House Introduced Bill 5338

HOUSE BILL No. 5338

October 30, 1997, Introduced by Reps. Hale, Leland, Law and Kelly and referred to the Committee on Appropriations.

A bill to amend 1927 PA 175, entitled

"The code of criminal procedure,"

by amending section 1 of chapter I, section 1f of chapter IV,

section 14 of chapter VI, sections 1, 1b, and 28 of chapter IX,

and sections 1, 2, 2a, 3, 3a, 3c, 4, 5, 7, and 14a of chapter XI,

(MCL 761.1, 764.1f, 766.14, 769.1, 769.1b, 769.28, 771.1, 771.2,

771.2a, 771.3, 771.3a, 771.3c, 771.4, 771.5, 771.7, and 771.14a),

section 1 of chapter I and section 14 of chapter VI as amended by

1996 PA 418, section 1f of chapter IV as amended by 1996 PA 255,

section 1 of chapter IX as amended by 1996 PA 248, section 1b of

chapter IX and section 7 of chapter XI as amended by 1996 PA 247,

section 28 of chapter IX and sections 3a, 4, and 5 of chapter XI

as amended and section 14a of chapter XI as added by 1988 PA 78,

sections 1 and 3c of chapter XI as amended by 1993 PA 185,

section 2 of chapter XI as amended by 1994 PA 286, section 2a of

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chapter XI as added by 1992 PA 251, and section 3 of chapter XI

as amended by 1994 PA 445.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 CHAPTER I

2 Sec. 1. As used in this act:

3 (a) "Person", "accused", or a similar word means an individ-

4 ual or, unless a contrary intention appears, a public or private

5 corporation, partnership, or unincorporated or voluntary

6 association.

7 (b) "Act" or "doing of an act" includes "omission to act".

8 (c) "Property" includes any matter or thing upon or in

9 respect to which an offense may be committed.

10 (d) "Indictment" means 1 or more of the following:

11 (i) An indictment.

12 (ii) An information.

13 (iii) A presentment.

14 (iv) A complaint.

15 (v) A warrant.

16 (vi) A formal written accusation.

17 (vii) Unless a contrary intention appears, a count contained

18 in any document described in subparagraphs (i) through (vi).

19 (e) "Writing", "written", or a similar term refers to words

20 printed, painted, engraved, lithographed, photographed, copied,

21 traced, or otherwise made visible to the eye.

22 (f) "Magistrate" means a judge of the district court or a

23 judge of a municipal court. Magistrate does not include a

24 district court magistrate, except that a district court

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1 magistrate may exercise the powers, jurisdiction, and duties of a

2 magistrate if specifically provided in this act, the revised

3 judicature act of 1961, Act No. 236 of the Public Acts of 1961,

4 being sections 600.101 to 600.9947 of the Michigan Compiled Laws

5 1961 PA 236, MCL 600.101 TO 600.9948, or any other statute. This

6 definition does not limit the power of a justice of the supreme

7 court, a circuit judge, or a judge of a court of record having

8 jurisdiction of criminal cases under this act, or deprive him or

9 her of the power to exercise the authority of a magistrate.

10 (g) "Felony" means a violation of a penal law of this state

11 for which the offender, upon conviction, may be punished by death

12 or by imprisonment for more than 1 year or an offense expressly

13 designated by law to be a felony.

14 (h) "Misdemeanor" means a violation of a penal law of this

15 state that is not a felony or a violation of an order, rule, or

16 regulation of a state agency that is punishable by imprisonment

17 or a fine that is not a civil fine.

18 (j) "Ordinance violation" means either of the following:

19 (i) A violation of an ordinance or charter of a city, vil-

20 lage, township, or county that is punishable by imprisonment or a

21 fine that is not a civil fine.

22 (ii) A violation of an ordinance, rule, or regulation of any

23 other governmental entity authorized by law to enact ordinances,

24 rules, or regulations that is punishable by imprisonment or a

25 fine that is not a civil fine.

26 (k) "Minor offense" means a misdemeanor or ordinance

27 violation for which the maximum permissible imprisonment does not

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1 exceed 92 days and the maximum permissible fine does not exceed

2 $500.00 and includes a violation described in section 9f(2) of

3 chapter IV for which the maximum permissible penalty does not

4 exceed 92 days in jail and a fine.

5 (l) "Prosecuting attorney" means the prosecuting attorney

6 for a county, an assistant prosecuting attorney for a county, the

7 attorney general, the deputy attorney general, an assistant

8 attorney general, a special prosecuting attorney, or, in connec-

9 tion with the prosecution of an ordinance violation, an attorney

10 for the political subdivision or governmental entity that enacted

11 the ordinance, charter, rule, or regulation upon which the ordi-

12 nance violation is based.

13 (m) "Judicial district" means the following:

14 (i) With regard to the circuit court, the county.

15 (ii) With regard to the recorder's court of the city of

16 Detroit, the city of Detroit.

17 (iii) With regard to municipal courts, the city in which the

18 municipal court functions or the village served by a municipal

19 court under section 9928 of the revised judicature act of 1961,

20 Act No. 236 of the Public Acts of 1961, being section 600.9928

21 of the Michigan Compiled Laws 1961 PA 236, MCL 600.9928.

22 (iv) With regard to the district court, the county, dis-

23 trict, or political subdivision in which venue is proper for

24 criminal actions.

25 (n) "Complaint" means a written accusation, under oath or

26 upon affirmation, that a felony, misdemeanor, or ordinance

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1 violation has been committed and that the person named or

2 described in the accusation is guilty of the offense.

3 (o) "Clerk" means the clerk or a deputy clerk of the court.

4 (p) "Federal law enforcement officer" means an officer or

5 agent employed by a law enforcement agency of the United States

6 government whose primary responsibility is the enforcement of

7 ENFORCING laws of the United States.

8 (q) "Jail", "prison", or a similar word includes a juvenile

9 facility in which a juvenile has been placed pending trial under

10 section 27a of chapter IV.

11 (r) "Juvenile" means a person within the jurisdiction of the

12 circuit court under section 606 of the revised judicature act of

13 1961, Act No. 236 of the Public Acts of 1961, being section

14 600.606 of the Michigan Compiled Laws 1961 PA 236, MCL 600.606,

15 or within the jurisdiction of the recorder's court of the city

16 of Detroit under section 10a(1)(c) of Act No. 369 of the Public

17 Acts of 1919, being section 725.10a of the Michigan Compiled

18 Laws 1919 PA 369, MCL 725.10A.

19 (s) "Juvenile facility" means a county facility, institution

20 operated as an agency of the county or family division of circuit

21 court, or a state AN institution or agency described in the

22 youth rehabilitation services act, Act No. 150 of the Public

23 Acts of 1974, being sections 803.301 to 803.309 of the Michigan

24 Compiled Laws 1974 PA 150, MCL 803.301 TO 803.309, to which a

25 juvenile has been committed under section 27a of chapter IV.

26 (T) "COUNTY JUVENILE AGENCY" MEANS THAT TERM AS DEFINED IN

27 SECTION 2 OF THE COUNTY JUVENILE AGENCY ACT.

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1 (U) (t) "Taken", "brought", or "before" a magistrate or

2 judge for purposes of criminal arraignment or the setting of bail

3 means either of the following:

4 (i) Physical presence before a judge or district court

5 magistrate.

6 (ii) Presence before a judge or district court magistrate by

7 use of 2-way closed circuit television.

8 CHAPTER IV

9 Sec. 1f. (1) If the prosecuting attorney has reason to

10 believe that a juvenile 14 years of age or older but less than 17

11 years of age has committed a specified juvenile violation, the

12 prosecuting attorney may authorize the filing of a complaint and

13 warrant on the charge with a magistrate concerning the juvenile.

