HOUSE BILL No. 5853
May 13, 1998, Introduced by Rep. Law and referred to the Committee on Judiciary. A bill to amend 1985 PA 87, entitled "Crime victim's rights act," by amending the title and sections 13a, 18a, 19, 20, 20a, 35, 36, 41a, 46, 48, 66, 78, 78a, 78b, and 79 (MCL 780.763a, 780.768a, 780.769, 780.770, 780.770a, 780.785, 780.786, 780.791a, 780.796, 780.798, 780.816, 780.828, 780.828a, 780.828b, and 780.829), sec- tions 13a, 20a, 41a, and 78b as added and sections 18a, 35, 36, 46, 66, and 78 as amended by 1993 PA 341, sections 19, 48, and 78a as amended by 1996 PA 105, and section 79 as added by 1988 PA 21, and by adding section 12a. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 TITLE 2 An act to establish the rights of victims of crime and 3 juvenile offenses; to provide for certain procedures; TO IMPOSE 4 CERTAIN DUTIES ON CERTAIN STATE AND LOCAL OFFICIALS AND ENTITIES; 04965'97 TVD 2 1 to establish certain immunities and duties; to limit convicted 2 criminals from deriving profit under certain circumstances; to 3 prohibit certain conduct of employers or employers' agents toward 4 victims; and to provide for penalties and remedies. 5 SEC. 12A. (1) THE DEPARTMENT OF CORRECTIONS SHALL CREATE 6 AND MAINTAIN A COMPUTERIZED DATABASE TO PROVIDE VICTIMS WITH 7 NOTICE UNDER THIS ACT REGARDING THE CUSTODY AND CHANGE IN CUSTODY 8 OF PRISONERS AND DETAINEES. 9 (2) IF A VICTIM HAS REQUESTED NOTICE UNDER THIS ACT OF THE 10 CUSTODY STATUS OR CHANGE IN CUSTODY STATUS OF A PRISONER OR 11 DETAINEE, THE DEPARTMENT OF CORRECTIONS SHALL IMMEDIATELY NOTIFY 12 THAT VICTIM OF THAT CUSTODY STATUS OR CHANGE IN CUSTODY STATUS 13 UPON NOTIFICATION TO THE DEPARTMENT OF CORRECTIONS UNDER SUBSEC- 14 TION (4). THE DEPARTMENT SHALL ALSO MAKE IMMEDIATELY AVAILABLE 15 TO OTHER MEMBERS OF THE PUBLIC THROUGH THE USE OF A TOLL-FREE 16 TELEPHONE NUMBER OR THE INTERNET INFORMATION REGARDING THE CUS- 17 TODY STATUS OR CHANGE IN CUSTODY STATUS OF PRISONERS AND 18 DETAINEES. 19 (3) AN INDIVIDUAL OR ENTITY THAT IS REQUIRED UNDER THIS ACT 20 TO PROVIDE NOTICE TO THE DEPARTMENT OF CORRECTIONS REGARDING THE 21 CUSTODY STATUS OR CHANGE IN CUSTODY STATUS OF PRISONERS OR 22 DETAINEES SHALL PROMPTLY PROVIDE INFORMATION TO THE DEPARTMENT OF 23 CORRECTIONS REGARDING THAT CUSTODY STATUS OR CHANGE IN CUSTODY 24 STATUS AS PRESCRIBED BY THE DEPARTMENT OF CORRECTIONS. 25 (4) THE DEPARTMENT OF CORRECTIONS MAY PROMULGATE RULES TO 26 IMPLEMENT THIS SECTION. 04965'97 3 1 Sec. 13a. When a defendant is sentenced to a term of 2 imprisonment or ordered to be placed in a juvenile facility, the 3 prosecuting attorney shall provide the victim with a form the 4 victim may submit to receive the notices provided for under 5 section 19 or 20a. The form shall include the address of the 6 department of corrections , the sheriff, or the department of 7 social services, as applicable, to which the form may be sent. 8 Sec. 18a. (1) Upon the request of the victim, the prosecut- 9 ing attorney shall notify the victim of the following: 10 (a) That the defendant has filed an appeal of his or her 11 conviction. 12 (b) Whether the defendant has been ordered released on bail 13 or other recognizance pending the disposition of the appeal. If 14 the prosecuting attorney is notified that the defendant has been 15 ordered released on bail or other recognizance pending disposi- 16 tion of the appeal, the prosecuting attorney shall use any means 17 reasonably calculated to give the victim notice of that order 18 within 24 hours after the prosecuting attorney is notified of the 19 order. 20 (B) (c) The time and place of any appellate court proceed- 21 ings and any changes in the time or place of those proceedings. 22 (C) (d) The result of the appeal. If the prosecuting 23 attorney is notified that the conviction is ordered reversed or 24 the case is remanded for further proceedings, the prosecuting 25 attorney shall use any means reasonably calculated to give the 26 victim notice of that order within 24 hours after the prosecuting 27 attorney is notified of the order. 04965'97 4 1 (2) If the prosecuting attorney is not successful in 2 notifying the victim of an event described in subsection (1) 3 within the period set forth in that subsection for notification, 4 the prosecuting attorney shall notify the victim of that event as 5 soon as possible by any means reasonably calculated to give the 6 victim prompt actual notice. 