September 12, 2006, Introduced by Rep. Van Regenmorter and referred to the Committee on Judiciary.
A bill to amend 1985 PA 87, entitled
"William Van Regenmorter crime victim's rights act,"
by amending sections 13a, 16a, 17a, 31, 41a, 44a, 46b, 61, 76a,
78a, and 80a (MCL 780.763a, 780.766a, 780.767a, 780.781, 780.791a,
780.794a, 780.796b, 780.811, 780.826a, 780.828a, and 780.830a),
sections 13a, 16a, 31, 44a, 61, and 76a as amended and sections
17a, 46b, and 80a as added by 2005 PA 184 and sections 41a and 78a
as amended by 2000 PA 503, and by adding sections 2a, 18b, 31a,
45a, 61b, and 77b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2a. The duty under this chapter and under section 24 of
article I of the state constitution of 1963 of a court, the
department of corrections, the department of human services, a
county sheriff, or a prosecuting attorney to provide a notice to a
victim also applies if the case against the defendant is resolved
by assignment of the defendant to trainee status, by a delayed
sentence or deferred judgment of guilt, or in another way that is
not an acquittal or unconditional dismissal. In performing a duty
under this chapter or under section 24 of article I of the state
constitution of 1963, the court, department of corrections,
department of human services, county sheriff, or prosecuting
attorney may furnish information or records to the victim that
would otherwise be closed to public inspection, including
information or records described in section 14 of chapter II of the
code of criminal procedure, 1927 PA 175, MCL 762.14.
Sec. 13a. (1) When a defendant is sentenced to probation,
sentenced to a term of imprisonment, ordered to be placed in a
juvenile facility, or hospitalized in or admitted to a hospital or
a facility, the prosecuting attorney shall provide the victim with
a form the victim may submit to receive the notices provided for
under section 18b, 19, 19a, 20, or 20a. The form shall include the
address of the court, the department of corrections, the sheriff,
the department of human services, the county juvenile agency, or
the hospital or facility, as applicable, to which the form may be
sent.
(2) If the defendant is sentenced to probation, the department
of corrections or the sheriff, as applicable, shall notify the
victim if the probation is revoked and the defendant is sentenced
to the department of corrections or to jail for more than 90 days.
The notice shall include a form the victim may submit to the
department of corrections or the sheriff to receive notices under
section 19, 20, or 20a.
(3) If the department of corrections determines that a
defendant who was, in the defendant's judgment of sentence, not
prohibited from being or permitted to be placed in the special
alternative incarceration unit established under section 3 of the
special alternative incarceration act, 1988 PA 287, MCL 798.13,
meets the eligibility requirements of section 34a(2) and (3) of the
corrections code of 1953, 1953 PA 232, MCL 791.234a, the department
of corrections shall notify the victim, if the victim has submitted
a written request for notification under section 19, of the
proposed placement of the defendant in the special alternative
incarceration unit not later than 30 days before placement is
intended to occur. In making the decision on whether or not to
object to the placement of the defendant in a special alternative
incarceration unit as required by section 34a(4) of the corrections
code of 1953, 1953 PA 232, MCL 791.234a, the sentencing judge or
the judge's successor shall review an impact statement submitted by
the victim under section 14.
Sec. 16a. (1) If a person is subject to any combination of
fines, costs, restitution, assessments, probation or parole
supervision fees, or other payments arising out of the same
criminal proceeding, money collected from that person for the
payment of fines, costs, restitution, assessments, probation or
parole supervision fees, or other payments ordered to be paid in
that proceeding shall be allocated as provided in this section. If
a person is subject to fines, costs, restitution, assessments,
probation or parole supervision fees, or other payments in more
than 1 proceeding in a court and if a person making a payment on
the fines, costs, restitution, assessments, probation or parole
supervision fees, or other payments does not indicate the
proceeding for which the payment is made, the court shall first
apply the money paid to a proceeding in which there is unpaid
restitution to be allocated as provided in this section.
