Michigan-2023-HB4655-Introduced

CHAPTER V

Sec. 6. (1) Except as otherwise provided by law, Unless section 15 of article I of the state constitution of 1963 applies,

a person accused of a criminal offense is entitled to release on personal recognizance or bail that is not excessive. The amount of bail shall not be excessive. The court in fixing the amount of the bail shall consider and make findings on the record as to each of the following:

(a) The seriousness of the offense charged.

(b) The protection of the public.

(d) The probability or improbability of the person accused appearing at the trial of the cause.

(2) If the court fixes a bail amount under subsection (1) and allows for the posting of a 10% deposit bond, the person accused may post bail by a surety bond in an amount equal to 1/4 of the full bail amount fixed under subsection (1) and executed by a surety approved by the court.

(3) If a person is arrested for an ordinance violation or a misdemeanor and if the defendant's operator's or chauffeur's license is not expired, suspended, revoked, or cancelled, the court may require the defendant, in place of other security for the defendant's appearance in court for trial or sentencing or, as a condition for release of the defendant on personal recognizance, to surrender to the court his or her operator's or chauffeur's license. The court shall issue to the defendant a receipt for the license, as provided in section 311a of the Michigan vehicle code, 1949 PA 300, MCL 257.311a. If the trial date is set at the arraignment, the court shall specify on the receipt the date on which the defendant is required to appear for trial. If a trial date is not set at the arraignment, the court shall specify on the

receipt a date on which the receipt expires. By written notice the court may extend the expiration date of the receipt, as needed, to secure the defendant's appearance for trial and sentencing. The written notice shall instruct the person to whom the receipt was issued to attach the notice to the receipt. Upon its attachment to the receipt, the written notice shall be considered a part of the receipt for purposes of determining the expiration date. At the conclusion of the trial or imposition of sentence, as applicable, the court shall return the license to the defendant unless other disposition of the license is authorized by law.

(2) In making any pretrial release decision, the court shall make a determination on the record as to whether a defendant poses a clear and convincing risk of any of the following:

(a) Nonappearance.

(b) Absconding.

(3) The court must base its determination of risk under subsection (2) on the specific facts and circumstances applicable to the particular defendant, and shall consider the following factors:

(a) The nature, seriousness, and circumstances of the alleged offense.

(b) The threat to the community, including any victims or witnesses.

(d) The defendant's criminal history, including any history of nonappearance or absconding within the previous 2 years, and the

defendant's adult criminal history.

(e) Any juvenile adjudications that are substantially similar to the current charges that occurred within the previous 3 years.

(f) Whether the defendant has another pending criminal charge or is under criminal justice supervision, including probation or parole.

(g) Any other relevant information, including information provided by the defendant, prosecutor, victim, or a pretrial services agency.

(h) The defendant's place and length of residence, community ties, and employment and education commitments, but only as mitigating factors that support release.

(4) According to the court's determination of risks described under subsection (2), the court shall enter 1 of the following orders:

(a) Personal recognizance bond with standard conditions. If the court does not find any of the risks described under subsection (2), or determines that any risk found can be mitigated by imposing standard conditions of release, the defendant must be released on a personal recognizance bond with standard conditions. Standard conditions under this section are limited to the following:

(i) The defendant shall appear as required.

(ii) Except as otherwise provided in this subparagraph, if the defendant is a resident of this state, the defendant shall not change residence from this state without the permission of the court. This condition may be waived by the court.

(iii) The defendant shall not engage in any illegal activity while released.

(iv) The defendant shall immediately notify the court, in

writing, of any change of address or telephone number.

(v) The defendant shall not travel out of state without permission of the court.

(b) Release with nonmonetary conditions beyond the standard conditions. If the court finds any of the risks described under subsection (2) apply, the court must impose the least restrictive nonmonetary condition or conditions of release that reasonably address the risk, subject to section 6b of this chapter.