14 (2) As used in this section, "specified juvenile violation"

15 means any of the following:

16 (a) A violation of section 72, 83, 86, 89, 91, 316, 317,

17 349, 520b, 529, 529a, or 531 of the Michigan penal code, Act

18 No. 328 of the Public Acts of 1931, being sections 750.72,

19 750.83, 750.86, 750.89, 750.91, 750.316, 750.317, 750.349,

20 750.520b, 750.529, 750.529a, and 750.531 of the Michigan Compiled

21 Laws 1931 PA 328, MCL 750.72, 750.83, 750.86, 750.89, 750.91,

22 750.316, 750.317, 750.349, 750.520B, 750.529, 750.529A, AND

23 750.531.

24 (b) A violation of section 84 or 110a(2) of Act No. 328 of

25 the Public Acts of 1931, being sections 750.84 and 750.110a of

26 the Michigan Compiled Laws THE MICHIGAN PENAL CODE, 1931 PA 328,

27 MCL 750.84 AND 750.110A, if the juvenile is armed with a

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1 dangerous weapon. As used in this subdivision, "dangerous

2 weapon" means 1 or more of the following:

3 (i) A loaded or unloaded firearm, whether operable or

4 inoperable.

5 (ii) A knife, stabbing instrument, brass knuckles, black-

6 jack, club, or other object specifically designed or customarily

7 carried or possessed for use as a weapon.

8 (iii) An object that is likely to cause death or bodily

9 injury when used as a weapon and that is used as a weapon or car-

10 ried or possessed for use as a weapon.

11 (iv) An object or device that is used or fashioned in a

12 manner to lead a person to believe the object or device is an

13 object or device described in subparagraphs (i) to (iii).

14 (c) A violation of section 186a of Act No. 328 of the

15 Public Acts of 1931, being section 750.186a of the Michigan

16 Compiled Laws THE MICHIGAN PENAL CODE, 1931 PA 328, MCL

17 750.186A, regarding escape or attempted escape from a juvenile

18 facility, but only if the juvenile facility from which the indi-

19 vidual escaped or attempted to escape was 1 of the following:

20 (i) A high-security or medium-security facility operated by

21 the family independence agency OR A COUNTY JUVENILE AGENCY.

22 (ii) A high-security facility operated by a private agency

23 under contract with the family independence agency OR A COUNTY

24 JUVENILE AGENCY.

25 (d) A violation of section 7401(2)(a)(i) or 7403(2)(a)(i) of

26 the public health code, Act No. 368 of the Public Acts of 1978,

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1 being sections 333.7401 and 333.7403 of the Michigan Compiled

2 Laws 1978 PA 368, MCL 333.7401 AND 333.7403.

3 (e) An attempt to commit a violation described in subdivi-

4 sions (a) to (d).

5 (f) Conspiracy to commit a violation described in subdivi-

6 sions (a) to (d).

7 (g) Solicitation to commit a violation described in subdivi-

8 sions (a) to (d).

9 (h) Any lesser included offense of a violation described in

10 subdivisions (a) to (g) if the individual is charged with a vio-

11 lation described in subdivisions (a) to (g).

12 (i) Any other violation arising out of the same transaction

13 as a violation described in subdivisions (a) to (g) if the indi-

14 vidual is charged with a violation described in subdivisions (a)

15 to (g).

16 CHAPTER VI

17 Sec. 14. (1) If the court determines at the conclusion of

18 the preliminary examination of a person charged with a felony

19 that the offense charged is not a felony or that an included

20 offense that is not a felony has been committed, the accused

21 shall not be dismissed but the magistrate shall proceed in the

22 same manner as if the accused had initially been charged with an

23 offense that is not a felony.

24 (2) If at the conclusion of the preliminary examination of a

25 juvenile the magistrate finds that a specified juvenile violation

26 did not occur or that there is not probable cause to believe that

27 the juvenile committed the violation, but that there is probable

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1 cause to believe that some other offense occurred and that the

2 juvenile committed that other offense, the magistrate shall

3 transfer the case to the family division of circuit court of the

4 county where the offense is alleged to have been committed.

5 (3) A transfer under subsection (2) does not prevent the

6 family division of circuit court from waiving jurisdiction over

7 the juvenile under section 4 of chapter XIIA of Act No. 288 of

8 the Public Acts of 1939, being section 712A.4 of the Michigan

9 Compiled Laws 1939 PA 288, MCL 712A.4.

10 (4) As used in this section, "specified juvenile violation"

11 means any of the following:

12 (a) A violation of section 72, 83, 86, 89, 91, 316, 317,

13 349, 520b, 529, 529a, or 531 of the Michigan penal code, Act

14 No. 328 of the Public Acts of 1931, being sections 750.72,

15 750.83, 750.86, 750.89, 750.91, 750.316, 750.317, 750.349,

16 750.520b, 750.529, 750.529a, and 750.531 of the Michigan Compiled

17 Laws 1931 PA 328, MCL 750.72, 750.83, 750.89, 750.91, 750.316,

18 750.317, 750.349, 750.520B, 750.529, 750.529A, AND 750.531.

19 (b) A violation of section 84 or 110a(2) of Act No. 328 of

20 the Public Acts of 1931, being sections 750.84 and 750.110a of

21 the Michigan Compiled Laws THE MICHIGAN PENAL CODE, 1931 PA 328,

22 MCL 750.84 AND 750.110A, if the juvenile is armed with a danger-

23 ous weapon. As used in this subdivision, "dangerous weapon"

24 means 1 or more of the following:

25 (i) A loaded or unloaded firearm, whether operable or

26 inoperable.

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1 (ii) A knife, stabbing instrument, brass knuckles,

2 blackjack, club, or other object specifically designed or

3 customarily carried or possessed for use as a weapon.

4 (iii) An object that is likely to cause death or bodily

5 injury when used as a weapon and that is used as a weapon or car-

6 ried or possessed for use as a weapon.

7 (iv) An object or device that is used or fashioned in a

8 manner to lead a person to believe the object or device is an

9 object or device described in subparagraphs (i) to (iii).

10 (c) A violation of section 186a of Act No. 328 of the

11 Public Acts of 1931, being section 750.186a of the Michigan

12 Compiled Laws THE MICHIGAN PENAL CODE, 1931 PA 328, MCL

13 750.186A, regarding escape or attempted escape from a juvenile

14 facility, but only if the juvenile facility from which the indi-

15 vidual escaped or attempted to escape was 1 of the following:

16 (i) A high-security or medium-security facility operated by

17 the family independence agency OR A COUNTY JUVENILE AGENCY.

18 (ii) A high-security facility operated by a private agency

19 under contract with the family independence agency OR A COUNTY

20 JUVENILE AGENCY.

21 (d) A violation of section 7401(2)(a)(i) or 7403(2)(a)(i) of

22 the public health code, Act No. 368 of the Public Acts of 1978,

23 being sections 333.7401 and 333.7403 of the Michigan Compiled

24 Laws 1978 PA 368, MCL 333.7401 AND 333.7403.

25 (e) An attempt to commit a violation described in subdivi-

26 sions (a) to (d).

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1 (f) Conspiracy to commit a violation described in

2 subdivisions (a) to (d).

3 (g) Solicitation to commit a violation described in subdivi-

4 sions (a) to (d).

5 (h) Any lesser included offense of a violation described in

6 subdivisions (a) to (g) if the individual is charged with a vio-

7 lation described in subdivisions (a) to (g).

8 (i) Any other violation arising out of the same transaction

9 as a violation described in subdivisions (a) to (g) if the indi-

10 vidual is charged with a violation described in subdivisions (a)

11 to (g).