7 (3) Upon the request of the victim, the prosecuting attorney 8 shall provide the victim with a brief explanation in plain 9 English of the appeal process, including the possible 10 dispositions. 11 (4) If the defendant's conviction is reversed and the case 12 is returned to the trial court for further proceedings, the 13 victim shall have the same rights previously requested during the 14 proceedings which led to the appeal. 15 Sec. 19. (1) Upon the written request of a victim of a 16 crime, the sheriff or the department of corrections shall 17 mail PROVIDE to the victim the following INFORMATION, as appli- 18 cable, about a prisoner who IS DETAINED BEFORE TRIAL OR has been 19 sentenced to imprisonment under the jurisdiction of the A 20 COUNTY sheriff or the department for commission of that crime: 21 (a) Within 30 days after the request, notice of the COUNTY 22 sheriff's calculation of the earliest release date of the prison- 23 er, or the department's calculation of the earliest parole eligi- 24 bility date of the prisoner, with all potential good time or dis- 25 ciplinary credits considered if the sentence of imprisonment 26 exceeds 90 days. The victim may request 1-time only notice of 27 the calculation described in this subdivision. 04965'97 5 1 (b) Notice of the transfer or pending transfer of the 2 prisoner to a minimum security facility and the address of that 3 facility. 4 (c) Notice of the release or pending release of the prisoner 5 in a community residential program, under extended furlough, or 6 any other transfer of a prisoner to community status. 7 (d) Notice of the escape of the person accused, convicted, 8 or imprisoned for committing a crime against the victim, as pro- 9 vided in section 20. 10 (e) Notice of the victim's right to address or submit a 11 written statement for consideration by a parole board member or a 12 member of any other panel having authority over the prisoner's 13 release on parole, as provided in section 21. 14 (f) Notice of the decision of the parole board, or any other 15 panel having authority over the prisoner's release on parole, 16 after a parole review, as provided in section 21(3). 17 (g) Notice of the release of a prisoner 90 days before the 18 date of the prisoner's discharge from prison if practical, unless 19 the notice has been otherwise provided under this article. 20 (h) Notice of a public hearing under section 44 of Act 21 No. 232 of the Public Acts of 1953, being section 791.244 of the 22 Michigan Compiled Laws 1953 PA 232, MCL 791.244, regarding a 23 reprieve, commutation, or pardon of the prisoner's sentence by 24 the governor. 25 (i) Notice that a reprieve, commutation, or pardon has been 26 granted. 04965'97 6 1 (j) Notice that a prisoner has had his or her name legally 2 changed while on parole or within 2 years of release from 3 parole. 4 (K) NOTICE THAT A PRISONER HAS BEEN ORDERED RELEASED ON BAIL 5 OR OTHER RECOGNIZANCE. 6 (2) A victim's address and telephone number maintained by a 7 sheriff or the department of corrections pursuant to a request 8 for notice under subsection (1) is exempt from disclosure under 9 the freedom of information act, Act No. 442 of the Public Acts 10 of 1976, being sections 15.231 to 15.246 of the Michigan Compiled 11 Laws 1976 PA 442, MCL 15.231 TO 15.246. 12 Sec. 20. (1) As provided in subsection (2) or (3), a victim 13 who requests notice of the escape and the prosecuting attorney 14 who is prosecuting or has prosecuted the crime for which the 15 person is detained or under sentence shall be given immediate 16 notice of the escape of the person accused, convicted, or impris- 17 oned for committing a crime against the victim. The notice shall 18 be given by any means reasonably calculated to give prompt actual 19 notice. 20 (2) If the escape occurs before the sentence is executed or 21 before the defendant is delivered to the department of correc- 22 tions, the chief law enforcement officer of the agency in charge 23 of the person's detention shall give notice of the escape to the 24 prosecuting attorney DEPARTMENT OF CORRECTIONS, who shall then 25 give notice of the escape to THE PROSECUTING ATTORNEY AND TO a 26 victim who requested notice. 