(c) Release with secured money bond as provided under this subdivision. Notwithstanding the court's discretion to deny bail under section 15 of article I of the state constitution of 1963, if the court finds any risk as under subsection (2)(b) or (c) applies, the court determines that no combination of nonmonetary conditions of release will reasonably address the risk, and if any of the following circumstances apply, the court may require secured money bond:

(i) The defendant is charged with an assaultive crime.

(ii) The defendant is charged with a listed offense.

(iii) The defendant is charged with a serious misdemeanor.

(iv) The defendant is charged with a violation of section 625 of the Michigan vehicle code, 1949 PA 300, MCL 257.625, or a local ordinance substantially corresponding to section 625 of the Michigan vehicle code, 1949 PA 300, MCL 257.625.

(v) The defendant is charged with a felony not otherwise included under subparagraphs (i) to (iv) that is punishable by imprisonment for 5 or more years.

(vi) The defendant is arrested and charged with a new offense that involves harm to a person or property that is substantially similar to an offense for which the defendant is awaiting trial and

which was allegedly committed while the defendant was on pretrial release.

(vii) The defendant absconds in the present case while on any form of pretrial release.

(5) The court shall not set an amount of secured money bond based on a preestablished bail schedule, such as a schedule of bond amounts fixed according to the nature of the charge.

(6) Except for circumstances described under subsection (4)(c), the court shall not require a defendant to pay money to be released from custody pretrial.

(7) If the court sets secured money bond under subsection (4)(c), the court shall conduct an inquiry into the defendant's ability to pay as provided under section 6a of this chapter.

(8) Each defendant released under this section must receive automated text or mail reminders for required court appearances from the court or the applicable pretrial services agency. The court shall ask every defendant to provide a telephone number at which the defendant can receive text messages. Text message reminders must be sent to the number provided by the defendant unless the defendant informs the court that the defendant does not wish to receive text message reminders, in which case the defendant must be sent mail reminders instead.

(9) As used in this section:

(a) "Abscond" means failure to appear with the willful intent to avoid or delay adjudication. There is a rebuttable presumption of absconding if more than 30 days have elapsed from the date of the defendant's missed court appearance and the defendant has failed to appear.

(b) "Assaultive crime" includes any of the following:

(i) A violation described in section 9a of chapter X.

(ii) A violation of chapter XI of the Michigan penal code, 1931 PA 328, MCL 750.81 to 750.90h, not otherwise included in subparagraph (i).

(iii) A violation of section 110a, 136b, 234a, 234b, 234c, 349b, or 411h of the Michigan penal code, 1931 PA 328, MCL 750.110a, 750.136b, 750.234a, 750.234b, 750.234c, 750.349b, and 750.411h, or any other violent felony.

(c) "Clear and convincing" means that the evidence is highly and substantially more likely to be true than untrue. This standard of proof requires that the fact finder must be convinced that the contention is highly probable. Clear and convincing evidence may be established by any of the following:

(i) Established past conduct.

(ii) Testimony, including hearsay testimony, from a reliable witness.

(iii) Review of police reports, witness statements, criminal history information, or any other documentation in court records.

(d) "Harm to the community at large" means that clear and convincing evidence demonstrates that the defendant's conduct would likely result in personal harm to another person, even if that person cannot be specifically identified.

(e) "Listed offense" means that term as defined in section 2 of the sex offenders registration act, 1994 PA 295, MCL 28.722.

(f) "Nonappearance" means a failure to appear without the intent to avoid or delay adjudication.

(g) "Personal harm" means bodily injury or emotional distress as that term is defined in section 411h of the Michigan penal code, MCL 750.411h, that can be specifically articulated on the record.

(h) "Serious misdemeanor" means that term as defined in section 61 of the William Van Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.811.

(i) "Violent felony" means a felony, an element of which involves a violent act or threat of a violent act against any other person.