(2) Except as otherwise provided in this subsection, if a
person is subject to payment of victim payments and any combination
of other fines, costs, assessments, probation or parole supervision
fees, or other payments, 50% of each payment collected by the court
from that person shall be applied to payment of victim payments,
and the balance shall be applied to payment of fines, costs,
supervision fees, and other assessments or payments. If a person
making a payment indicates that the payment is to be applied to
victim payments, or if the payment is received as a result of a
wage assignment under section 16 or from the department of
corrections or sheriff under section 17a, the payment shall first
be applied to victim payments. If any fines, costs, supervision
fees, or other assessments or payments remain unpaid after all of
the victim payments have been paid, any additional money collected
shall be applied to payment of those fines, costs, supervision
fees, or other assessments or payments. If any victim payments
remain unpaid after all of the fines, costs, supervision fees, or
other assessments or payments have been paid, any additional money
collected
shall be applied toward to
payment of those victim
payments.
(3) In cases involving prosecutions for violations of state
law, money allocated under subsection (2) for payment of fines,
costs, probation and parole supervision fees, and assessments or
payments other than victim payments shall be applied in the
following order of priority:
(a) Payment of the minimum state cost prescribed by section 1j
of chapter IX of the code of criminal procedure, 1927 PA 175, MCL
769.1j.
(b) Payment of other costs.
(c) Payment of fines.
(d) Payment of probation or parole supervision fees.
(e) Payment of assessments and other payments, including
reimbursement to third parties who reimbursed a victim for his or
her loss.
(4) In cases involving prosecutions for violations of local
ordinances, money allocated under subsection (2) for payment of
fines, costs, and assessments or payments other than victim
payments shall be applied in the following order of priority:
(a) Payment of the minimum state cost prescribed by section 1j
of chapter IX of the code of criminal procedure, 1927 PA 175, MCL
769.1j.
(b) Payment of fines and other costs.
(c) Payment of assessments and other payments.
(5) As used in this section, "victim payment" means
restitution ordered to be paid to the victim or the victim's
estate, but not to a person who reimbursed the victim for his or
her loss; or an assessment ordered under section 5 of 1989 PA 196,
MCL 780.905.
Sec. 17a. (1) If a defendant who has been sentenced to the
department of corrections is ordered to pay restitution under
section 16, and if the defendant receives more than $50.00 in a
month, the department of corrections shall deduct 50% of the amount
over $50.00 received by the defendant for payment of the
restitution. The department of corrections shall promptly send the
deducted money to the court or to the crime victim as provided in
the order of restitution when it accumulates to an amount that
exceeds $100.00, or when the defendant is paroled, transferred to
community
programs, or discharged on the maximum sentence.
(2) If a defendant who has been sentenced to jail is ordered
to pay restitution under section 16, and if the defendant receives
more
than $50.00 in a month, the sheriff
shall may deduct
50% of
the amount over $50.00 received by the defendant for payment of the
restitution, and 5% of the amount over $50.00 received by the
defendant to be retained by the sheriff as an administrative fee.
The
sheriff shall promptly send the deducted money deducted for
restitution to the court or to the crime victim as provided in the
order of restitution when it accumulates to an amount that exceeds
$100.00, or when the defendant is released to probation or
discharged
on the maximum sentence.
(3) The department of corrections or sheriff, as applicable,
shall notify the defendant and the court in writing of all
deductions and payments made under this section. The requirements
of this section remain in effect until all of the restitution has
been paid. The department of corrections or sheriff shall not enter
into any agreement with a defendant that modifies the requirements
of this section. An agreement in violation of this subsection is
void.
Sec. 18b. If a defendant is sentenced to probation with a
condition for the protection of the victim and if requested by the
victim, the court shall notify the victim by mail if the court
orders that the probation be terminated earlier than previously
ordered.
Sec. 31. (1) Except as otherwise defined in this article, as
used in this article:
(a) "County juvenile agency" means that term as defined in
section 2 of the county juvenile agency act, 1998 PA 518, MCL
45.622.
(b) "Court" means the family division of circuit court.
