You asked for a history of recent legislative changes to eligibility for accelerated rehabilitation, including when the legislature excluded crimes that caused a death.

SUMMARY

Accelerated rehabilitation (AR) is a program for people accused of crimes “not of a serious nature. ” The court has discretion whether to allow a defendant to use the program and the court must believe that the defendant will probably not offend in the future. Under current law, a person is ineligible if he (1) was previously convicted of a crime or certain motor vehicle violations; (2) used the program before; (3) has been adjudged a youthful offender during the past five years; (4) has been charged with certain drug offenses and is eligible for the pretrial drug education program or has had that program invoked in his favor before; (5) has been charged with a family violence crime and is eligible for the pretrial family education program or has had that program invoked in his favor before; or (6) has been charged with certain serious offenses.

We looked at the last 15 years and found 10 legislative changes to AR eligibility. PA 98-208 made ineligible for AR people charged with a crime or motor vehicle violation who, as a result of committing the crime or

violation, cause the death of another person. This excluded people charged with a number of crimes from being eligible for AR, such as those charged with 2^nd degree manslaughter (which includes causing or aiding a person to commit suicide).

The list below shows the legislative changes in eligibility since 1990.

CHANGES TO ACCELERATED REHABILITATION ELIGIBILITY

1. PA 04-139 barred from participating in AR people charged with (a) second- or third-degree possession of child pornography or (b) enticing a minor.

2. PA 01-16 allowed a court to grant AR to people accused of first-degree larceny as long as the crime did not involve the use or threat to use physical force against a person.

3. PA 00-209 made eligible for AR someone who was not adjudged a youthful offender within the preceding five years. Prior law made anyone previously adjudged a youthful offender ineligible for accelerated rehabilitation. In determining whether to grant accelerated rehabilitation to someone previously adjudged a youthful offender, the act gave the court access to the person’s youthful offender records and allowed the court to consider the nature and circumstances of the crime the person was charged with as a youth.

4. PA 99-148 prohibited defendants charged with drug paraphernalia or possession crimes from participating in AR if they were eligible for the Pretrial Drug Education Program or previously participated in that program.

5. PA 98-208 made people charged with a crime or motor vehicle violation who, as a result of committing the crime or violation, cause the death of another person ineligible for AR. At the time, this had the effect of excluding those charged with the following offenses: 2^nd degree manslaughter, 2^nd degree manslaughter with a firearm, misconduct with a motor vehicle, criminally negligent homicide, and negligent homicide with a motor vehicle.

6. PA 98-81 made anyone granted youthful offender status before October 1, 1995 eligible to receive AR. Major juvenile justice reform legislation, which took effect on October 1, 1995 (PA 95-225), had prohibited granting AR to anyone previously adjudged a youthful offender. The act continues this prohibition but only for people granted youthful offender status after September 30, 1995.

7. PA 95-225 prohibited the court from granting AR to anyone previously adjudged a youthful offender. Under prior law, if the court found good cause for doing so, it could grant AR to someone who had previously been a youthful offender.

8. PA 95-154 made those charged with a class A or B felony or charged with any crime and previously adjudged a youthful offender for committing a class B felony, ineligible for AR. Under prior law, those charged with A or B felonies were ineligible unless “good cause” was shown.

9. PA 95-142 prohibited defendants charged with serious sexual offenses (six crimes and sexual contact risk of injury) from participating in AR.

10. PA 93-138 made people accused of more than one crime or more than one motor vehicle violation eligible for AR.

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