INCREASE TERM OF PROBATION
Senate Bill 1110 (Substitute H-1)
Sponsor: Sen. Valde Garcia
House Committee: Judiciary
Senate Committee: Judiciary
First Analysis (6-15-06)
BRIEF SUMMARY: The bill would increase, from two to five years, the maximum time a person could be placed on probation for a misdemeanor child abuse conviction.
FISCAL IMPACT: To the extent that misdemeanor offenders were placed on probation for longer periods of time, local units of government could incur increased costs of misdemeanor probation supervision; such costs vary by jurisdiction.
THE APPARENT PROBLEM:
In general, a court may place a person on probation for up to two years for a misdemeanor conviction and up to five years for a felony conviction, though the law does allow a few exceptions. Currently, a term of probation for third- or fourth-degree child abuse, a misdemeanor offense, would fall under the two-year cap. Some believe that this probation period should be longer, as it is for most assaultive crimes.
THE CONTENT OF THE BILL:
Senate Bill 1110 would amend the Code of Criminal Procedure to increase – from two years to five years – the maximum time that an offender convicted of third- or fourth-degree child abuse could be placed on probation.
(Under the Michigan Penal Code, a person is guilty of third-degree child abuse if he or she knowingly or intentionally caused physical harm to a child; it is a misdemeanor offense punishable by imprisonment for not more than two years. Fourth-degree child abuse involves a person's omission or reckless act that causes physical harm to a child; it is a misdemeanor punishable by imprisonment for up to one year.)
MCL 771.2a
HOUSE COMMITTEE ACTION:
The committee substitute relocated the bill's provisions within Section 2a, but did not alter the wording of the proposed changes.
ARGUMENTS:
For:
Violent crimes and crimes of neglect are often repetitive, meaning that there is a greater likelihood that the person will commit a similar offense. Most assaultive crimes, and even aggravated stalking, allow a term of probation to be up to five years. Yet, the misdemeanor child abuse statutes restrict probation to no more than two years.
A term of probation gives a court the opportunity to monitor an offender's progress and to provide consequences if he or she does not adhere to the conditions of his or her probation (counseling, participation in a substance abuse program, community service, etc.). If the maximum term of probation for a misdemeanor child abuse offense was lengthened to five years, it would give a court more time to impose conditions that would result in positive changes in the person's behavior. And, in so doing, it would provide greater protection to the children involved.
Response:
Both third- and fourth-degree child abuse are misdemeanors, and so, many believe that the bill would increase the maximum term of probation for both offenses. However, third-degree child abuse is a two-year misdemeanor. Under current law, two-year misdemeanors are often treated as felonies for purposes of sentencing. Therefore, the longer probation term is already available for third-degree child abuse convictions. The real change in the bill is that a court would also be able to impose up to five years probation for fourth-degree child abuse.
POSITIONS:
No positions were offered on the bill.
Legislative Analyst: Susan Stutzky
Fiscal Analyst: Marilyn Peterson
■ This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.