(c) "Designated case" means a case designated as a case in
which the juvenile is to be tried in the same manner as an adult
under section 2d of chapter XIIA of the probate code of 1939, 1939
PA 288, MCL 712A.2d.
(d) "Juvenile" means an individual alleged or found to be
within the court's jurisdiction under section 2(a)(1) of chapter
XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2, for an
offense, including, but not limited to, an individual in a
designated case.
(e) "Juvenile facility" means a county facility, an
institution operated as an agency of the county or the court, or an
institution or agency described in the youth rehabilitation
services act, 1974 PA 150, MCL 803.301 to 803.309, to which a
juvenile has been committed or in which a juvenile is detained.
(f) "Offense" means 1 or more of the following:
(i) A violation of a penal law of this state for which a
juvenile offender, if convicted as an adult, may be punished by
imprisonment for more than 1 year or an offense expressly
designated by law as a felony.
(ii) A violation of section 81 (assault and battery, including
domestic violence), 81a (assault; infliction of serious injury,
including aggravated domestic violence), 115 (breaking and entering
or illegal entry), 136b(6) (child abuse in the fourth degree), 145
(contributing
to the neglect or delinquency of a minor), 145a
(enticing
a child for immoral purposes), 145d (using the internet
or a computer to make a prohibited communication), 233
(intentionally aiming a firearm without malice), 234 (discharge of
a firearm intentionally aimed at a person), 235 (discharge of an
intentionally aimed firearm resulting in injury), 335a (indecent
exposure), or 411h (stalking) of the Michigan penal code, 1931 PA
328,
MCL 750.81, 750.81a, 750.115, 750.136b, 750.145, 750.145a,
750.145d, 750.233, 750.234, 750.235, 750.335a, and 750.411h.
(iii) A violation of section 601b(2) (injuring a worker in a
work zone) or 617a (leaving the scene of a personal injury
accident) of the Michigan vehicle code, 1949 PA 300, MCL 257.601b
and 257.617a, or a violation of section 625 (operating a vehicle
while under the influence of or impaired by intoxicating liquor or
a controlled substance, or with unlawful blood alcohol content) of
that act, MCL 257.625, if the violation involves an accident
resulting in damage to another individual's property or physical
injury or death to another individual.
(iv) Selling or furnishing alcoholic liquor to an individual
less than 21 years of age in violation of section 33 of the former
1933 (Ex Sess) PA 8, or section 701 of the Michigan liquor control
code of 1998, 1998 PA 58, MCL 436.1701, if the violation results in
physical injury or death to any individual.
(v) A violation of section 80176(1) or (3) (operating a vessel
while under the influence of or impaired by intoxicating liquor or
a controlled substance, or with unlawful blood alcohol content) of
the natural resources and environmental protection act, 1994 PA
451, MCL 324.80176, if the violation involves an accident resulting
in damage to another individual's property or physical injury or
death to any individual.
(vi) A violation of a local ordinance substantially
corresponding to a law enumerated in subparagraphs (i) to (v).
(vii) A violation described in subparagraphs (i) to (vi) that is
subsequently reduced to a violation not included in subparagraphs
(i) to (vi).
(g) "Person" means an individual, organization, partnership,
corporation, or governmental entity.
(h) "Prosecuting attorney" means the prosecuting attorney for
a county, an assistant prosecuting attorney for a county, the
attorney general, the deputy attorney general, an assistant
attorney general, a special prosecuting attorney, or, in connection
with the prosecution of an ordinance violation, an attorney for the
political subdivision that enacted the ordinance upon which the
violation is based.
(i) "Victim" means any of the following:
(i) A person who suffers direct or threatened physical,
financial, or emotional harm as a result of the commission of an
offense, except as provided in subparagraph (ii), (iii), or (iv).
(ii) The following individuals other than the juvenile if the
victim is deceased:
(A) The spouse of the deceased victim.
(B) A child of the deceased victim if the child is 18 years of
age or older and sub-subparagraph (A) does not apply.
(C) A parent of a deceased victim if sub-subparagraphs (A) and
(B) do not apply.