12 CHAPTER IX

13 Sec. 1. (1) A judge of a court having jurisdiction may pro-

14 nounce judgment against and pass sentence upon a person convicted

15 of an offense in that court. The sentence shall not exceed the

16 sentence prescribed by law. The court shall sentence a juvenile

17 convicted of any of the following crimes in the same manner as an

18 adult:

19 (a) Arson of a dwelling in violation of section 72 of the

20 Michigan penal code, Act No. 328 of the Public Acts of 1931,

21 being section 750.72 of the Michigan Compiled Laws 1931 PA 328,

22 MCL 750.72.

23 (b) Assault with intent to commit murder in violation of

24 section 83 of Act No. 328 of the Public Acts of 1931, being sec-

25 tion 750.83 of the Michigan Compiled Laws THE MICHIGAN PENAL

26 CODE, 1931 PA 328, MCL 750.83.

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1 (c) Assault with intent to maim in violation of section 86

2 of Act No. 328 of the Public Acts of 1931, being section 750.86

3 of the Michigan Compiled Laws THE MICHIGAN PENAL CODE, 1931 PA

4 328, MCL 750.86.

5 (d) Attempted murder in violation of section 91 of Act

6 No. 328 of the Public Acts of 1931, being section 750.91 of the

7 Michigan Compiled Laws THE MICHIGAN PENAL CODE, 1931 PA 328, MCL

8 750.91.

9 (e) Conspiracy to commit murder in violation of section 157a

10 of Act No. 328 of the Public Acts of 1931, being section

11 750.157a of the Michigan Compiled Laws THE MICHIGAN PENAL CODE,

12 1931 PA 328, MCL 750.157A.

13 (f) Solicitation to commit murder in violation of section

14 157b of Act No. 328 of the Public Acts of 1931, being section

15 750.157b of the Michigan Compiled Laws THE MICHIGAN PENAL CODE,

16 1931 PA 328, MCL 750.157B.

17 (g) First degree murder in violation of section 316 of Act

18 No. 328 of the Public Acts of 1931, being section 750.316 of the

19 Michigan Compiled Laws THE MICHIGAN PENAL CODE, 1931 PA 328, MCL

20 750.316.

21 (h) Second degree murder in violation of section 317 of Act

22 No. 328 of the Public Acts of 1931, being section 750.317 of the

23 Michigan Compiled Laws THE MICHIGAN PENAL CODE, 1931 PA 328, MCL

24 750.317.

25 (i) Kidnapping in violation of section 349 of Act No. 328

26 of the Public Acts of 1931, being section 750.349 of the Michigan

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1 Compiled Laws THE MICHIGAN PENAL CODE, 1931 PA 328, MCL

2 750.349.

3 (j) First degree criminal sexual conduct in violation of

4 section 520b of Act No. 328 of the Public Acts of 1931, being

5 section 750.520b of the Michigan Compiled Laws THE MICHIGAN

6 PENAL CODE, 1931 PA 328, MCL 750.520B.

7 (k) Armed robbery in violation of section 529 of Act

8 No. 328 of the Public Acts of 1931, being section 750.529 of the

9 Michigan Compiled Laws THE MICHIGAN PENAL CODE, 1931 PA 328, MCL

10 750.529.

11 (l) Carjacking in violation of section 529a of Act No. 328

12 of the Public Acts of 1931, being section 750.529a of the

13 Michigan Compiled Laws THE MICHIGAN PENAL CODE, 1931 PA 328, MCL

14 750.529A.

15 (2) A person convicted of a felony or of a misdemeanor pun-

16 ishable by imprisonment for more than 92 days shall not be sen-

17 tenced until the court has examined the court file and has deter-

18 mined that the PERSON'S fingerprints of the person have been

19 taken.

20 (3) Unless a juvenile is required to be sentenced in the

21 same manner as an adult under subsection (1), a judge of a court

22 having jurisdiction over a juvenile shall conduct a hearing at

23 the juvenile's sentencing to determine if the best interests of

24 the public would be served by placing the juvenile on probation

25 and committing the juvenile to a state AN institution or agency

26 described in the youth rehabilitation services act, Act No. 150

27 of the Public Acts of 1974, being sections 803.301 to 803.309 of

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1 the Michigan Compiled Laws 1974 PA 150, MCL 803.301 TO 803.309,

2 or by imposing any other sentence provided by law for an adult

3 offender. Except as provided in subsection (5), the court shall

4 sentence the juvenile in the same manner as an adult unless the

5 court determines by a preponderance of the evidence that the

6 interests of the public would be best served by placing the juve-

7 nile on probation and committing the juvenile to a state AN

8 institution or agency described in Act No. 150 of the Public

9 Acts of 1974 THE YOUTH REHABILITATION SERVICES ACT, 1974 PA 150,

10 MCL 803.301 TO 803.309. The rules of evidence do not apply to a

11 hearing under this subsection. In making the determination

12 required under this subsection, the judge shall consider all of

13 the following, giving greater weight to the seriousness of the

14 alleged offense and the juvenile's prior record of delinquency:

15 (a) The seriousness of the alleged offense in terms of com-

16 munity protection, including, but not limited to, the existence

17 of any aggravating factors recognized by the sentencing guide-

18 lines, the use of a firearm or other dangerous weapon, and the

19 impact on any victim.

20 (b) The JUVENILE'S culpability of the juvenile in commit-

21 ting the alleged offense, including, but not limited to, the

22 level of the juvenile's participation in planning and carrying

23 out the offense and the existence of any aggravating or mitigat-

24 ing factors recognized by the sentencing guidelines.

25 (c) The juvenile's prior record of delinquency including,

26 but not limited to, any record of detention, any police record,

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1 any school record, or any other evidence indicating prior

2 delinquent behavior.

3 (d) The juvenile's programming history, including, but not

4 limited to, the juvenile's past willingness to participate mean-

5 ingfully in available programming.

6 (e) The adequacy of the punishment or programming available

7 in the juvenile justice system.

8 (f) The dispositional options available for the juvenile.

9 (4) With the consent of the prosecutor and the defendant,

10 the court may waive the hearing required under subsection (3).

11 If the court waives the hearing required under subsection (3),

12 the court may place the juvenile on probation and commit the

13 juvenile to a state AN institution or agency described in Act

14 No. 150 of the Public Acts of 1974 THE YOUTH REHABILITATION

15 SERVICES ACT, 1974 PA 150, MCL 803.301 TO 803.309, but shall not

16 impose any other sentence provided by law for an adult offender.

17 (5) If a juvenile is convicted of a violation or conspiracy

18 to commit a violation of section 7401(2)(a)(i) or 7403(2)(a)(i)

19 of the public health code, Act No. 368 of the Public Acts of

20 1978, being sections 333.7401 and 333.7403 of the Michigan

21 Compiled Laws 1978 PA 368, MCL 333.7401 AND 333.7403, the court

22 shall determine whether the best interests of the public would be

23 served by imposing the sentence provided by law for an adult

24 offender, by placing the individual on probation and committing

25 the individual to a state AN institution or agency under

26 subsection (3), or by imposing a sentence of imprisonment for any

27 term of years but not less than 25 years. If the court

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1 determines by clear and convincing evidence that the best

2 interests of the public would be served by imposing a sentence of

3 imprisonment for any term of years but not less than 25 years,

4 the court may impose that sentence. In making its determination,

5 the court shall use the criteria specified in subsection (3).

