HOUSE BILL No. 5575 February 17, 1998, Introduced by Reps. Freeman, Brewer and Llewellyn and referred to the Committee on Corrections. A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 3 of chapter XI (MCL 771.3), as amended by 1994 PA 445. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 CHAPTER XI 2 Sec. 3. (1) The sentence of probation shall include all of 3 the following conditions: 4 (a)The probationer shall not, duringDURING the term of 5 his or her probation, THE PROBATIONER SHALL NOT violate any crim- 6 inal law of this state, the United States, or another state or 7 any ordinance of any municipality in this state or another 8 state. 9 (b)The probationer shall not, duringDURING the term of 10 his or her probation, THE PROBATIONER SHALL NOT leave the state 00792'97 JOJ 2 1 without the consent of the court granting his or her application 2 for probation. 3 (c) The probationer shall report to the probation officer, 4 either in person or in writing, monthly or as often as the proba- 5 tion officer requires. This subdivision does not apply to a 6 juvenile placed on probation and committed under section 1(3) or 7 (4) of chapter IX to a state institution or agency described in 8 the youth rehabilitation services act,Act No. 150 of the Public9Acts of 1974, being sections 803.301 to 803.309 of the Michigan10Compiled Laws1974 PA 150, MCL 803.301 TO 803.309. 11 (d)The probationer, ifIF convicted of a felony, THE 12 PROBATIONER shall pay a probation supervision fee as prescribed 13 in section 3c of this chapter. 14 (e) The probationer shall pay restitution to the victim of 15 the defendant's course of conduct giving rise to the conviction 16 or to the victim's estate as provided in chapter IX. An order 17 for payment of restitution may be modified and shall be enforced 18 as provided in chapter IX. 19 (f) The probationer shall pay an assessment ordered under 20 section 5 ofAct No. 196 of the Public Acts of 1989, being sec-21tion 780.905 of the Michigan Compiled Laws1989 PA 196, MCL 22 780.905. 23 (g)Beginning October 1, 1995, ifIF the probationer is 24 required to be registeredpursuant toUNDER the sex offenders 25 registration act,Act No. 295 of the Public Acts of 1994, being26sections 28.721 to 28.732 of the Michigan Compiled Laws1994 PA 00792'97 3 1 295, MCL 28.721 TO 28.732, the probationer shall comply with that 2 act. 3 (H) IF THE OFFENSE FOR WHICH PROBATION IS IMPOSED DID NOT 4 INVOLVE A THREAT, USE, OR ATTEMPTED USE OF FORCE OR VIOLENCE 5 AGAINST ANOTHER INDIVIDUAL, THE PROBATIONER SHALL ENGAGE IN COM- 6 MUNITY SERVICE UPON THOSE TERMS THE COURT SPECIFIES. 7 (2) As a condition of probation, the court may require the 8 probationer to do 1 or more of the following: 9 (a) Be imprisoned in the county jail for not more than 12 10 months, at the time or intervals, which may be consecutive or 11 nonconsecutive, within the probation as the court determines. 12 However, the period of confinement shall not exceed the maximum 13 period of imprisonment provided for the offense charged if the 14 maximum period is less than 12 months. The court may permit day 15 parole as authorized underAct No. 60 of the Public Acts of161961, being sections 801.251 to 801.258 of the Michigan Compiled17Laws1962 PA 60, MCL 801.251 TO 801.258. The court may permit a 18 work or school release from jail. This subdivision does not 19 apply to a juvenile placed on probation and committed under sec- 20 tion 1(3) or (4) of chapter IX to a state institution or agency 21 described inAct No. 150 of the Public Acts of 1974THE YOUTH 22 REHABILITATION SERVICES ACT, 1974 PA 150, MCL 803.301 TO 23 803.309. 24 (b) Pay immediately or within the period of his or her pro- 25 bation a fine imposed when placed on probation. 26 (c) Pay costs pursuant to subsection (4). 00792'97 4 1 (d) Pay any assessment ordered by the court other than an 2 assessment described in subsection (1)(f). 3 (e) Engage in community service. 4 (f) Agree to pay BY WAGE ASSIGNMENT any restitution, assess- 5 ment, fine, or cost imposed by the court.by wage assignment.6 (g) Participate in inpatient or outpatient drug treatment. 7 (h) Participate in mental health treatment. 8 (i) Participate in mental health or substance abuse 9 counseling. 10 (j) Participate in a community corrections program. 11 (k) Be under house arrest. 12 (l) Be subject to electronic monitoring. 13 (m) Participate in a residential probation program. 14 (n) Satisfactorily complete a program of incarceration in a 15 special alternative incarceration unit as provided in section 3b 16 of this chapter. 17 (3) Subsection (2) may be applied to a person who is placed 18 on probation for lifepursuant toUNDER sections 1(4) and 2(3) 19 of this chapter for the first 5 years of that probation. 20 (4) The court may impose other lawful conditions of proba- 21 tion as the circumstances of the case require or warrant,or 22 as in its judgment are proper. If the court requires the proba- 23 tioner to pay costs, the costs shall be limited to expenses spe- 24 cifically incurred in prosecuting the defendant or providing 25 legal assistance to the defendant and supervision of the 26 probationer. 00792'97 5 1 (5) If the court imposes costs as part of a sentence of 2 probation, all of the following apply: 3 (a) The court shall not require a probationer to pay costs 4 unless the probationer is or will be able to pay them during the 5 term of probation. In determining the amount and method of pay- 6 ment of costs, the court shall take into account the 7 PROBATIONER'S financial resourcesof the probationerand the 8 nature of the burden that payment of costs will impose, with due 9 regard to his or her other obligations. 10 (b) A probationer who is required to pay costs and who is 11 not in willful default of the payment of the costs, at any12time,may petition the sentencing judge or his or her successor 13 AT ANY TIME for a remission of the payment of any unpaid portion 14 of those costs. If the court determines that payment of the 15 amount due will impose a manifest hardship on the probationer or 16 his or her immediate family, the court may remit all or part of 17 the amount due in costs or modify the method of payment. 18 (6) If a probationer is required to pay costs as part of a 19 sentence of probation, the court may require payment to be made 20 immediately or the court may provide for payment to be made 21 within a specified period of time or in specified installments. 22 (7) If a probationer is ordered to pay costs as part of a 23 sentence of probation, compliance with that order shall be a con- 24 dition of probation. The court may revoke probation if the pro- 25 bationer fails to comply with the order and if the probationer 26 has not made a good faith effort to comply with the order. In 27 determining whether to revoke probation, the court shall consider 00792'97 6 1 the probationer's employment status, earning ability, and 2 financial resources, the willfulness of the probationer's failure 3 to pay, and any other special circumstances that may have a bear- 4 ing on the probationer's ability to pay. The proceedings pro- 5 vided for in this subsection are in addition to those provided in 6 section 4 of this chapter. 00792'97 Final page. JOJ