(D) The guardian or custodian of a child of a deceased victim
if the child is less than 18 years of age and sub-subparagraphs (A)
to (C) do not apply.
(E) A sibling of the deceased victim if sub-subparagraphs (A)
to (D) do not apply.
(F) A grandparent of the deceased victim if sub-subparagraphs
(A) to (E) do not apply.
(iii) A parent, guardian, or custodian of a victim who is less
than 18 years of age and who is neither the defendant nor
incarcerated, if the parent, guardian, or custodian so chooses.
(iv) A parent, guardian, or custodian of a victim who is
mentally or emotionally unable to participate in the legal process
if he or she is neither the defendant nor incarcerated.
(2) If a victim as defined in subsection (1)(i)(i) is
physically or emotionally unable to exercise the privileges and
rights under this article, the victim may designate his or her
spouse, child 18 years of age or older, parent, sibling,
grandparent, or any other person 18 years of age or older who is
neither the defendant nor incarcerated to act in his or her place
while the physical or emotional disability continues. The victim
shall provide the prosecuting attorney with the name of the person
who is to act in his or her place. During the physical or emotional
disability, notices to be provided under this article to the victim
shall continue to be sent only to the victim.
(3) An individual who is charged with an offense arising out
of the same transaction from which the charge against the defendant
arose is not eligible to exercise the privileges and rights
established for victims under this article.
Sec. 31a. The duty under this chapter and under section 24 of
article I of the state constitution of 1963 of a court, the
department of corrections, the department of human services, a
county sheriff, or a prosecuting attorney to provide a notice to a
victim also applies if the case against the defendant is resolved
by assignment of the defendant to trainee status, by a delayed
sentence or deferred judgment of guilt, or in another way that is
not an acquittal or unconditional dismissal. In performing a duty
under this chapter or under section 24 of article I of the state
constitution of 1963, the court, department of corrections,
department of human services, county sheriff, or prosecuting
attorney may furnish information or records to the victim that
would otherwise be closed to public inspection, including
information or records described in section 14 of chapter II of the
code of criminal procedure, 1927 PA 175, MCL 762.14.
Sec. 41a. When a juvenile is ordered to be placed in a
juvenile facility or sentenced to probation or to a term of
imprisonment, the prosecuting attorney, or the court pursuant to an
agreement under section 48a, shall provide the victim with a form
the
victim may submit to receive the notices from the family
independence
agency court, prosecuting
attorney, department of
human services, or county juvenile agency, as applicable, provided
for under section 45a or 48. The form shall include the address of
the family
independence agency, court,
prosecuting attorney,
department of human services, county juvenile agency, department of
corrections, or the sheriff, as applicable, to which the form may
be sent.
Sec. 44a. (1) If a juvenile is subject to any combination of
fines, costs, restitution, assessments, probation or parole
supervision fees, or other payments arising out of the same
criminal proceeding, money collected from that juvenile for the
payment of fines, costs, restitution, assessments, probation or
parole supervision fees, or other payments ordered to be paid in
that proceeding shall be allocated as provided in this section. If
a person is subject to fines, costs, restitution, assessments,
probation or parole supervision fees, or other payments in more
than 1 proceeding in a court and if a person making a payment on
the fines, costs, restitution, assessments, probation or parole
supervision fees, or other payments does not indicate the
proceeding for which the payment is made, the court shall first
apply the money paid to a proceeding in which there is unpaid
restitution to be allocated as provided in this section.
(2) Except as otherwise provided in this subsection, if a
juvenile is subject to payment of victim payments and any
combination of other fines, costs, assessments, probation or parole
supervision fees, or other payments, 50% of each payment collected
by the court from that juvenile shall be applied to payment of
victim payments, and the balance shall be applied to payment of
fines, costs, supervision fees, and other assessments or payments.
