Bill Text: MI HB5260 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Corrections; other; entering probation orders by department of corrections; revise procedure. Amends sec. 3, ch. XI of 1927 PA 175 (MCL 771.3).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-24 - Printed Bill Filed 01/20/2012 [HB5260 Detail]

Download: Michigan-2011-HB5260-Introduced.html

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HOUSE BILL No. 5260

 

January 19, 2012, Introduced by Rep. LeBlanc and referred to the Committee on Judiciary.

 

     A bill to amend 1927 PA 175, entitled

 

"The code of criminal procedure,"

 

by amending section 3 of chapter XI (MCL 771.3), as amended by 2006

 

PA 655.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

CHAPTER XI

 

     Sec. 3. (1) The sentence of probation shall include all of the

 

following conditions:

 

     (a) During the term of his or her probation, the probationer

 

shall not violate any criminal law of this state, the United

 

States, or another state or any ordinance of any municipality in

 

this state or another state.

 

     (b) During the term of his or her probation, the probationer

 

shall not leave the state without the consent of the court granting

 

his or her application for probation.

 

     (c) The probationer shall report to the probation officer,

 

either in person or in writing, monthly or as often as the

 

probation officer requires. This subdivision does not apply to a

 

juvenile placed on probation and committed under section 1(3) or

 

(4) of chapter IX to an institution or agency described in the

 

youth rehabilitation services act, 1974 PA 150, MCL 803.301 to

 

803.309.

 

     (d) If sentenced in circuit court, the probationer shall pay a

 

probation supervision fee as prescribed in section 3c of this

 

chapter.

 

     (e) The probationer shall pay restitution to the victim of the

 

defendant's course of conduct giving rise to the conviction or to

 

the victim's estate as provided in chapter IX. An order for payment

 

of restitution may be modified and shall be enforced as provided in

 

chapter IX.

 

     (f) The probationer shall pay an assessment ordered under

 

section 5 of 1989 PA 196, MCL 780.905.

 

     (g) The probationer shall pay the minimum state cost

 

prescribed by section 1j of chapter IX.

 

     (h) If the probationer is required to be registered under the

 

sex offenders registration act, 1994 PA 295, MCL 28.721 to 28.736,

 

the probationer shall comply with that act.

 

     (2) As a condition of probation, the court may require the

 

probationer to do 1 or more of the following:

 

     (a) Be imprisoned in the county jail for not more than 12

 

months, at the time or intervals, which may be consecutive or

 

nonconsecutive, within the probation as the court determines.

 

However, the period of confinement shall not exceed the maximum

 

period of imprisonment provided for the offense charged if the

 

maximum period is less than 12 months. The court may permit day

 

parole as authorized under 1962 PA 60, MCL 801.251 to 801.258. The

 

court may permit a work or school release from jail. This

 

subdivision does not apply to a juvenile placed on probation and

 

committed under section 1(3) or (4) of chapter IX to an institution

 

or agency described in the youth rehabilitation services act, 1974

 

PA 150, MCL 803.301 to 803.309.

 

     (b) Pay immediately or within the period of his or her

 

probation a fine imposed when placed on probation.

 

     (c) Pay costs pursuant to under subsection (5).

 

     (d) Pay any assessment ordered by the court other than an

 

assessment described in subsection (1)(f).

 

     (e) Engage in community service.

 

     (f) Agree to pay by wage assignment any restitution,

 

assessment, fine, or cost imposed by the court.

 

     (g) Participate in inpatient or outpatient drug treatment or,

 

beginning January 1, 2005, participate in a drug treatment court

 

under chapter 10A of the revised judicature act of 1961, 1961 PA

 

236, MCL 600.1060 to 600.1082.

 

     (h) Participate in mental health treatment.

 

     (i) Participate in mental health or substance abuse

 

counseling.

 

     (j) Participate in a community corrections program.

 

     (k) Be under house arrest.

 

     (l) Be subject to electronic monitoring.

 

     (m) Participate in a residential probation program.

 

     (n) Satisfactorily complete a program of incarceration in a

 

special alternative incarceration unit as provided in section 3b of

 

this chapter.