6 (6) The court shall state on the record the court's findings

7 of fact and conclusions of law for the probation and commitment

8 decision or sentencing decision made under subsection (3). If a

9 juvenile is committed under subsection (3) to a state AN insti-

10 tution or agency described in Act No. 150 of the Public Acts of

11 1974 THE YOUTH REHABILITATION SERVICES ACT, 1974 PA 150, MCL

12 803.301 TO 803.309, a transcript of the court's findings shall be

13 sent to the family independence agency OR COUNTY JUVENILE AGENCY,

14 AS APPLICABLE.

15 (7) If a juvenile is committed under subsection (3) or (4)

16 to a state AN institution or agency described in Act No. 150

17 of the Public Acts of 1974 THE YOUTH REHABILITATION SERVICES

18 ACT, 1974 PA 150, MCL 803.301 TO 803.309, the written order of

19 commitment shall contain a provision for the reimbursement to the

20 court by the juvenile or those responsible for the juvenile's

21 support, or both, for the cost of care or service. The amount of

22 reimbursement ordered shall be reasonable, taking into account

23 both the income and resources of the juvenile and those responsi-

24 ble for the juvenile's support. The amount may be based upon the

25 guidelines and model schedule prepared under section 18(6) of

26 chapter XIIA of Act No. 288 of the Public Acts of 1939, being

27 section 712A.18 of the Michigan Compiled Laws 1939 PA 288, MCL

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1 712A.18. The reimbursement provision shall apply during the

2 entire period the juvenile remains in care outside the juvenile's

3 own home and under court supervision. The court shall provide

4 for the collection of all amounts ordered to be reimbursed, and

5 the money collected shall be accounted for and reported to the

6 county board of commissioners. Collections to cover delinquent

7 accounts or to pay the balance due on reimbursement orders may be

8 made after a juvenile is released or discharged from care outside

9 the juvenile's own home and under court supervision. Twenty-five

10 percent of all amounts collected pursuant to an order entered

11 under this subsection shall be credited to the appropriate fund

12 of the county to offset the administrative cost of collections.

13 The balance of all amounts collected pursuant to an order entered

14 under this subsection shall be divided in the same ratio in which

15 the county, state, and federal government participate in the cost

16 of care outside the juvenile's own home and under COUNTY, state,

17 or court supervision. The court may also collect benefits paid

18 by the government of the United States for the cost of care of

19 the juvenile. Money collected for juveniles placed with or com-

20 mitted to the family independence agency OR A COUNTY JUVENILE

21 AGENCY shall be accounted for and reported on an individual

22 basis. In cases of delinquent accounts, the court may also enter

23 an order to intercept state tax refunds or the federal income tax

24 refund of a child, parent, guardian, or custodian and initiate

25 the necessary offset proceedings in order to recover the cost of

26 care or service. The court shall send to the person who is the

27 subject of the intercept order advance written notice of the

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1 proposed offset. The notice shall include notice of the

2 opportunity to contest the offset on the grounds that the inter-

3 cept is not proper because of a mistake of fact concerning the

4 amount of the delinquency or the identity of the person subject

5 to the order. The court shall provide for the prompt reimburse-

6 ment of an amount withheld in error or an amount found to exceed

7 the delinquent amount.

8 (8) If the court appoints an attorney to represent a juve-

9 nile, an order entered under this section may require the juve-

10 nile or person responsible for the juvenile's support, or both,

11 to reimburse the court for attorney fees.

12 (9) An order directed to a person responsible for the

13 juvenile's support under this section is not binding on the

14 person unless an opportunity for a hearing has been given and

15 until a copy of the order is served on the person, personally or

16 by first-class mail to the person's last known address.

17 (10) If a juvenile is placed on probation and committed

18 under subsection (3) or (4) to a state AN institution or agency

19 described in Act No. 150 of the Public Acts of 1974 THE YOUTH

20 REHABILITATION SERVICES ACT, 1974 PA 150, MCL 803.301 TO 803.309,

21 the court shall retain jurisdiction over the juvenile while the

22 juvenile is on probation and committed to that state institu-

23 tion or agency.

24 (11) If the court has retained jurisdiction over a juvenile

25 under subsection (10), the court shall conduct an annual review

26 of the services being provided to the juvenile, the juvenile's

27 placement, and the juvenile's progress in that placement. In

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1 conducting this review, the court shall examine the juvenile's

2 annual report prepared pursuant to UNDER section 3 of the juve-

3 nile facilities act, Act No. 73 of the Public Acts of 1988,

4 being section 803.223 of the Michigan Compiled Laws 1988 PA 73,

5 MCL 803.223. The court may order changes in the juvenile's

6 placement or treatment plan including, but not limited to, com-

7 mitting the juvenile to the jurisdiction of the department of

8 corrections, based on the review.

9 (12) If an individual who is under the court's jurisdiction

10 under section 4 of chapter XIIA of Act No. 288 of the Public

11 Acts of 1939, being section 712A.4 of the Michigan Compiled Laws

12 1939 PA 288, MCL 712A.4, is convicted of a violation or conspir-

13 acy to commit a violation of section 7401(2)(a)(i) or

14 section 7403(2)(a)(i) of Act No. 368 of the Public Acts of 1978

15 THE PUBLIC HEALTH CODE, 1978 PA 368, MCL 333.7401 AND 333.7403,

16 the court shall determine whether the best interests of the

17 public would be served by imposing the sentence provided by law

18 for an adult offender or by imposing a sentence of imprisonment

19 for any term of years but not less than 25 years. If the court

20 determines by clear and convincing evidence that the best inter-

21 ests of the public would be served by imposing a sentence of

22 imprisonment for any term of years but not less than 25 years,

23 the court may impose that sentence. In making its determination,

24 the court shall use the criteria specified in subsection (3) TO

25 THE EXTENT THEY APPLY.

26 (13) When sentencing a person convicted of a misdemeanor

27 involving the illegal delivery, possession, or use of alcohol or

03600'97 *
20

1 a controlled substance or a felony, the court shall examine the

2 presentence investigation report and determine if the person

3 being sentenced is licensed or registered under article 15 of the

4 public health code, Act No. 368 of the Public Acts of 1978,

5 being sections 333.16101 to 333.18838 of the Michigan Compiled

6 Laws 1978 PA 368, MCL 333.16101 TO 333.18838. The court shall

7 also examine the court file and determine if a report of the con-

8 viction upon which the person is being sentenced has been for-

9 warded to the department of consumer and industry services as

10 provided in section 16a. If the report has not been forwarded to

11 the department of consumer and industry services, the court shall

12 order the clerk of the court to immediately prepare and forward

13 the report as provided in section 16a.

14 Sec. 1b. (1) If a juvenile is placed on probation and com-

15 mitted under section 1(3) or (4) of this chapter to a state AN

16 institution or agency described in the youth rehabilitation serv-

17 ices act, Act No. 150 of the Public Acts of 1974, being sections

18 803.301 to 803.309 of the Michigan Compiled Laws 1974 PA 150,

19 MCL 803.301 TO 803.309, the court shall conduct a review hearing

20 to determine whether the juvenile has been rehabilitated and

21 whether the juvenile presents a serious risk to public safety.

22 If the court determines that the juvenile has not been rehabili-

23 tated or that the juvenile presents a serious risk to public

24 safety, jurisdiction over the juvenile shall be continued or the

25 court may commit the juvenile to the department of corrections as

26 provided in this section. In making this determination, the

27 court shall consider the following:

03600'97 *
21

1 (a) The extent and nature of the juvenile's participation in

2 education, counseling, or work programs.

3 (b) The juvenile's willingness to accept responsibility for

4 prior behavior.

5 (c) The juvenile's behavior in his or her current

6 placement.

7 (d) The JUVENILE'S prior record and character of the

8 juvenile and his or her physical and mental maturity.

9 (e) The juvenile's potential for violent conduct as demon-

10 strated by prior behavior.

11 (f) The recommendations of the state institution or agency

12 charged with the juvenile's care for the juvenile's release or

13 continued custody.

14 (g) Other information the prosecuting attorney or juvenile

15 may submit.

16 (2) A review hearing shall be scheduled and held unless

17 adjourned for good cause as near as possible to, but before, the

18 juvenile's nineteenth birthday. If the state institution or

19 agency to which the juvenile was committed believes that the

20 juvenile has been rehabilitated and that the juvenile does not

21 present a serious risk to public safety, the state THAT insti-

22 tution or agency may petition the court to conduct a review hear-

23 ing at any time before the juvenile becomes 19 years of age or,

24 if the court has continued jurisdiction under subsection (1), at

25 any time before the juvenile becomes 21 years of age.