If a person making a payment indicates that the payment is to be
applied to victim payments, or if the payment is received as a
result of a wage assignment under section 44 or from the department
of corrections, sheriff, department of human services, or county
juvenile agency under section 46b, the payment shall first be
applied to victim payments. If any fines, costs, supervision fees,
or other assessments or payments remain unpaid after all of the
victim payments have been paid, any additional money collected
shall be applied to payment of those fines, costs, supervision
fees, or other assessments or payments. If any victim payments
remain unpaid after all of the fines, costs, supervision fees, or
other assessments or payments have been paid, any additional money
collected
shall be applied toward to
payment of those victim
payments.
(3) In cases involving prosecutions for violations of state
law, money allocated under subsection (2) for payment of fines,
costs, probation and parole supervision fees, and assessments or
payments other than victim payments shall be applied in the
following order of priority:
(a) Payment of the minimum state cost prescribed by section 1j
of chapter IX of the code of criminal procedure, 1927 PA 175, MCL
769.1j.
(b) Payment of other costs.
(c) Payment of fines.
(d) Payment of probation or parole supervision fees.
(e) Payment of assessments and other payments, including
reimbursement to third parties who reimbursed a victim for his or
her loss.
(4) In cases involving prosecutions for violations of local
ordinances, money allocated under subsection (2) for payment of
fines, costs, and assessments or payments other than victim
payments shall be applied in the following order of priority:
(a) Payment of the minimum state cost prescribed by section 1j
of chapter IX of the code of criminal procedure, 1927 PA 175, MCL
769.1j.
(b) Payment of fines and other costs.
(c) Payment of assessments and other payments.
(5) As used in this section, "victim payment" means
restitution ordered to be paid to the victim or the victim's
estate, but not to a person who reimbursed the victim for his or
her loss; or an assessment ordered under section 5 of 1989 PA 196,
MCL 780.905.
Sec. 45a. If a juvenile is sentenced to probation with a
condition for the protection of the victim and if requested by the
victim, the court shall notify the victim by mail if the court
orders that the probation be terminated earlier than previously
ordered.
Sec. 46b. (1) If a juvenile who has been sentenced to the
department of corrections is ordered to pay restitution under
section 44, and if the juvenile receives more than $50.00 in a
month, the department of corrections shall deduct 50% of the amount
over $50.00 received by the juvenile for payment of the
restitution. The department of corrections shall promptly send the
deducted money to the court or to the crime victim as provided in
the order of restitution when it accumulates to an amount that
exceeds $100.00, or when the juvenile is paroled, transferred to
community programs, or discharged on the maximum sentence.
(2) If a juvenile who has been sentenced to jail is ordered to
pay restitution under section 44, and if the juvenile receives more
than
$50.00 in a month, the sheriff shall may
deduct 50% of the
amount over $50.00 received by the juvenile for payment of the
restitution, and 5% of the amount over $50.00 received by the
juvenile to be retained by the sheriff as an administrative fee.
The
sheriff shall promptly send the deducted money deducted for
restitution to the court or to the crime victim as provided in the
order of restitution when it accumulates to an amount that exceeds
$100.00, or when the juvenile is released to probation or
discharged on the maximum sentence.
(3) If a juvenile who has been placed in a juvenile facility
is ordered to pay restitution under section 44, and if the juvenile
receives more than $50.00 in a month, the department of human
services
or the county juvenile agency, as applicable, shall may
deduct 50% of the amount over $50.00 received by the juvenile for
payment of the restitution. The department of human services or the
county juvenile agency, as applicable, shall promptly send the
deducted money to the court or to the crime victim as provided in
the order of restitution when it accumulates to an amount that
exceeds $100.00, or when the juvenile is released from the juvenile
facility.
(4) The department of corrections, sheriff, department of
human services, or county juvenile agency, as applicable, shall
notify the juvenile and the court in writing of all deductions and
payments made under this section. The requirements of this section
remain in effect until all of the restitution has been paid. The
department of corrections, sheriff, department of human services,
or county juvenile agency shall not enter into any agreement with a
juvenile that modifies the requirements of this section. An
agreement in violation of this subsection is void.
Sec. 61. (1) Except as otherwise defined in this article, as
used in this article:
(a) "Serious misdemeanor" means 1 or more of the following:
(i) A violation of section 81 of the Michigan penal code, 1931
PA 328, MCL 750.81, assault and battery, including domestic
violence.