04965'97 7 1 (3) If the defendant is confined pursuant to a sentence, 2 the THE notice TO THE DEPARTMENT OF CORRECTIONS shall be given 3 by the chief administrator of the place in which the prisoner is 4 confined. 5 Sec. 20a. (1) Upon written request of a victim of a crime, 6 the department of social services CORRECTIONS shall make a good 7 faith effort to notify the victim before either of the following 8 occurs: 9 (a) A juvenile is dismissed from court jurisdiction or dis- 10 charged from the department of social services CORRECTIONS 11 jurisdiction. 12 (b) A juvenile is transferred from a secure juvenile facil- 13 ity to a nonsecure juvenile facility. 14 (C) A JUVENILE IS RELEASED ON BAIL OR RECOGNIZANCE. 15 (2) If the department of social services CORRECTIONS is 16 not successful in notifying the victim before an event described 17 in subsection (1)(a) or (b) occurs, the department of social 18 services CORRECTIONS shall notify the victim as soon as possible 19 after the occurrence of the event described in subsection (1)(a) 20 or (b) by any means reasonably calculated to give prompt actual 21 notice. 22 (3) Upon the victim's written request, the department of 23 social services CORRECTIONS shall give to the victim notice of 24 a juvenile's escape. A victim who requests notice of an escape 25 shall be given immediate notice of the escape by any means rea- 26 sonably calculated to give prompt actual notice. If the escape 27 occurs before the juvenile is delivered to the department of 04965'97 8 1 social services CORRECTIONS, the agency in charge of the 2 juvenile's detention shall give notice of the escape to the 3 department of social services CORRECTIONS, which shall then 4 give notice of the escape to the victim who requested notice. 5 Sec. 35. (1) If the juvenile has been placed in a juvenile 6 facility, not later than 48 hours after the preliminary hearing 7 of that juvenile for a juvenile offense, the prosecuting attorney 8 or, pursuant to an agreement under section 48a, the court shall 9 give to the victim the telephone number of the juvenile 10 facility DEPARTMENT OF CORRECTIONS and notice that the victim 11 may contact the juvenile facility DEPARTMENT OF CORRECTIONS to 12 determine whether the juvenile has been released from custody. 13 (2) Based upon any credible evidence of acts or threats of 14 physical violence or intimidation by the juvenile or at the 15 juvenile's direction against the victim or the victim's immediate 16 family, the prosecuting attorney may move that the juvenile be 17 detained in a juvenile facility. 18 Sec. 36. (1) Within 72 hours after the prosecuting attorney 19 files or submits a petition seeking to invoke the court's juris- 20 diction for a juvenile offense, the prosecuting attorney or, pur- 21 suant to an agreement under section 48a, the court shall give to 22 each victim a written notice in plain English of each of the 23 following: 24 (a) A brief statement of the procedural steps in the pro- 25 cessing of a juvenile offense case, including the fact that a 26 juvenile may be waived to the court of general criminal 27 jurisdiction. 04965'97 9 1 (b) A specific list of the rights and procedures under this 2 article. 3 (c) Details and eligibility requirements under Act No. 223 4 of the Public Acts of 1976, being sections 18.351 to 18.368 of 5 the Michigan Compiled Laws 1976 PA 223, MCL 18.351 TO 18.368. 6 (d) Suggested procedures if the victim is subjected to 7 threats or intimidation. 8 (e) The person to contact for further information. 9 (2) If requested by the victim, the prosecuting attorney or, 10 pursuant to an agreement under section 48a, the court shall give 11 to the victim notice of any scheduled court proceedings and 12 notice of any changes in that schedule. 13 (3) If the juvenile has not already entered a plea of admis- 14 sion or no contest to the original charge at the preliminary 15 hearing, the prosecuting attorney shall offer the victim the 16 opportunity to consult with the prosecuting attorney to obtain 17 the victim's views about the disposition of the offense, includ- 18 ing the victim's views about dismissal, waiver, and pretrial 19 diversion programs, before finalizing any agreement to reduce the 20 original charge. 