 

     (o) Be subject to conditions reasonably necessary for the

 

protection of 1 or more named persons.

 

     (p) Reimburse the county for expenses incurred by the county

 

in connection with the conviction for which probation was ordered

 

as provided in the prisoner reimbursement to the county act, 1984

 

PA 118, MCL 801.81 to 801.93.

 

     (q) Complete his or her high school education or obtain the

 

equivalency of a high school education in the form of a general

 

education development (GED) certificate.

 

     (3) The court may impose other lawful conditions of probation

 

as the circumstances of the case require or warrant or as in its

 

judgment are proper.

 

     (4) If an order or amended order of probation contains a

 

condition for the protection of 1 or more named persons as provided

 

in subsection (2)(o), the The court or a law enforcement criminal

 

justice agency within the court's jurisdiction designated by the

 

court shall immediately enter the order or each probation order,

 

including all available information pertaining to the probation

 

order, and each amended probation order into the law enforcement

 

information network. If the court rescinds the order or amended

 

order, or the condition, the court or designated criminal justice

 

agency shall immediately remove the order or amended order or the

 

condition from the law enforcement information network. or notify

 

that law enforcement agency and the law enforcement agency shall

 

remove the order or amended order or the condition from the law

 

enforcement information network. The department of corrections may

 

comply with this subsection by entering all probation orders in

 

another computer system as long as that computer system provides

 

access to the information by means of real-time queries through the

 

law enforcement information network.

 

     (5) If the court requires the probationer to pay costs under

 

subsection (2), the costs shall be limited to expenses specifically

 

incurred in prosecuting the defendant or providing legal assistance

 

to the defendant and supervision of the probationer.

 

     (6) If the court imposes costs under subsection (2) as part of

 

a sentence of probation, all of the following apply:

 

     (a) The court shall not require a probationer to pay costs

 

under subsection (2) unless the probationer is or will be able to

 

pay them during the term of probation. In determining the amount

 

and method of payment of costs under subsection (2), the court

 

shall take into account the probationer's financial resources and

 

the nature of the burden that payment of costs will impose, with

 

due regard to his or her other obligations.

 

     (b) A probationer who is required to pay costs under

 

subsection (1)(g) or (2)(c) and who is not in willful default of

 

the payment of the costs may petition the sentencing judge or his

 

or her successor at any time for a remission of the payment of any

 

unpaid portion of those costs. If the court determines that payment

 

of the amount due will impose a manifest hardship on the

 

probationer or his or her immediate family, the court may remit all

 

or part of the amount due in costs or modify the method of payment.

 

     (7) If a probationer is required to pay costs as part of a

 

sentence of probation, the court may require payment to be made

 

immediately or the court may provide for payment to be made within

 

a specified period of time or in specified installments.

 

     (8) If a probationer is ordered to pay costs as part of a

 

sentence of probation, compliance with that order shall be a

 

condition of probation. The court may revoke probation if the

 

probationer fails to comply with the order and if the probationer

 

has not made a good faith effort to comply with the order. In

 

determining whether to revoke probation, the court shall consider

 

the probationer's employment status, earning ability, and financial

 

resources, the willfulness of the probationer's failure to pay, and

 

any other special circumstances that may have a bearing on the

 

probationer's ability to pay. The proceedings provided for in this

 

subsection are in addition to those provided in section 4 of this

 

chapter.

 

     (9) If entry of judgment is deferred in the circuit court, the

 

court shall require the individual to pay a supervision fee in the

 

same manner as is prescribed for a delayed sentence under section

 

1(3) of this chapter, shall require the individual to pay the

 

minimum state costs prescribed by section 1j of chapter IX, and may

 

impose, as applicable, the conditions of probation described in

 

subsections (1), (2), and (3).

 

     (10) If sentencing is delayed or entry of judgment is deferred

 

in the district court or in a municipal court, the court shall

 

require the individual to pay the minimum state costs prescribed by

 

section 1j of chapter IX and may impose, as applicable, the

 

conditions of probation described in subsections (1), (2), and (3).