(ii) A violation of section 81a of the Michigan penal code,
1931 PA 328, MCL 750.81a, assault; infliction of serious injury,
including aggravated domestic violence.
(iii) A violation of section 115 of the Michigan penal code,
1931 PA 328, MCL 750.115, breaking and entering or illegal entry.
(iv) A violation of section 136b(6) of the Michigan penal code,
1931 PA 328, MCL 750.136b, child abuse in the fourth degree.
(v) A violation of section 145 of the Michigan penal code,
1931 PA 328, MCL 750.145, contributing to the neglect or
delinquency of a minor.
(vi) A violation of section 145a of the Michigan penal
code,
1931
PA 328, MCL 750.145a, enticing a child for immoral purposes.
(vi) (vii) A misdemeanor violation of section 145d of the
Michigan penal code, 1931 PA 328, MCL 750.145d, using the internet
or a computer to make a prohibited communication.
(vii) (viii) A violation of section 233 of the Michigan penal
code, 1931 PA 238, MCL 750.233, intentionally aiming a firearm
without malice.
(viii) (ix) A violation of section 234 of the Michigan
penal
code, 1931 PA 328, MCL 750.234, discharge of a firearm
intentionally aimed at a person.
(ix) (x) A violation of section 235 of the Michigan
penal
code, 1931 PA 328, MCL 750.235, discharge of an intentionally aimed
firearm resulting in injury.
(x) (xi) A violation of section 335a of the Michigan
penal
code, 1931 PA 328, MCL 750.335a, indecent exposure.
(xi) (xii) A violation of section 411h of the Michigan penal
code, 1931 PA 328, MCL 750.411h, stalking.
(xii) (xiii) A violation of section 601b(2) of the Michigan
vehicle code, 1949 PA 300, MCL 257.601b, injuring a worker in a
work zone.
(xiii) (xiv) A violation of section 617a of the Michigan
vehicle code, 1949 PA 300, MCL 257.617a, leaving the scene of a
personal injury accident.
(xiv) (xv) A violation of section 625 of the Michigan vehicle
code, 1949 PA 300, MCL 257.625, operating a vehicle while under the
influence of or impaired by intoxicating liquor or a controlled
substance, or with an unlawful blood alcohol content, if the
violation involves an accident resulting in damage to another
individual's property or physical injury or death to another
individual.
(xv) (xvi) Selling or furnishing alcoholic liquor to an
individual less than 21 years of age in violation of section 701 of
the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1701,
if the violation results in physical injury or death to any
individual.
(xvi) (xvii) A violation of section 80176(1) or (3) of the
natural resources and environmental protection act, 1994 PA 451,
MCL 324.80176, operating a vessel while under the influence of or
impaired by intoxicating liquor or a controlled substance, or with
an unlawful blood alcohol content, if the violation involves an
accident resulting in damage to another individual's property or
physical injury or death to any individual.
(xvii) (xviii) A violation of a local ordinance substantially
corresponding to a violation enumerated in subparagraphs (i) to
(xvii) (xvi).
(xviii) (xix) A violation charged as a crime or serious
misdemeanor
enumerated in subparagraphs (i) to (xviii) (xvii) but
subsequently reduced to or pleaded to as a misdemeanor. As used in
this subparagraph, "crime" means that term as defined in section 2.
(b) "Defendant" means a person charged with or convicted of
having committed a serious misdemeanor against a victim.
(c) "Final disposition" means the ultimate termination of the
criminal prosecution of a defendant including, but not limited to,
dismissal, acquittal, or imposition of a sentence by the court.
(d) "Person" means an individual, organization, partnership,
corporation, or governmental entity.
(e) "Prisoner" means a person who has been convicted and
sentenced to imprisonment for having committed a serious
misdemeanor against a victim.
