Deferred Sentencing (Health Care Providers)
What is "deferred sentencing"?
"Deferred sentencing" is a procedure where the entry of a criminal conviction is delayed until after the defendant is given an opportunity to successfully complete probation. If probation is successfully completed, the defendant will be discharged and the case will be dismissed with no conviction entering on defendant's record. However, if probation is failed, a conviction will enter on the defendant's record.
Is "deferred sentencing" available for health care provider crimes?
Yes.
What is a health care provider crime?
A licensed health care professional who does either of the following is guilty of a misdemeanor:
Engages in the practice of his or her health profession with a bodily alcohol content of .05 or more grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
Engages in the practice of his or her health profession while he or she is under the influence of a controlled substance and, due to the illegal or improper use of the controlled substance, his or her ability to safely and skillfully engage in the practice of his or her health profession is visibly impaired.
How does a person get "deferred sentencing" for health care provider crimes?
All of the following circumstances must exist, per MCL 750.430, for a defendant to get "deferred sentencing" on health care provider crimes:
The individual's conduct must not have resulted in physical harm or injury to the patient.
The individual must not have been convicted previously for violating this section.
Instead of a judgment of guilt, the defendant will be placed on probation upon terms and conditions that shall include, but are not limited to, participation in the health professional recovery program established under section 16167 of the public health code, 1978 PA 368 MCL 333.16167.
Terms of this probation may also include participation in a drug treatment court.
However, if probation is violated, the court may enter an adjudication of guilt and proceed as if there were no "deferred sentencing", which calls for imprisonment for not more than 180 days or a fine of not more than $1,000, or both. (For a second or subsequent offense, by imprisonment for not more than 1 year or a fine of not less than $1,000, or both.
What is the legal effect of successfully completing the "deferred sentencing" requirements for health care providers in MCL 750.430?
One time only. MCL 436.1703 specifically limits an individual to 1 discharge and dismissal.
Can a defendant be granted "deferred sentencing" under MCL 436.1703 if he pleads "no contest" (or nolo contendre) or is found guilty at Trial?
The defendant's judgment of guilt will be discharged, and the defendant will instead be placed on probation. Upon fulfillment of the terms and conditions of probation, the court shall discharge the individual and dismiss the proceedings. Discharge and dismissal will be without adjudication of guilt and are not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, including additional penalties imposed for a second or subsequent convictions under this section.
How many times can a defendant be granted "deferred sentencing" under health care provider violations in MCL 750.430?
One time only. MCL 750.430 specifically limits an individual to 1 discharge and dismissal.
What happens to my record after I get "deferred sentencing" for health care providers in MCL 750.430?
The record becomes nonpublic, and are viewable only:
To a court or police agency upon request for the purpose of showing whether the individual accused of violating this section has already once utilized this subdivision.
To a court, police agency, or prosecutor upon request for the purpose of determining whether the defendant in a criminal action is eligible for discharge and dismissal of proceedings by a drug treatment court under section 1076(4) of the revised judicature act of 1961, 1961 PA 236, MCL 600.1076.
Can a defendant be granted "deferred sentencing" under MCL 750.430 if he pleads "no contest" (or nolo contendre) instead of guilty?
Yes. The statute does not specifically prohibit granting deferred sentencing if a defendant pleads "no contest."
Can a defendant be sentenced to jail even if "deferred sentencing" is granted?
Yes. Nothing in MCL 750.430 prevents a judge from sentencing a defendant to jail time. However, the imposition of jail time is not required and will depend on many facts and circumstances. The maximum criminal penalties for heath care professional crimes first offense are 180 days in jail and/or a $1,000 fine.