26 (3) Not less than 14 days before a review hearing is to be

27 conducted, the prosecuting attorney, juvenile, and, if addresses

03600'97 *
22

1 are known, the juvenile's parent or guardian shall be notified.

2 The notice shall state that the court may extend jurisdiction

3 over the juvenile and shall advise the juvenile and the

4 juvenile's parent or guardian of the right to legal counsel. If

5 legal counsel has not been retained or appointed to represent the

6 juvenile, the court shall appoint legal counsel and may assess

7 the cost of providing counsel as costs against the juvenile or

8 those responsible for the juvenile's support, or both, if the

9 persons to be assessed are financially able to comply.

10 (4) The state institution or agency charged with the care

11 of the juvenile shall prepare commitment reports as provided in

12 section 5 of the juvenile facilities act, Act No. 73 of the

13 Public Acts of 1988, being section 803.225 of the Michigan

14 Compiled Laws 1988 PA 73, MCL 803.225, for use by the court at a

15 review hearing held under this section.

16 (5) The court shall conduct a final review of the juvenile's

17 probation and commitment under section 1(3) or (4) OF THIS

18 CHAPTER not less than 3 months before the end of the period that

19 the juvenile is on probation and committed to the state insti-

20 tution or agency. If the court determines at this review that

21 the best interests of the public would be served by imposing any

22 other sentence provided by law for an adult offender, the court

23 may impose the sentence. In making its determination, the court

24 shall consider the criteria specified in subsection (1) and all

25 of the following criteria:

26 (a) The effect of treatment on the juvenile's

27 rehabilitation.

03600'97 *
23

1 (b) Whether the juvenile is likely to be dangerous to the

2 public if released.

3 (c) The best interests of the public welfare and the protec-

4 tion of public security.

5 (6) Not less than 14 days before a final review hearing

6 under subsection (5) is to be conducted, the prosecuting attor-

7 ney, juvenile, and, if addresses are known, the juvenile's parent

8 or guardian shall be notified. The notice shall state that the

9 court may impose a sentence upon the juvenile under subsection

10 (5) and shall advise the juvenile and the juvenile's parent or

11 guardian of the right to legal counsel. If legal counsel has not

12 been retained or appointed to represent the juvenile, the court

13 shall appoint legal counsel and may assess the cost of providing

14 counsel as costs against the juvenile or those responsible for

15 the juvenile's support, or both, if the persons to be assessed

16 are financially able to comply.

17 (7) After a sentence is imposed under subsection (1) or (5),

18 the juvenile shall receive credit for the period of time served

19 on probation and committed to a state AN agency or institution

20 under section 1(3) or (4) of this chapter.

21 Sec. 28. Notwithstanding any provision of law to the con-

22 trary, in case of the commitment or sentence of IF a person

23 convicted of a crime or contempt of court IS COMMITTED OR

24 SENTENCED to imprisonment for a maximum of 1 year or less, the

25 commitment or sentence shall be made to the county jail of the

26 county in which the person was convicted , and not to a state

27 penal institution. This section shall DOES not apply to a

03600'97 *
24

1 juvenile placed on probation and committed to a state AN

2 institution or agency described in the youth rehabilitation serv-

3 ices act, Act No. 150 of the Public Acts of 1974, being sections

4 803.301 to 803.309 of the Michigan Compiled Laws 1974 PA 150,

5 MCL 803.301 TO 803.309, under section 1(3) or (4) of this

6 chapter.

7 CHAPTER XI

8 Sec. 1. (1) In all prosecutions for felonies or misdemean-

9 ors , except OTHER THAN murder, treason, criminal sexual con-

10 duct in the first or third degree, ARMED robbery, while armed,

11 and major controlled substance offenses not described in subsec-

12 tion (4), if the defendant has been found guilty upon verdict or

13 plea , and if it appears to the satisfaction of the court

14 DETERMINES that the defendant is not likely again to engage in an

15 offensive or criminal course of conduct and that the public good

16 does not require that the defendant suffer the penalty imposed by

17 law, the court may place the defendant on probation under the

18 charge and supervision of a probation officer.

19 (2) Except as provided in subsection (4), in an action in

20 which the court may place the defendant on probation, the court

21 may delay the imposing of sentence of SENTENCING the defendant

22 for a period of not to exceed MORE THAN 1 year for the pur-

23 pose of giving TO GIVE the defendant an opportunity to prove to

24 the court his or her eligibility for probation or other leniency

25 compatible with the ends of justice and the DEFENDANT'S

26 rehabilitation. of the defendant. When the sentencing is

27 delayed, the court shall make ENTER an order stating the reason

03600'97 *
25

1 for the delay , which order shall be entered upon the COURT'S

2 records. of the court. The delay in passing sentence shall

3 DOES not deprive the court of jurisdiction to sentence the

4 defendant at any time during the period of delay.

5 (3) If a defendant is before the circuit court and is made

6 subject to a delay in THE COURT DELAYS imposing sentence under

7 subsection (2), the court shall include in the delayed sentence

8 order that the department of corrections shall collect a supervi-

9 sion fee of not more than $30.00 multiplied by the number of

10 months of delay ordered, but not more than 12 months. The fee is

11 payable when the delayed sentence order is entered, but the fee

12 may be paid in monthly installments if the court approves

13 installment payments for that defendant. In determining the

14 amount of the fee, the court shall consider the defendant's

15 projected income and financial resources. The court shall use

16 the following table of projected monthly income in determining

17 the amount of the fee to be ordered:

18 Projected Monthly Income Amount of Fee

19 $ 0-249.99 $ 0.00

20 $ 250.00-499.99 $10.00

21 $ 500.00-749.99 $20.00

22 $ 750.00 or more $30.00

23 The court may order a higher amount than indicated by the table,

24 up to the maximum of $30.00 multiplied by the number of months of

25 delay ordered but not more than 12 months, if the court

26 determines that the defendant has sufficient assets or other

03600'97 *
26

1 financial resources to warrant the higher amount. If the court

2 orders a higher amount, the amount and the reasons for ordering

3 that amount shall be stated in the court order. The fee shall be

4 collected as provided in section 25a of Act No. 232 of the

5 Public Acts of 1953, being section 791.225a of the Michigan

6 Compiled Laws 1953 PA 232, MCL 791.225A. A person shall not be

7 subject to more than 1 supervision fee at the same time. If a

8 supervision fee is ordered for a person for any month or months

9 during which that person already is subject to a supervision fee,

10 the court shall waive the fee having the shorter remaining

11 duration.

12 (4) The sentencing judge may place a defendant on life pro-

13 bation pursuant to subsection (1) if the defendant is convicted

14 for a violation of section 7401(2)(a)(iv) or 7403(2)(a)(iv) of

15 the public health code, Act No. 368 of the Public Acts of 1978,

16 being sections 333.7401 or 333.7403 of the Michigan Compiled

17 Laws 1978 PA 368, MCL 333.7401 AND 333.7403, or conspiracy to

18 commit either of those 2 offenses OFFENSE. Subsection (2) does

19 not apply to this subsection.

20 (5) Beginning June 1, 1988, this THIS section does not

21 apply to a juvenile placed on probation and committed under sec-

22 tion 1(3) or (4) of chapter IX to a state AN institution or

23 agency described in the youth rehabilitation services act, Act

24 No. 150 of the Public Acts of 1974, being sections 803.301 to

25 803.309 of the Michigan Compiled Laws 1974 PA 150, MCL 803.301

26 TO 803.309.

03600'97 *
27

1 Sec. 2. (1) Except as provided in section 2a of this

2 chapter, if the defendant is convicted for an offense that is not

3 a felony, the PROBATION period of probation shall not exceed 2

4 years. Except as provided in section 2a of this chapter, if the

5 defendant is convicted of a felony that is not a major controlled

6 substance offense, the PROBATION period of probation shall not

7 exceed 5 years.

