People v. Hare

Case of first impression where defendant appealed revocation of probation and resulting sentence of five years’ imprisonment alleging the trial court erred when it failed to advise defendant, who was sentenced in absentia, of his potential to elect probation and treatment under the Substance Use Disorder Act. Appellate court noted a trial court’s failure to advise a defendant of the possibility of electing probation and treatment under the Act, where the court has reason to believe that the defendant suffers from a substance use disorder, generally will result in reversal of the trial court’s order. The appellate court further found that the Act does not require a trial court to advise an absent defendant of the possibility of electing probation and treatment and held that the trial court did not err. (MCLAREN and HUTCHINSON, concurring)