(f) "Prosecuting attorney" means the prosecuting attorney for
a county, an assistant prosecuting attorney for a county, the
attorney general, the deputy attorney general, an assistant
attorney general, a special prosecuting attorney, or, in connection
with the prosecution of an ordinance violation, an attorney for the
political subdivision that enacted the ordinance upon which the
violation is based.
(g) "Victim" means any of the following:
(i) An individual who suffers direct or threatened physical,
financial, or emotional harm as a result of the commission of a
serious misdemeanor, except as provided in subparagraph (ii), (iii),
or (iv).
(ii) The following individuals other than the defendant if the
victim is deceased:
(A) The spouse of the deceased victim.
(B) A child of the deceased victim if the child is 18 years of
age or older and sub-subparagraph (A) does not apply.
(C) A parent of a deceased victim if sub-subparagraphs (A) and
(B) do not apply.
(D) The guardian or custodian of a child of a deceased victim
if the child is less than 18 years of age and sub-subparagraphs (A)
to (C) do not apply.
(E) A sibling of the deceased victim if sub-subparagraphs (A)
to (D) do not apply.
(F) A grandparent of the deceased victim if sub-subparagraphs
(A) to (E) do not apply.
(iii) A parent, guardian, or custodian of a victim who is less
than 18 years of age and who is neither the defendant nor
incarcerated, if the parent, guardian, or custodian so chooses.
(iv) A parent, guardian, or custodian of a victim who is so
mentally incapacitated that he or she cannot meaningfully
understand or participate in the legal process if he or she is not
the defendant and is not incarcerated.
(2) If a victim as defined in subsection (1)(g)(i) is
physically or emotionally unable to exercise the privileges and
rights under this article, the victim may designate his or her
spouse, child 18 years of age or older, parent, sibling, or
grandparent or any other person 18 years of age or older who is
neither the defendant nor incarcerated to act in his or her place
while the physical or emotional disability continues. The victim
shall provide the prosecuting attorney with the name of the person
who is to act in place of the victim. During the physical or
emotional disability, notices to be provided under this article to
the victim shall continue to be sent only to the victim.
(3) An individual who is charged with a serious misdemeanor, a
crime as defined in section 2, or an offense as defined in section
31 arising out of the same transaction from which the charge
against the defendant arose is not eligible to exercise the
privileges and rights established for victims under this article.
(4) An individual who is incarcerated is not eligible to
exercise the privileges and rights established for victims under
this article except that he or she may submit a written statement
to the court for consideration at sentencing.
Sec. 61b. The duty under this chapter and under section 24 of
article I of the state constitution of 1963 of a court, the
department of corrections, the department of human services, a
county sheriff, or a prosecuting attorney to provide a notice to a
victim also applies if the case against the defendant is resolved
by assignment of the defendant to trainee status, by a delayed
sentence or deferred judgment of guilt, or in another way that is
not an acquittal or unconditional dismissal. In performing a duty
under this chapter or under section 24 of article I of the state
constitution of 1963, the court, department of corrections,
department of human services, county sheriff, or prosecuting
attorney may furnish information or records to the victim that
would otherwise be closed to public inspection, including
information or records described in section 14 of chapter II of the
code of criminal procedure, 1927 PA 175, MCL 762.14.
Sec. 76a. (1) If a person is subject to any combination of
fines, costs, restitution, assessments, probation or parole
supervision fees, or other payments arising out of the same
criminal proceeding, money collected from that person for the
payment of fines, costs, restitution, assessments, probation or
parole supervision fees, or other payments ordered to be paid in
that proceeding shall be allocated as provided in this section. If
a person is subject to fines, costs, restitution, assessments,
probation or parole supervision fees, or other payments in more
than 1 proceeding in a court and if a person making a payment on
the fines, costs, restitution, assessments, probation or parole
supervision fees, or other payments does not indicate the
proceeding for which the payment is made, the court shall first
apply the money paid to a proceeding in which there is unpaid
restitution to be allocated as provided in this section.