8 (2) The court shall by order, to be filed or entered in the

9 cause as the court may direct by general rule or in each case,

10 fix and determine the period and conditions of probation. The

11 order , whether it is filed or entered, is part of the record

12 in the cause. The court may amend the order , in form or in

13 substance , at any time.

14 (3) A defendant who is placed on probation pursuant to

15 UNDER section 1(4) of this chapter shall be placed on probation

16 for life. That sentence shall be made subject to conditions of

17 probation specified in section 3 of this chapter, including the

18 payment of a probation supervision fee as prescribed in section

19 3c of this chapter, and to revocation for violation of those con-

20 ditions, but the PROBATION period of probation shall not be

21 reduced other than by a revocation that results in imprisonment.

22 (4) If an individual is placed on probation for a listed

23 offense enumerated in section 2 of the sex offenders registration

24 act, 1994 PA 295, MCL 28.722, the individual's probation officer

25 shall register the individual or accept the individual's regis-

26 tration pursuant to AS PROVIDED IN that act.

03600'97 *
28

1 (5) Subsections (1) and (3) do not apply to a juvenile

2 placed on probation and committed under section 1(3) or (4) of

3 chapter IX to a state AN institution or agency described in the

4 youth rehabilitation services act, Act No. 150 of the Public

5 Acts of 1974, being sections 803.301 to 803.309 of the Michigan

6 Compiled Laws 1974 PA 150, MCL 803.301 TO 803.309.

7 Sec. 2a. (1) The court may place an individual convicted of

8 violating section 411h of the Michigan penal code, Act No. 328

9 of the Public Acts of 1931, being section 750.411h of the

10 Michigan Compiled Laws 1931 PA 328, MCL 750.411H, on probation

11 for not more than 5 years. The sentence is subject to the condi-

12 tions of probation set forth in section 411h(3) of Act No. 328

13 of the Public Acts of 1931 THE MICHIGAN PENAL CODE, 1931 PA 328,

14 MCL 750.400H, and section 3 of this chapter. The probation is

15 subject to revocation for any violation of a condition of that

16 probation.

17 (2) The court may place an individual convicted of violating

18 section 411i of the Michigan penal code, Act No. 328 of the

19 Public Acts of 1931, being section 750.411i of the Michigan

20 Compiled Laws 1931 PA 328, MCL 750.411I, on probation for any

21 term of years, but not less than 5 years. The sentence is

22 subject to the conditions of probation set forth in

23 section 411i(4) of Act No. 328 of the Public Acts of 1931 THE

24 MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.411I, and section 3 of

25 this chapter. The probation is subject to revocation for any

26 violation of a condition of that probation.

03600'97 *
29

1 (3) The court shall by order, to be filed or entered in the

2 cause as the court directs by general rule or in each case, fix

3 and determine the period and conditions of probation. The order

4 , whether it is filed or entered, shall be considered as IS

5 part of the record in the cause. and shall be at all times

6 alterable and amendable, both in form and in substance, in the

7 court's discretion. THE COURT MAY AMEND THE ORDER IN FORM OR

8 SUBSTANCE AT ANY TIME.

9 (4) This section does not apply to a juvenile placed on pro-

10 bation and committed under section 1(3) or (4) of chapter IX to

11 a state AN institution or agency described in the youth reha-

12 bilitation services act, Act No. 150 of the Public Acts of 1974,

13 being sections 803.301 to 803.309 of the Michigan Compiled Laws

14 1974 PA 150, MCL 803.301 TO 803.309.

15 Sec. 3. (1) The sentence of probation shall include all of

16 the following conditions:

17 (a) The probationer shall not, during DURING the term of

18 his or her probation, THE PROBATIONER SHALL NOT violate any crim-

19 inal law of this state, the United States, or another state or

20 any ordinance of any municipality in this state or another

21 state.

22 (b) The probationer shall not, during DURING the term of

23 his or her probation, THE PROBATIONER SHALL NOT leave the state

24 without the consent of the court granting his or her application

25 for probation.

26 (c) The probationer shall report to the probation officer,

27 either in person or in writing, monthly or as often as the

03600'97 *
30

1 probation officer requires. This subdivision does not apply to a

2 juvenile placed on probation and committed under section 1(3) or

3 (4) of chapter IX to a state AN institution or agency described

4 in the youth rehabilitation services act, Act No. 150 of the

5 Public Acts of 1974, being sections 803.301 to 803.309 of the

6 Michigan Compiled Laws 1974 PA 150, MCL 803.301 TO 803.309.

7 (d) The probationer, if IF convicted of a felony, THE

8 PROBATIONER shall pay a probation supervision fee as prescribed

9 in section 3c of this chapter.

10 (e) The probationer shall pay restitution to the victim of

11 the defendant's course of conduct giving rise to the conviction

12 or to the victim's estate as provided in chapter IX. An order

13 for payment of restitution may be modified and shall be enforced

14 as provided in chapter IX.

15 (f) The probationer shall pay an assessment ordered under

16 section 5 of Act No. 196 of the Public Acts of 1989, being sec-

17 tion 780.905 of the Michigan Compiled Laws 1989 PA 196, MCL

18 780.905.

19 (g) Beginning October 1, 1995, if IF the probationer is

20 required to be registered pursuant to UNDER the sex offenders

21 registration act, Act No. 295 of the Public Acts of 1994, being

22 sections 28.721 to 28.732 of the Michigan Compiled Laws 1994 PA

23 295, MCL 28.721 TO 28.732, the probationer shall comply with that

24 act.

25 (2) As a condition of probation, the court may require the

26 probationer to do 1 or more of the following:

03600'97 *
31

1 (a) Be imprisoned in the county jail for not more than 12

2 months, at the time or intervals, which may be consecutive or

3 nonconsecutive, within the probation as the court determines.

4 However, the period of confinement shall not exceed the maximum

5 period of imprisonment provided for the offense charged if the

6 maximum period is less than 12 months. The court may permit day

7 parole as authorized under Act No. 60 of the Public Acts of

8 1961, being sections 801.251 to 801.258 of the Michigan Compiled

9 Laws 1962 PA 60, MCL 801.251 TO 801.258. The court may permit a

10 work or school release from jail. This subdivision does not

11 apply to a juvenile placed on probation and committed under sec-

12 tion 1(3) or (4) of chapter IX to a state AN institution or

13 agency described in Act No. 150 of the Public Acts of 1974 THE

14 YOUTH REHABILITATION SERVICES ACT, 1974 PA 150, MCL 803.301 TO

15 803.309.

16 (b) Pay immediately or within the period of his or her pro-

17 bation a fine imposed when placed on probation.

18 (c) Pay costs pursuant to subsection (4).

19 (d) Pay any assessment ordered by the court other than an

20 assessment described in subsection (1)(f) OR (G).

21 (e) Engage in community service.

22 (f) Agree to pay BY WAGE ASSIGNMENT any restitution, assess-

23 ment, fine, or cost imposed by the court. by wage assignment.

24 (g) Participate in inpatient or outpatient drug treatment.

25 (h) Participate in mental health treatment.

26 (i) Participate in mental health or substance abuse

27 counseling.

03600'97 *
32

1 (j) Participate in a community corrections program.

2 (k) Be under house arrest.

3 (l) Be subject to electronic monitoring.

4 (m) Participate in a residential probation program.

5 (n) Satisfactorily complete a program of incarceration in a

6 special alternative incarceration unit as provided in section 3b

7 of this chapter.

8 (3) Subsection (2) may be applied to a person who is placed

9 on probation for life pursuant to sections 1(4) and 2(3) of this

10 chapter for the first 5 years of that probation.