21 (4) Before placing a juvenile in a pretrial diversion pro- 22 gram for committing a violation that if committed by an adult 23 would be a crime or a serious misdemeanor, the court shall pro- 24 vide the victim with an opportunity to be heard regarding that 25 placement. The victim has the right to make a statement at the 26 hearing, submit a written statement, or both. As used in this 27 subsection: 04965'97 10 1 (a) "Crime" means that term as defined in section 2. 2 (b) "Serious misdemeanor" means that term as defined in sec- 3 tion 61. 4 (5) The victim who receives a notice under subsection (1) 5 and who chooses to receive any other notice or notices under this 6 article shall keep the following persons informed of the victim's 7 current address and telephone number: 8 (a) The prosecuting attorney, or the court if the prosecut- 9 ing attorney and the court have entered into an agreement under 10 section 48a. 11 (b) If the juvenile is made a ward of the state, the 12 department of social services FAMILY INDEPENDENCE AGENCY. 13 (C) THE DEPARTMENT OF CORRECTIONS. 14 Sec. 41a. When a juvenile is ordered to be placed in a 15 juvenile facility, the prosecuting attorney or, pursuant to an 16 agreement under section 48a, the court, shall provide the victim 17 with a form the victim may submit to receive the notices from the 18 department of social services CORRECTIONS provided for under 19 section 48. The form shall include the address of the department 20 of social services CORRECTIONS to which the form may be sent. 21 Sec. 46. (1) Upon the request of the victim, the prosecut- 22 ing attorney shall notify the victim of the following: 23 (a) That the juvenile has filed an appeal of his or her 24 adjudication. 25 (b) Whether the juvenile has been ordered released on bail 26 or other recognizance pending the disposition of the appeal. If 27 the prosecuting attorney is notified that the juvenile has been 04965'97 11 1 ordered released on bail or other recognizance pending 2 disposition of the appeal, the prosecuting attorney shall use any 3 means reasonably calculated to give the victim notice of that 4 order within 24 hours after the prosecuting attorney is notified 5 of the order. 6 (B) (c) The time and place of any appellate court proceed- 7 ings and any changes in the time or place of those proceedings. 8 (C) (d) The result of the appeal. If the prosecuting 9 attorney is notified that the disposition is ordered reversed or 10 the case is remanded for further proceedings, the prosecuting 11 attorney shall use any means reasonably calculated to give the 12 victim notice of that order within 24 hours after the prosecuting 13 attorney is notified of the order. 14 (2) If the prosecuting attorney is not successful in notify- 15 ing the victim of an event described in subsection (1) within the 16 period set forth in that subsection for notification, the prose- 17 cuting attorney shall notify the victim of that event as soon as 18 possible by any means reasonably calculated to give the victim 19 prompt actual notice. 20 (3) Upon the request of the victim, the prosecuting attorney 21 shall provide the victim with a brief explanation in plain 22 English of the appeal process, including the possible 23 dispositions. 24 (4) In the event the juvenile's adjudication or order of 25 disposition is reversed and the case is returned to the trial 26 court for further proceedings, the victim shall have the same 04965'97 12 1 rights previously requested during the proceedings which led to 2 the appeal. 3 Sec. 48. (1) Upon written request, the court or the depart- 4 ment of social services CORRECTIONS shall make a good faith 5 effort to notify the victim before any of the following occurs 6 OCCUR: 7 (a) The juvenile is dismissed from court jurisdiction or 8 discharged from the department of social services CORRECTIONS 9 jurisdiction. 10 (b) The juvenile is transferred from a secure juvenile 11 facility to a nonsecure juvenile facility. 12 (c) The juvenile has his or her name legally changed while 13 under the jurisdiction of the probate court or within 2 years of 14 discharge from the jurisdiction of the probate court. 15 (D) THE JUVENILE IS RELEASED ON BAIL OR RECOGNIZANCE. 16 (2) If the court or department of social services 17 CORRECTIONS is not successful in notifying the victim before an 18 event described in subsection (1)(a), (b), or (c) occurs, the 19 court or department of social services CORRECTIONS shall 20 notify the victim as soon as possible after the occurrence of the 21 event described in subsection (1)(a), (b), or (c). 