Bill Text: MI SB0873 | 2015-2016 | 98th Legislature | Introduced

Michigan Senate Bill 873 (Prior Session Legislation)

Introduced

Bill Title: Crime victims; rights; definitions concerning restitution and crime victim notification in the William Van Regenmorter crime victim's rights act; modify. Amends secs. 16, 16a, 44, 44a, 45 & 76 of 1985 PA 87 (MCL 780.766 et seq.) & repeals secs. 16b & 80 of 1985 PA 87 (MCL 780.766b & 780.830). TIE BAR WITH: SB 0874'16, SB 0875'16, SB 0876'16, SB 0877'16

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2016-04-12 - Referred To Committee On Judiciary [SB0873 Detail]

Download: Michigan-2015-SB0873-Introduced.html

SENATE BILL No. 873

April 12, 2016, Introduced by Senators JONES, O'BRIEN, SCHUITMAKER and HORN 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 16, 16a, 44, 44a, 45, and 76 (MCL 780.766,

780.766a, 780.794, 780.794a, 780.795, and 780.826), sections 16,

44, and 76 as amended by 2013 PA 139, sections 16a and 44a as

amended by 2006 PA 461, and section 45 as amended by 1996 PA 562;

and to repeal acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 16. (1) As used in this section only, "victim" means an

individual who suffers direct or threatened physical, financial, or

emotional harm as a result of the ~~commission of a crime.~~

defendant's course of conduct. As used in subsections (2), (3),

~~(6), (8), (9),~~ (7), (9), (10), and ~~(13)~~ (14) only, victim includes

a sole proprietorship, partnership, corporation, association,

governmental entity, or any other legal entity that suffers direct

physical or financial harm as a result of ~~a crime.~~the defendant's

course of conduct.

(2) Except as provided in subsection ~~(8),~~ (9), when sentencing

a defendant convicted of a crime, the court shall order, in

addition to or in lieu of any other penalty authorized by law or in

addition to any other penalty required by law, that the defendant

make full restitution to any victim of the defendant's course of

conduct that ~~gives~~ gave rise to the conviction or to those entitled

to inherit the victim's estate. For an offense that is resolved by

assignment of the defendant to youthful trainee status, by a

delayed sentence or deferred judgment of guilt, or in another way

that is not an acquittal or unconditional dismissal, the court

shall order the restitution required under this section.

(3) If a crime results in damage to or loss or destruction of

property of a victim of the crime or results in the seizure or

impoundment of property of a victim of the crime, the order of

restitution shall require that the defendant do 1 or more of the

following, as applicable:

(a) Return the property to the owner of the property or to a

person designated by the owner.

(b) If damaged personal or real property can be repaired to

restore the property to its condition before the defendant's or

respondent's course of criminal conduct, pay an amount equal to the

repair cost. One or more repair estimates may be used as a basis

for restitution.

impossible, impractical, or inadequate, or if repair of the

property under subdivision (b) is impossible, impractical, or

inadequate, pay an amount equal to the greater of subparagraph (i)

or (ii), less the value, determined as of the date the property is

returned, of that property or any part of the property that is

returned:

(i) The fair market value of the property on the date of the

damage, loss, or destruction. However, if the fair market value of

the property cannot be determined or is impractical to ascertain,

then the replacement value of the property shall be utilized in

lieu of the fair market value.

(ii) The fair market value of the property on the date of

sentencing. However, if the fair market value of the property

cannot be determined or is impractical to ascertain, then the

replacement value of the property shall be utilized in lieu of the

fair market value.

(d) ~~(c)~~ Pay the costs of the seizure or impoundment, or both.

(4) If a crime results in physical or psychological injury to

a victim, the order of restitution shall require that the defendant

do 1 or more of the following, as applicable:

(a) Pay an amount equal to the reasonably determined cost of

medical and related professional services and devices actually

incurred and reasonably expected to be incurred relating to

physical and psychological care.