11 (4) The court may impose other lawful conditions of proba-

12 tion as the circumstances of the case require or warrant , or

13 as in its judgment are proper. If the court requires the proba-

14 tioner to pay costs, the costs shall be limited to expenses spe-

15 cifically incurred in prosecuting the defendant or providing

16 legal assistance to the defendant and supervision of the

17 probationer.

18 (5) If the court imposes costs as part of a sentence of pro-

19 bation, all of the following apply:

20 (a) The court shall not require a probationer to pay costs

21 unless the probationer is or will be able to pay them during the

22 term of probation. In determining the amount and method of pay-

23 ment of costs, the court shall take into account the

24 PROBATIONER'S financial resources of the probationer and the

25 nature of the burden that payment of costs will impose, with due

26 regard to his or her other obligations.

03600'97 *
33

1 (b) A probationer who is required to pay costs and who is

2 not in willful default of the payment of the costs , at any

3 time, may petition the sentencing judge or his or her successor

4 AT ANY TIME for a remission of the payment of any unpaid portion

5 of those costs. If the court determines that payment of the

6 amount due will impose a manifest hardship on the probationer or

7 his or her immediate family, the court may remit all or part of

8 the amount due in costs or modify the method of payment.

9 (6) If a probationer is required to pay costs as part of a

10 sentence of probation, the court may require payment to be made

11 immediately or the court may provide for payment to be made

12 within a specified period of time or in specified installments.

13 (7) If a probationer is ordered to pay costs as part of a

14 sentence of probation, compliance with that order shall be a con-

15 dition of probation. The court may revoke probation if the pro-

16 bationer fails to comply with the order and if the probationer

17 has not made a good faith effort to comply with the order. In

18 determining whether to revoke probation, the court shall consider

19 the probationer's employment status, earning ability, and finan-

20 cial resources, the willfulness of the probationer's failure to

21 pay, and any other special circumstances that may have a bearing

22 on the probationer's ability to pay. The proceedings provided

23 for in this subsection are in addition to those provided in sec-

24 tion 4 of this chapter.

25 Sec. 3a. (1) A person under 22 years of age who is con-

26 victed of the commission of a crime in this state for which a

27 sentence in a state prison may be imposed may be required under a

03600'97 *
34

1 probation order of the court to spend a part NOT MORE THAN 1

2 YEAR of the probation period, not exceeding 1 year as the court

3 directs, in a probation camp made available to the court by the

4 department of corrections. Admission to a probation camp under

5 this section shall be made only with the prior consent of the

6 department of corrections. The department shall have custody of

7 the person of the probationer for the period directed by the

8 court DIRECTS. A probationer fleeing the DEPARTMENT'S custody

9 of the department may be pursued and recaptured as if the pro-

10 bationer had been regularly committed to a penal institution and

11 had escaped from the institution. A violation by the probationer

12 of the department's rules shall constitute CONSTITUTES suffi-

13 cient grounds for the court to revoke its probation order and to

14 sentence the probationer for the offense for which the

15 probationer HE OR SHE was originally convicted and placed on

16 probation. This section shall DOES not restrict or limit the

17 COURT'S jurisdiction of the court to place a person on proba-

18 tion in another facility suitable and available to the court.

19 The expense of transporting a probationer to and from the proba-

20 tion camp shall be borne by the county from which the probationer

21 was committed to the department of corrections.

22 (2) This section does not apply to a person placed on proba-

23 tion pursuant to UNDER sections 1(3) and 2(3) of this chapter

24 nor OR to a juvenile placed on probation and committed under

25 section 1(3) or (4) of chapter IX to a state AN institution or

26 agency described in the youth rehabilitation services act, Act

27 No. 150 of the Public Acts of 1974, being sections 803.301 to

03600'97 *
35

1 803.309 of the Michigan Compiled Laws 1974 PA 150, MCL 803.301

2 TO 803.309.

3 Sec. 3c. (1) The circuit court shall include in each order

4 of probation for a defendant convicted of a felony that the

5 department of corrections shall collect a probation supervision

6 fee of not more than $30.00 multiplied by the number of months of

7 probation ordered, but not more than 60 months. The fee is pay-

8 able when the probation order is entered, but the fee may be paid

9 in monthly installments if the court approves installment pay-

10 ments for that probationer. In determining the amount of the

11 fee, the court shall consider the probationer's projected income

12 and financial resources. The court shall use the following table

13 of projected monthly income in determining the amount of the fee

14 to be ordered:

15 Projected Monthly Income Amount of Fee

16 $ 0-249.99 $0.00

17 $ 250.00-499.99 $10.00

18 $ 500.00-749.99 $20.00

19 $ 750.00 or more $30.00

20 The court may order a higher amount than indicated by the table,

21 up to the maximum of $30.00 multiplied by the number of months of

22 probation ordered, but not more than 60 months, if the court

23 determines that the probationer has sufficient assets or other

24 financial resources to warrant the higher amount. If the court

25 orders a higher amount, the amount and the reasons for ordering

26 that amount shall be stated in the court order. The fee shall be

03600'97 *
36

1 collected as provided in section 25a of Act No. 232 of the

2 Public Acts of 1953, being section 791.225a of the Michigan

3 Compiled Laws 1953 PA 232, MCL 791.225A. A person shall not be

4 subject to more than 1 supervision fee at the same time. If a

5 supervision fee is ordered for a person for any month or months

6 during which that person already is subject to a supervision fee,

7 the court shall waive the fee having the shorter remaining

8 duration.

9 (2) A probation oversight fee ordered before October 1, 1993

10 , pursuant to UNDER this section as it existed before the 1993

11 amendatory act that amended this section AMENDMENT BY 1993 PA

12 185 remains enforceable according to the terms of that probation

13 order notwithstanding the amendments made by the 1993 amendatory

14 act that amended 1993 PA 185 TO this section.

15 (3) If a person who is subject to a probation supervision

16 fee is also subject to any combination of fines, costs, restitu-

17 tion orders, assessments, or payments arising out of the same

18 criminal proceeding, the allocation of money collected for those

19 obligations shall be as otherwise provided in the code of crimi-

20 nal procedure, Act No. 175 of the Public Acts of 1927, being

21 sections 760.1 to 776.21 of the Michigan Compiled Laws 1927 PA

22 175, MCL 760.1 TO 776.22.

23 (4) This section does not apply to a juvenile placed on pro-

24 bation and committed under section 1(3) or (4) of chapter IX to

25 a state AN institution or agency described in the youth reha-

26 bilitation services act, Act No. 150 of the Public Acts of 1974,

03600'97 *
37

1 being sections 803.301 to 803.309 of the Michigan Compiled Laws

2 1974 PA 150, MCL 803.301 TO 803.309.