22 (3) Upon the victim's written request, the department of 23 social services or the court CORRECTIONS shall give to the 24 victim notice of a juvenile's escape from a secure detention or 25 treatment facility. A victim who requests notice of an escape 26 shall be given immediate notice of the escape by any means 27 reasonably calculated to give prompt actual notice. 04965'97 13 1 (4) Upon the victim's request, the prosecuting attorney 2 shall give the victim notice of a review hearing conducted under 3 section 18 of chapter XIIA of Act No. 288 of the Public Acts of 4 1939, being section 712A.18 of the Michigan Compiled Laws 1939 5 PA 288, MCL 712A.18. The victim has the right to make a state- 6 ment at the hearing, submit a written statement for use at the 7 hearing, or both. 8 Sec. 66. (1) If a plea of guilty or nolo contendere is 9 accepted by the court at the time of the arraignment of the 10 defendant for a serious misdemeanor, the court shall notify the 11 prosecuting attorney of the plea and the date of sentencing 12 within 48 hours after the arraignment. If no guilty or nolo con- 13 tendere plea is accepted at the arraignment and further proceed- 14 ings will be scheduled, the court shall so notify the prosecuting 15 attorney within 48 hours after the arraignment. A notice to the 16 prosecuting attorney under this subsection shall be on a separate 17 form and shall include the name, address, and telephone number of 18 the victim. The notice shall not be a matter of public record. 19 Within 48 hours after receiving this notice, the prosecuting 20 attorney shall give to each victim a written notice in plain 21 English of each of the following: 22 (a) A brief statement of the procedural steps in the pro- 23 cessing of a misdemeanor case, including pretrial conferences. 24 (b) A specific list of the rights and procedures under this 25 article. 04965'97 14 1 (c) Details and eligibility requirements under Act No. 223 2 of the Public Acts of 1976, being sections 18.351 to 18.368 of 3 the Michigan Compiled Laws 1976 PA 223, MCL 18.351 TO 18.368. 4 (d) Suggested procedures if the victim is subjected to 5 threats or intimidation. 6 (e) The person to contact for further information. 7 (2) If requested by the victim, the prosecuting attorney 8 shall give to the victim notice of any scheduled court proceed- 9 ings and notice of any changes in that schedule. 10 (3) If the defendant has not already entered a plea of 11 guilty or nolo contendere at the arraignment, the prosecuting 12 attorney shall offer the victim the opportunity to consult with 13 the prosecuting attorney to obtain the views of the victim about 14 the disposition of the serious misdemeanor, including the 15 victim's views about dismissal, plea or sentence negotiations, 16 and pretrial diversion programs before finalizing any negotiation 17 that may result in a dismissal, plea or sentence bargain, or pre- 18 trial diversion. 19 (4) If the case against the defendant is dismissed at any 20 time, the prosecuting attorney shall notify the victim of the 21 dismissal within 48 hours. 22 (5) A victim who receives a notice under subsection (1) or 23 (2) and who chooses to receive any other notice or notices under 24 this article shall keep the following persons informed of the 25 victim's current address and telephone number: 26 (a) The prosecuting attorney, until final disposition or 27 completion of the appellate process, whichever occurs later. 04965'97 15 1 (b) The sheriff, if the defendant is imprisoned for more 2 than 92 days. 3 (C) THE DEPARTMENT OF CORRECTIONS. 4 Sec. 78. (1) Upon the request of the victim, the prosecut- 5 ing attorney shall notify the victim of the following: 6 (a) That the defendant has filed an appeal of his or her 7 conviction. 8 (b) Whether the defendant has been ordered released on bail 9 or other recognizance pending the disposition of the appeal. If 10 the prosecuting attorney is notified that the defendant has been 11 ordered released on bail or other recognizance pending disposi- 12 tion of the appeal, the prosecuting attorney shall use any means 13 reasonably calculated to give the victim notice of that order 14 within 24 hours after the prosecuting attorney is notified of the 15 order. 