(b) Pay an amount equal to the reasonably determined cost of

physical and occupational therapy and rehabilitation actually

incurred and reasonably expected to be incurred.

victim's estate for after-tax income loss suffered by the victim as

a result of the crime.

(d) Pay an amount equal to the reasonably determined cost of

psychological and medical treatment for members of the victim's

family actually incurred and reasonably expected to be incurred as

a result of the crime.

(e) Pay an amount equal to the reasonably determined costs of

homemaking and child care expenses actually incurred and reasonably

expected to be incurred as a result of the crime or, if homemaking

or child care is provided without compensation by a relative,

friend, or any other person, an amount equal to the costs that

would reasonably be incurred as a result of the crime for that

homemaking and child care, based on the rates in the area for

comparable services.

(f) Pay an amount equal to the cost of actual funeral and

related services.

(g) If the deceased victim could be claimed as a dependent by

his or her parent or guardian on the parent's or guardian's

federal, state, or local income tax returns, pay an amount equal to

the loss of the tax deduction or tax credit. The amount of

reimbursement shall be estimated for each year the victim could

reasonably be claimed as a dependent.

(h) Pay an amount equal to income actually lost by the spouse,

parent, sibling, child, or grandparent of the victim because the

family member left his or her employment, temporarily or

permanently, to care for the victim because of the injury.

(5) If a crime resulting in bodily injury also results in the

death of a victim or serious impairment of a body function of a

victim, the court may order up to 3 times the amount of restitution

otherwise allowed under this section. As used in this subsection,

"serious impairment of a body function of a victim" includes, but

is not limited to, 1 or more of the following:

(a) Loss of a limb or use of a limb.

(b) Loss of a hand or foot or use of a hand or foot.

(d) Loss or substantial impairment of a bodily function.

(e) Serious visible disfigurement.

(f) A comatose state that lasts for more than 3 days.

(g) Measurable brain damage or mental impairment.

(h) A skull fracture or other serious bone fracture.

(i) Subdural hemorrhage or subdural hematoma.

(j) Loss of a body organ.

(6) When sentencing a defendant convicted of an offense

described in chapter LXVIIA of the Michigan penal code, 1931 PA

328, MCL 750.462a to 750.462h, the court shall order the defendant

to pay all of the following:

(a) Lost income, calculated by whichever of the following

methods results in the largest amount:

(i) The gross amount received by the defendant from or the

value to the defendant of the victim's labor or services.

(ii) The value of the victim's labor or services as calculated

under the workforce opportunity wage act, 2014 PA 138, MCL 408.411

to 408.424, or the federal minimum wage, whichever results in the

largest value.

(b) The cost of transportation, temporary housing, and child

care expenses incurred by the victim because of the offense.

victim because of the offense, including, but not limited to, costs

and expenses relating to assisting the investigation of the offense

and for attendance at related court proceedings as follows:

(i) Wages lost.

(ii) Child care.

(iii) Transportation.

(iv) Parking.

(d) Any other loss suffered by the victim as a proximate

result of the offense.

(7) ~~(6)~~ If ~~the~~ a victim ~~or victim's estate~~ consents or those

entitled to inherit the victim's estate consent, the order of

restitution may require that the defendant make restitution in

services in lieu of money.

(8) ~~(7)~~ If ~~the~~ a victim is deceased or dies, the court shall

order that the restitution or remaining restitution be made to

those entitled to inherit ~~from~~ the victim's estate.

(9) ~~(8)~~ The court shall order restitution to the crime victim

services commission or to any individuals, partnerships,

corporations, associations, governmental entities, or other legal

entities that have compensated ~~the~~ a victim or those entitled to

inherit the victim's estate for a loss incurred by the victim to

the extent of the compensation paid for that loss. The court shall

also order restitution for the costs of services provided to

persons or entities that have provided services to ~~the~~ a victim as

a result of the crime. Services that are subject to restitution

under this subsection include, but are not limited to, shelter,

food, clothing, and transportation. However, an order of

restitution shall require that all restitution to a victim or those

entitled to inherit the victim's estate under the order be made

before any restitution to any other person or entity under that

order is made. The court shall not order restitution to be paid to

a victim or to those entitled to inherit the victim's estate if the

victim has or those entitled to inherit the victim's estate ~~has~~

have received or is are to receive compensation for that loss, and

the court shall state on the record with specificity the reasons

for its action.

