Bill Text: MI SB0013 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Criminal procedure; probation; penalties for probationers who commit technical probation violations; modify. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding sec. 4b to ch. XI.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2017-04-18 - Assigned Pa 0009'17 With Immediate Effect [SB0013 Detail]
Download: Michigan-2017-SB0013-Engrossed.html
SB-0013, As Passed House, March 8, 2017
HOUSE SUBSTITUTE FOR
SENATE BILL NO. 13
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
(MCL 760.1 to 777.69) by adding section 4b to chapter XI.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER XI
Sec. 4b. (1) Except as otherwise provided in this section,
beginning on January 1, 2018, a probationer who commits a technical
probation violation and is sentenced to temporary incarceration in
a state or local correctional or detention facility may be
incarcerated for a maximum of 30 days for each technical violation.
A probationer must not be given credit for any time served on a
previous technical violation. After a probationer serves the period
of temporary incarceration under this section, he or she may be
returned to probation under the terms of his or her original
probation order or under a new probation order at the discretion of
the court.
(2) The limit on temporary incarceration under subsection (1)
does not apply to a probationer who has committed 3 or more
technical probation violations during the course of his or her
probation.
(3) The court may extend the period of temporary incarceration
under subsection (1) to not more than 90 days if a probationer has
been ordered to attend a treatment program as part of his or her
probation but for which a treatment bed is not currently available;
however, the period of temporary incarceration imposed under
subsection (1) must not extend beyond 90 days.
(4) This section does not prohibit the court from revoking a
probationer's probation and sentencing the probationer under
section 4 for a probation violation, including, but not limited to,
a technical probation violation at any time during the course of
probation.
(5) If more than 1 technical probation violation arises out of
the same transaction, the court shall treat the technical probation
violations as a single technical probation violation for purposes
of this section.
(6) Subsection (1) does not apply to a probationer who is on
probation for a domestic violence violation of section 81 or 81a,
or a violation of section 411h or 411i of the Michigan penal code,
1931 PA 328, MCL 750.81, 750.81a, 750.411h, and 750.411i.
(7) As used in this section, "technical probation violation"
means a violation of the terms of a probationer's probation order
that is not a violation of an order of the court requiring that the
probationer have no contact with a named individual or that is not
a violation of a law of this state, a political subdivision of this
state, another state, or the United States or of tribal law, and
does not include the consumption of alcohol by a probationer who is
on probation for a felony violation of section 625 of the Michigan
vehicle code, 1949 PA 300, MCL 257.625.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