16 (B) (c) The time and place of any appellate court proceed- 17 ings and any changes in the time or place of those proceedings. 18 (C) (d) The result of the appeal. If the prosecuting 19 attorney is notified that the conviction is ordered reversed or 20 the case is remanded for further proceedings, the prosecuting 21 attorney shall use any means reasonably calculated to give the 22 victim notice of that order within 24 hours after the prosecuting 23 attorney is notified of the order. 24 (2) If the prosecuting attorney is not successful in notify- 25 ing the victim of an event described in subsection (1) within the 26 period set forth in that subsection for notification, the 27 prosecuting attorney shall notify the victim of that event as 04965'97 16 1 soon as possible by any means reasonably calculated to give the 2 victim prompt actual notice. 3 (3) Upon the request of the victim, the prosecuting attorney 4 shall provide the victim with a brief explanation in plain 5 English of the appeal process, including the possible 6 dispositions. 7 (4) If the defendant's conviction is reversed and the case 8 is returned to the trial court for further proceedings, the 9 victim shall have the same rights previously requested during the 10 proceedings which led to the appeal. 11 Sec. 78a. (1) Upon the written request of a victim of a 12 serious misdemeanor, the sheriff DEPARTMENT OF CORRECTIONS 13 shall mail to IMMEDIATELY NOTIFY the victim OF the following, 14 as applicable, about a prisoner who has been sentenced to impris- 15 onment OR PRE-TRIAL DETENTION under the jurisdiction of the A 16 COUNTY sheriff for commission of that serious misdemeanor: 17 (a) Within 30 days after the request, notice NOTICE of the 18 sheriff's calculation of the earliest release date of the prison- 19 er, with all potential good time or disciplinary credits consid- 20 ered if the sentence of imprisonment exceeds 90 days. The victim 21 may request 1-time only notice of the calculation described in 22 this subdivision. 23 (b) Notice of the escape of the person accused, convicted, 24 or imprisoned for committing a serious misdemeanor against the 25 victim, as provided in section 78b. 04965'97 17 1 (c) Notice that a prisoner has had his or her name legally 2 changed while imprisoned in the county jail or within 2 years of 3 release from the county jail. 4 (D) NOTICE THAT A PRISONER HAS BEEN ORDERED RELEASED ON BAIL 5 OR OTHER RECOGNIZANCE. 6 (2) When a defendant is sentenced to a term of imprisonment, 7 the prosecuting attorney shall provide the victim with a form the 8 victim may submit to receive the notices provided for under this 9 section or section 78b. The form shall include the address of 10 the sheriff's department OF CORRECTIONS to which the form may 11 be sent. 12 Sec. 78b. (1) As provided in subsection (2) or (3), a 13 victim who requests notice of the escape and the prosecuting 14 attorney who is prosecuting or has prosecuted the serious misde- 15 meanor for which the person is detained or under sentence shall 16 be given immediate notice of the escape of the person accused, 17 convicted, or imprisoned for committing a serious misdemeanor 18 against the victim. The notice shall be given by any means rea- 19 sonably calculated to give prompt actual notice. 20 (2) If the escape occurs before the sentence is executed or 21 before the defendant is delivered to the sheriff, the chief law 22 enforcement officer of the agency in charge of the person's 23 detention shall give notice of the escape to the prosecuting 24 attorney DEPARTMENT OF CORRECTIONS, who shall then give notice 25 of the escape to THE PROSECUTING ATTORNEY AND a victim who 26 requested notice. 04965'97 18 1 (3) If the defendant is confined pursuant to a sentence, 2 the THE notice shall be given by the chief administrator of the 3 place in which the prisoner is confined. 4 Sec. 79. (1) Upon the written request of the victim, the 5 sheriff DEPARTMENT OF CORRECTIONS shall notify the victim of 6 the earliest possible release date of the defendant if the 7 defendant is sentenced to more than 92 days' imprisonment. 8 (2) The victim's written request for notice under this sec- 9 tion shall include the victim's address. 04965'97 Final page. TVD