Sec. 6a. (1) Before granting an application for bail, a court shall require a cash bond or a surety other than the applicant if the applicant

(1) Is charged with a crime alleged to have occurred while on bail pursuant to a bond personally executed by him; or

(2) Has been twice convicted of a felony within the preceding 5 years.setting a monetary or nonmonetary condition of bond under section 6 of this chapter, the court must determine ability to pay using financial information provided by the defendant on a financial disclosure form. The court shall not detain a defendant solely due to an inability to pay. The court should not detain any defendant because of the unavailability of nonmonetary conditions.

(2) The court or holding facility shall provide a financial disclosure form, developed by the state court administrative office, to each defendant before arraignment for use by the court at the defendant's arraignment. At or before arraignment, the court shall provide a copy of the completed form to the prosecuting attorney and defense counsel in the case. The court shall not draw any adverse inference against a defendant, if a defendant is incapable of answering every question on the financial information form, particularly while the defendant is incarcerated. A defendant may refuse to fill out the financial information form in its entirety. If the defendant refuses to fill out a financial

information form, the court is not required to conduct an ability to pay inquiry under this section. The form must contain the following language or substantially similar language displayed in a prominent position:

"Warning: You may be required to affirm the accuracy of this form under oath at your arraignment. Filing an intentionally inaccurate statement of finances may result in perjury charges or action for contempt of court. By signing this form, you authorize anyone possessing any information or records pertaining to your personal finances or income to provide such information to the courts.".

(3) If the court determines that the information provided by the defendant on the form is not reliable, it shall do both of the following:

(a) By inquiry, allow the defendant to correct the information immediately on the record without penalty.

(b) State on the record if it is not using the information provided, and its basis to reject the reliability of the information.

(4) The inquiry required under this section must allow the prosecutor of the case, defense counsel, and defendant an opportunity to provide the court information pertinent to the defendant's ability to pay bail.

(5) The information that is admissible under this section may be provided to the court by proffer and may include statements by individuals other than the defendant.

(6) The court, in determining ability to pay, may consider all of the following:

(a) All personal financial resources available to the

defendant within 24 hours from any lawful personal sources.

(b) Any debts, financial obligations, or dependents.

(c) The defendant's basic living expenses, including, but not limited to, food, shelter, clothing, transportation expenses, necessary medical expenses, or child support.

(d) Any other special circumstances that may have bearing on the defendant's ability to pay.

(7) All information offered to the court under this section is admissible for the purposes of a hearing conducted under this section if it is relevant and reliable, without regard to whether it would be otherwise admissible under the rules of evidence of this state.

(8) Any statements made by a defendant under this section are admissible at a future proceeding for the purposes of impeachment but are not admissible for the purposes of proving the defendant's guilt.

(9) A defendant who knowingly misrepresents the defendant's financial status on the financial disclosure form may be found in contempt of court and may be punished as provided in section 1715 of the revised judicature act of 1961, 1961 PA 236, MCL 600.1715.

Sec. 6g. (1) Each district and circuit court of this state shall submit a quarterly report to the state court administrative office that provides data on every bond decision issued by the court for the previous quarter. The report required under this section must include the following information for each bond decision:

(a) Type of bond, including personal recognizance with standard conditions, nonmonetary conditions beyond the standard conditions, money bail with a 10% deposit bond or a cash bond for

the full bail amount set by the court, or denial of bond.

(b) Whether the defendant was detained or released.

(c) For bonds that included money bail, amount of money bail requested.

(d) Judge or magistrate issuing the bond.

(e) Charge on which the defendant was released or detained.

(f) Demographic characteristics of the defendant released or detained.

(g) Any failures to appear in court after release on bond.

(h) Any rearrests during the pretrial period, including any rearrests for an assaultive crime.

(i) Any significant liberty restraints imposed.

(2) The supreme court may promulgate court rules regarding additional requirements for the type and format of data that are required to be submitted to the state court administrative office under this section.

Enacting section 1. This amendatory act takes effect January 1, 2025.

Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 102nd Legislature are enacted into law:

(a) Senate Bill No.____ or House Bill No. 4660 (request no. 00502'23 a).

(b) Senate Bill No.____ or House Bill No. 4659 (request no. 01606'23).