(2) Except as otherwise provided in this subsection, if a
person is subject to payment of victim payments and any combination
of other fines, costs, assessments, probation or parole supervision
fees, or other payments, 50% of each payment collected by the court
from that person shall be applied to payment of victim payments,
and the balance shall be applied to payment of fines, costs,
supervision fees, and other assessments or payments. If a person
making a payment indicates that the payment is to be applied to
victim payments, or if the payment is received as a result of a
wage assignment under section 76 or from the sheriff under section
80a, the payment shall first be applied to victim payments. If any
fines, costs, supervision fees, or other assessments or payments
remain unpaid after all of the victim payments have been paid, any
additional money collected shall be applied to payment of those
fines, costs, supervision fees, or other assessments or payments.
If any victim payments remain unpaid after all of the fines, costs,
supervision fees, or other assessments or payments have been paid,
any
additional money collected shall be applied toward to payment
of those victim payments.
(3) In cases involving prosecutions for violations of state
law, money allocated under subsection (2) for payment of fines,
costs, probation and parole supervision fees, and assessments or
payments other than victim payments shall be applied in the
following order of priority:
(a) Payment of the minimum state cost prescribed by section 1j
of chapter IX of the code of criminal procedure, 1927 PA 175, MCL
769.1j.
(b) Payment of other costs.
(c) Payment of fines.
(d) Payment of probation or parole supervision fees.
(e) Payment of assessments and other payments, including
reimbursement to third parties who reimbursed a victim for his or
her loss.
(4) In cases involving prosecutions for violations of local
ordinances, money allocated under subsection (2) for payment of
fines, costs, and assessments or payments other than victim
payments shall be applied in the following order of priority:
(a) Payment of the minimum state cost prescribed by section 1j
of chapter IX of the code of criminal procedure, 1927 PA 175, MCL
769.1j.
(b) Payment of fines and other costs.
(c) Payment of assessments and other payments.
(5) As used in this section, "victim payment" means
restitution ordered to be paid to the victim or the victim's
estate, but not to a person who reimbursed the victim for his or
her loss; or an assessment ordered under section 5 of 1989 PA 196,
MCL 780.905.
Sec. 77b. If a defendant is sentenced to probation with a
condition for the protection of the victim and if requested by the
victim, the court shall notify the victim by mail if the court
orders that the probation be terminated earlier than previously
ordered.
Sec. 78a. (1) Upon the written request of a victim of a
serious misdemeanor, the sheriff shall mail to the victim the
following, as applicable, about a prisoner who has been sentenced
to imprisonment under the jurisdiction of the sheriff for
commission of that serious misdemeanor:
(a) Within 30 days after the request, notice of the sheriff's
calculation of the earliest release date of the prisoner, with all
potential good time or disciplinary credits considered if the
sentence of imprisonment exceeds 90 days. The victim may request 1-
time only notice of the calculation described in this subdivision.
(b) Notice that a prisoner has had his or her name legally
changed while imprisoned in the county jail or within 2 years of
release from the county jail.
(c) Notice that the prisoner has been placed on day parole or
work release.
(2) When a defendant is sentenced to probation or a term of
imprisonment, the prosecuting attorney shall provide the victim
with a form the victim may submit to receive the notices provided
for under this section or section 77b or 78b. The form shall
include the address of the court, prosecuting attorney, or
sheriff's department, as applicable, to which the form may be sent.
Sec. 80a. (1) If a defendant who has been sentenced to jail is
ordered to pay restitution under section 76, and if the defendant
receives
more than $50.00 in a month, the sheriff shall may
deduct 50% of the amount over $50.00 received by the defendant for
payment of the restitution, and 5% of the amount over $50.00
received by the defendant to be retained by the sheriff as an
administrative
fee. The sheriff shall promptly send
the deducted
money deducted for restitution to the court or to the crime victim
as provided in the order of restitution when it accumulates to an
amount that exceeds $100.00, or when the defendant is released to
probation or discharged on the maximum sentence.
(2) The sheriff shall notify the defendant and the court in
writing of all deductions and payments made under this section. The
requirements of this section remain in effect until all of the
restitution has been paid. The sheriff shall not enter into any
agreement with a defendant that modifies the requirements of this
section. An agreement in violation of this subsection is void.