuals in a business or social context.