Bill Text: MI HB4115 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Criminal procedure; sentencing; certain records necessary to obtain identification documents; assist convicted persons in obtaining. Amends sec. 14, ch. XI of 1927 PA 175 (MCL 771.14). TIE BAR WITH: HB 4112'09, HB 4113'09, HB 4114'09
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2009-01-27 - Printed Bill Filed 01/23/2009 [HB4115 Detail]
Download: Michigan-2009-HB4115-Introduced.html
HOUSE BILL No. 4115
January 22, 2009, Introduced by Rep. Lori and referred to the Committee on Judiciary.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 14 of chapter XI (MCL 771.14), as amended by
2000 PA 279.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER XI
Sec. 14. (1) Before the court sentences a person charged with
a felony or a person who is a licensee or registrant under article
15 of the public health code, 1978 PA 368, MCL 333.16101 to
333.18838,
as described in section 1(11) 1(14)
of chapter IX, and,
if directed by the court, in any other case in which a person is
charged with a misdemeanor within the jurisdiction of the court,
the probation officer shall inquire into the antecedents,
character, and circumstances of the person, and shall report in
writing to the court.
(2) A presentence investigation report prepared under
subsection (1) shall include all of the following:
(a) An evaluation of and a prognosis for the person's
adjustment in the community based on factual information contained
in the report.
(b) If requested by a victim, any written impact statement
submitted by the victim under the William Van Regenmorter crime
victim's rights act, 1985 PA 87, MCL 780.751 to 780.834.
(c) A specific written recommendation for disposition based on
the evaluation and other information as prescribed by the assistant
director of the department of corrections in charge of probation.
(d) A statement prepared by the prosecuting attorney as to
whether consecutive sentencing is required or authorized by law.
(e) For a person to be sentenced under the sentencing
guidelines set forth in chapter XVII, all of the following:
(i) For each conviction for which a consecutive sentence is
authorized or required, the sentence grid in part 6 of chapter XVII
that contains the recommended minimum sentence range.
(ii) Unless otherwise provided in subparagraph (i), for each
crime having the highest crime class, the sentence grid in part 6
of chapter XVII that contains the recommended minimum sentence
range.
(iii) Unless otherwise provided in subparagraph (i), the
computation that determines the recommended minimum sentence range
for the crime having the highest crime class.
(iv) A specific statement as to the applicability of
intermediate sanctions, as defined in section 31 of chapter IX.
(v) The recommended sentence.
(f) If a person is to be sentenced for a felony or for a
misdemeanor involving the illegal delivery, possession, or use of
alcohol or a controlled substance, a statement that the person is
licensed or registered under article 15 of the public health code,
1978 PA 368, MCL 333.16101 to 333.18838, if applicable.
(g) Diagnostic opinions that are available and not exempted
from disclosure under subsection (3).
(h) A statement as to whether the person has provided the
identification documents referenced in subsection (8)(b).
(3) The court may exempt from disclosure in the presentence
investigation report information or a diagnostic opinion that might
seriously disrupt a program of rehabilitation or sources of
information obtained on a promise of confidentiality. If a part of
the presentence investigation report is not disclosed, the court
shall state on the record the reasons for its action and inform the
defendant and his or her attorney that information has not been
disclosed. The action of the court in exempting information from
disclosure is subject to appellate review. Information or a
diagnostic opinion exempted from disclosure pursuant to this
subsection shall be specifically noted in the presentence
investigation report.
(4) If a prepared presentence investigation report is amended
or altered before sentencing by the supervisor of the probation
officer who prepared the report or by any other person who has the
authority to amend or alter a presentence investigation report, the
probation officer may request that the court strike his or her name
from the report and the court shall comply with that request.
(5) The court shall permit the prosecutor, the defendant's
attorney, and the defendant to review the presentence investigation
report before sentencing.
(6) At the time of sentencing, either party may challenge, on
the record, the accuracy or relevancy of any information contained
in the presentence investigation report. The court may order an
adjournment to permit the parties to prepare a challenge or a
response to a challenge. If the court finds on the record that the
challenged information is inaccurate or irrelevant, that finding
shall be made a part of the record, the presentence investigation
report shall be amended, and the inaccurate or irrelevant
information shall be stricken accordingly before the report is
transmitted to the department of corrections.
(7) On appeal, the defendant's attorney, or the defendant if
proceeding pro se, shall be provided with a copy of the presentence
investigation report and any attachments to the report with the
exception of any information exempted from disclosure by the court
under subsection (3).
(8)
If the person is committed to a state penal institution, a
correctional facility, both of the following apply:
(a) A copy or amended copy of the presentence investigation
report and, if a psychiatric examination of the person has been
made for the court, a copy of the psychiatric report shall
accompany the commitment papers.
(b) The person shall be provided a written form that provides
an explanation of the importance of obtaining an operator's license
or state personal identification card upon release from
incarceration and lists the personal identification documents
described in section 34b of the corrections code of 1953, 1953 PA
232, MCL 791.234b, necessary for obtaining an operator's license or
state personal identification card. The form also shall contain a
request that the person obtain and provide those documents to the
department of corrections. The form also shall state that the
department of corrections will retain in the file maintained for
the person any identification documents provided by the person
until he or she is released from secure confinement. Any
identification documents previously provided by the person shall
accompany the commitment papers.
(9) If the person is sentenced by fine or imprisonment or
placed on probation or other disposition of his or her case is made
by the court, a copy or amended copy of the presentence
investigation report, including a psychiatric examination report
made in the case, shall be filed with the department of
corrections.
(10) (9)
A prisoner under the jurisdiction
of the department
of corrections shall be provided with a copy of any presentence
investigation report in the department's possession about that
prisoner, except for information exempted from disclosure under
subsection (3), not less than 30 days before a parole interview is
conducted under section 35 of 1953 PA 232, MCL 791.235.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 95th Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 4112(request no.
00337'09).
(b) Senate Bill No.____ or House Bill No. 4113(request no.
00337'09 a).
(c) Senate Bill No.____ or House Bill No. 4114(request no.
00337'09 b).