(10) ~~(9)~~ Any amount paid to a victim or those entitled to

inherit the victim's estate under an order of restitution shall be

set off against any identical amount later recovered as

compensatory damages by the victim or those entitled to inherit the

victim's estate in any federal or state civil proceeding and shall

reduce the amount payable to a victim or a those entitled to

inherit the victim's estate by an award from the crime victim

services commission made after an order of restitution under this

section.

(11) ~~(10)~~ If not otherwise provided by the court under this

subsection, restitution shall be made immediately. However, the

court may require that the defendant make restitution under this

section within a specified period or in specified installments.

(12) ~~(11)~~ If the defendant is placed on probation or paroled

or the court imposes a conditional sentence as provided in section

3 of chapter IX of the code of criminal procedure, 1927 PA 175, MCL

769.3, any restitution ordered under this section shall be a

condition of that probation, parole, or sentence. The court may

revoke probation or impose imprisonment under the conditional

sentence and the parole board may revoke parole if the defendant

~~fails to comply with the order and if the defendant~~ has not

complied or made a ~~good faith~~ good-faith effort to comply with the

order. In determining whether to revoke probation or parole or

impose imprisonment, the court or parole board shall consider the

defendant's employment status, earning ability, and financial

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

any other special circumstances that may have a bearing on the

defendant's ability to pay.

(13) ~~(12)~~ Subject to subsection ~~(18),~~ (19), a defendant who is

required to pay restitution and who is not in willful default of

the payment of the restitution may at any time petition the

sentencing judge or his or her successor to modify the method of

payment. If the court determines that payment under the order will

impose a manifest hardship on the defendant or his or her immediate

family, and if the court also determines that modifying the method

of payment will not impose a manifest hardship on the victim, the

court may modify the method of payment.

(14) ~~(13)~~ An order of restitution entered under this section

remains effective until it is satisfied in full. An order of

restitution is a judgment and lien against all property of the

defendant for the amount specified in the order of restitution. The

lien may be recorded as provided by law. An order of restitution

may be enforced by the prosecuting attorney, a victim, a those

entitled to inherit the victim's estate, or any other person or

entity named in the order to receive the restitution in the same

manner as a judgment in a civil action or a lien.

(15) ~~(14)~~ Notwithstanding any other provision of this section,

a defendant shall not be imprisoned, jailed, or incarcerated for a

violation of probation or parole or otherwise for failure to pay

restitution as ordered under this section unless the court or

parole board determines that the defendant has the resources to pay

the ordered restitution and has not made a ~~good faith~~ good-faith

effort to do so.

(16) ~~(15)~~ If the court determines that a juvenile is or will

be unable to pay all of the restitution ordered to be paid to a

person other than his or her parent, after notice to the juvenile's

parent or parents and an opportunity for the parent or parents to

be heard the court may order the parent or parents having

supervisory responsibility for the juvenile at the time of the acts

upon which an order of restitution is based to pay any portion of

the restitution ordered that is outstanding. An order under this

subsection does not relieve the juvenile of his or her obligation

to pay restitution as ordered, but the amount owed by the juvenile

shall be offset by any amount paid by his or her parent. As used in

this subsection:

(a) "Juvenile" means a person within the court's jurisdiction

under section 2d or 4 of chapter XIIA of the probate code of 1939,

1939 PA 288, MCL 712A.2d and 712A.4.

(b) "Parent" does not include a foster parent.

(17) ~~(16)~~ If the court orders a parent to pay restitution

under subsection ~~(15),~~ (16), the court shall take into account the

parent's financial resources and the burden that the payment of

restitution will impose, with due regard to any other moral or

legal financial obligations the parent may have. If a parent is

required to pay restitution under subsection ~~(15),~~ (16), the court

shall provide for payment to be made in specified installments and

within a specified period of time.