3 Sec. 4. It is the intent of the legislature that the grant-

4 ing of probation shall be IS a matter of grace conferring no

5 vested right to its continuance. If during the PROBATION period

6 of probation it appears to the sentencing court's

7 satisfaction COURT DETERMINES that the probationer is likely

8 again to engage in an offensive or criminal course of conduct or

9 that the public good requires revocation of probation, the court

10 may revoke probation. All probation orders shall be ARE revo-

11 cable in any manner which the court which THAT imposed proba-

12 tion shall consider CONSIDERS applicable either for a violation

13 or attempted violation of a PROBATION condition of probation or

14 for any other type of antisocial conduct or action on the

15 PROBATIONER'S part of the probationer FOR which shall satisfy

16 the court DETERMINES that revocation is proper in the public

17 interest. Hearings on the revocation shall be summary and infor-

18 mal and not subject to the rules of evidence or of pleadings

19 applicable in criminal trials. The court may, in IN its proba-

20 tion order or by general rule, THE COURT MAY provide for the

21 apprehension, detention, and confinement of a probationer accused

22 of a violation of VIOLATING a probation condition or of con-

23 duct inconsistent with the public good. The method of hearing

24 and presentation of charges accorded shall lie ARE within the

25 court's discretion, which granted probation except that the

26 probationer shall be IS entitled to a written copy of the

27 charges against him or her which constitute CONSTITUTING the

03600'97 *
38

1 claim that he or she violated probation , and shall be

2 entitled to a probation revocation hearing. The court may

3 investigate and enter a disposition of THE probationer as the

4 court determines best serves the public interest. If a probation

5 order is revoked, the court may proceed to sentence the proba-

6 tioner in the same manner and to the same penalty as the court

7 might have done if the probation order had never been made. This

8 section does not apply to a juvenile placed on probation and com-

9 mitted under section 1(3) or (4) of chapter IX to a state AN

10 institution or agency described in the youth rehabilitation serv-

11 ices act, Act No. 150 of the Public Acts of 1974, being sections

12 803.301 to 803.309 of the Michigan Compiled Laws 1974 PA 150,

13 MCL 803.301 TO 803.309.

14 Sec. 5. (1) Upon the termination of WHEN the probation

15 period TERMINATES, the probation officer shall report the THAT

16 fact to the court and shall report the PROBATIONER'S conduct

17 of the probationer during the PROBATION period of probation

18 TO THE COURT. Upon receipt of RECEIVING the report, the court

19 may discharge the probationer from further supervision and enter

20 a judgment of suspended sentence or extend the probation period

21 as the circumstances require, so long as the maximum PROBATION

22 period of probation is not exceeded.

23 (2) This section does not apply to a juvenile placed on pro-

24 bation and committed under section 1(3) or (4) of chapter IX to

25 a state AN institution or agency described in the youth reha-

26 bilitation services act, Act No. 150 of the Public Acts of 1974,

03600'97 *
39

1 being sections 803.301 to 803.309 of the Michigan Compiled Laws

2 1974 PA 150, MCL 803.301 TO 803.309.

3 Sec. 7. (1) If THE COURT FINDS THAT a juvenile placed on

4 probation and committed under section 1(3) or (4) of chapter IX

5 to a state AN institution or agency described in the youth

6 rehabilitation services act, Act No. 150 of the Public Acts of

7 1974, being sections 803.301 to 803.309 of the Michigan Compiled

8 Laws, is found by the court to have 1974 PA 150, MCL 803.301 TO

9 803.309, violated probation by being convicted of a felony or a

10 misdemeanor punishable by imprisonment for more than 1 year, the

11 court shall revoke probation and order the juvenile committed to

12 the department of corrections for a term of years that shall

13 DOES not exceed the penalty that could have been imposed for the

14 offense for which the juvenile was originally convicted and

15 placed on probation. with THE COURT SHALL GRANT credit

16 granted against the sentence for the period of time the juve-

17 nile served on probation.

18 (2) If THE COURT FINDS THAT a juvenile placed on probation

19 and committed under section 1(3) or (4) of chapter IX to a

20 state AN institution or agency described in Act No. 150 of the

21 Public Acts of 1974 is found by the court to have THE YOUTH

22 REHABILITATION SERVICES ACT, 1974 PA 150, MCL 803.301 TO 803.309,

23 violated probation other than as provided in subsection (1), the

24 court may order the juvenile committed to the department of cor-

25 rections or may order any of the following for the juvenile:

26 (a) A change of placement.

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1 (b) Community service.

2 (c) Substance abuse counseling.

3 (d) Mental health counseling.

4 (e) Participation in a vocational-technical education

5 program.

6 (f) Incarceration in a county jail for not more than 30

7 days. If a juvenile is under 17 years of age, the juvenile shall

8 be placed in a room or ward out of sight and sound from adult

9 prisoners.

10 (g) Other participation or performance as the court consid-

11 ers necessary.

12 Sec. 14a. (1) Before sentencing THE COURT SENTENCES a

13 juvenile under section 1(3) or (4) of chapter IX, the department

14 of social services FAMILY INDEPENDENCE AGENCY OR COUNTY JUVENILE

15 AGENCY, AS APPLICABLE, shall inquire into the JUVENILE'S ante-

16 cedents, character, and circumstances of the juvenile, and

17 shall report in writing to the court as provided in section 4 of

18 the juvenile facilities act, 1988 PA 73, MCL 803.224.

19 (2) The court may exempt from disclosure in a report under

20 this section information or a diagnostic opinion which THAT

21 might seriously disrupt a program of rehabilitation or sources of

22 information obtained on a promise of confidentiality. If a part

23 of the report is not disclosed, the court shall state on the

24 record the reasons for its action and inform the juvenile and his

25 or her attorney that information has not been disclosed. The

26 action of the court in exempting information from disclosure

27 shall be IS subject to appellate review. Information or a

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1 diagnostic opinion exempted from disclosure pursuant to UNDER

2 this subsection shall be specifically noted in the report.

3 (3) The court shall permit the prosecutor, the juvenile's

4 attorney, and the juvenile to review the report prior to BEFORE

5 sentencing.

6 (4) At the time of sentencing, either party may challenge

7 , on the record , the accuracy or relevancy of any informa-

8 tion contained in the report. The court may order an adjournment

9 to permit the parties to prepare a challenge or a response to a

10 challenge. If the court finds that the challenged information is

11 inaccurate or irrelevant, that finding shall be made a part of

12 the record and the report shall be amended and BY STRIKING the

13 inaccurate or irrelevant information. shall be stricken

14 accordingly.

15 (5) The juvenile and, on appeal, the juvenile's attorney

16 shall be provided with a copy of the report and any attachments

17 to the report, with the exception of any information exempted

18 from disclosure , on the record, by the court under subsection

19 (2).

20 (6) If the juvenile is committed to a state penal institu-

21 tion or is placed on probation and committed to a state AN

22 institution or agency described in the youth rehabilitation serv-

23 ices act, Act No. 150 of the Public Acts of 1974, being sections

24 803.301 to 803.309 of the Michigan Compiled Laws 1974 PA 150,

25 MCL 803.301 TO 803.309, a copy of the report and any attachments

26 to it shall accompany the commitment papers. If the juvenile is

27 sentenced by fine or imprisonment or placed on probation but not

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1 committed to a state AN institution or agency described in Act

2 No. 150 of the Public Acts of 1974 THE YOUTH REHABILITATION

3 SERVICES ACT, 1974 PA 150, MCL 803.301 TO 803.309, a copy of the

4 report and any attachments to it shall be filed with the depart-

5 ment of corrections.

6 (7) A report under this section is in addition to, and not

7 in lieu of, a presentence investigation report required by

8 section 14 of this chapter.

9 Enacting section 1. This amendatory act does not take

10 effect unless the United States department of health and human

11 services grants part 3 of the family independence agency's waiver

12 filed under the child welfare demonstration project to permit a

13 transfer of title IV-E funding from the state to 1 or more coun-

14 ties and the family independence agency files with the secretary

15 of state a certification that the necessary waiver was granted.

16 Enacting section 2. This amendatory act does not take

17 effect unless all of the following bills of the 89th Legislature

18 are enacted into law:

19 (a) Senate Bill No. _____ or House Bill No. _____ (request

20 no. 03597'97 *).

21 (b) Senate Bill No. _____ or House Bill No. _____ (request

22 no. 03598'97 *).

23 (c) Senate Bill No. _____ or House Bill No. _____ (request

24 no. 03598'97 a *).

25 (d) Senate Bill No. _____ or House Bill No. _____ (request

26 no. 03598'97 b *).

03600'97 *
43

1 (e) Senate Bill No. _____ or House Bill No. _____ (request

2 no. 03599'97 *).

3 (f) Senate Bill No. _____ or House Bill No. _____ (request

4 no. 03644'97 *).

5 (g) Senate Bill No. _____ or House Bill No. _____ (request

6 no. 03917'97 *).

03600'97 * Final page. JOJ