(18) ~~(17)~~ A parent who has been ordered to pay restitution

under subsection ~~(15)~~ (16) may petition the court for a

modification of the amount of restitution owed by the parent or for

a cancellation of any unpaid portion of the parent's obligation.

The court shall cancel all or part of the parent's obligation due

if the court determines that payment of the amount due will impose

a manifest hardship on the parent and if the court also determines

that modifying the method of payment will not impose a manifest

hardship on the victim.

(19) ~~(18)~~ In each case in which payment of restitution is

ordered as a condition of probation, the court shall order any

employed defendant to make regularly scheduled restitution

payments. If the defendant misses 2 or more regularly scheduled

payments, the court shall order the defendant to execute a wage

assignment to pay the restitution. The probation officer assigned

to the case shall review the case not less than twice yearly to

ensure that restitution is being paid as ordered. If the

restitution was ordered to be made within a specific period of

time, the probation officer assigned to the case shall review the

case at the end of the specific period of time to determine if the

restitution has been paid in full. The final review shall be

conducted not less than 60 days before the probationary period

expires. If the probation officer determines at any review that

restitution is not being paid as ordered, the probation officer

shall file a written report of the violation with the court on a

form prescribed by the state court administrative office or shall

petition the court for a probation violation. The report or

petition shall include a statement of the amount of the arrearage

and any reasons for the arrearage known by the probation officer.

The probation officer shall immediately provide a copy of the

report or petition to the prosecuting attorney. If a petition or

motion is filed or other proceedings are initiated to enforce

payment of restitution and the court determines that restitution is

not being paid or has not been paid as ordered by the court, the

court shall promptly take action necessary to compel compliance.

(20) ~~(19)~~ If a defendant who is ordered to pay restitution

under this section is remanded to the jurisdiction of the

department of corrections, the court shall provide a copy of the

order of restitution to the department of corrections when the

defendant is remanded to the department's jurisdiction.

(21) ~~(20)~~ The court shall not impose a fee on a victim, those

entitled to inherit the victim's estate, or prosecuting attorney

for enforcing an order of restitution.

(22) ~~(21)~~ If a person or entity entitled to restitution under

this section cannot be located, refuses to claim the restitution

within 2 years after the date on which he or she could have claimed

the restitution, or refuses to accept the restitution, the

restitution to which that person or entity is entitled shall be

deposited in the crime victim's rights fund created under section 4

of 1989 PA 196, MCL 780.904, or its successor fund. However, a

person or entity entitled to that restitution may claim that

restitution any time by applying to the court that originally

ordered and collected it. The court shall notify the crime victim

services commission of the application and the commission shall

approve a reduction in the court's revenue transmittal to the crime

victim's rights fund equal to the restitution owed to the person or

entity. The court shall use the reduction to reimburse that

restitution to the person or entity.

(23) ~~(22)~~ The court may amend an order of restitution entered

under this section on a motion by the prosecuting attorney, the

victim, or the defendant based upon new information related to the

injury, damages, or loss for which the restitution was ordered.

(24) ~~(23)~~ A court that receives notice that a defendant who

has an obligation to pay restitution under this section has

declared bankruptcy shall forward a copy of that notice to the

prosecuting attorney. The prosecuting attorney shall forward the

notice to the victim at the victim's last known address.

(25) ~~(24)~~ If the victim is a minor, the order of restitution

shall require the defendant to pay to a parent of the victim an

amount that is determined to be reasonable for any of the following

that are actually incurred or reasonably expected to be incurred by

the parent as a result of the crime:

(a) Homemaking and child care expenses.

(b) Income loss not ordered to be paid under subsection

(4)(h).

(d) Lodging or housing.

(e) Meals.

(f) Any other cost incurred in exercising the rights of the

victim or a parent under this act.

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 ordered 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 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.

(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.

(5) As used in this section, "victim payment" means

restitution ordered to be paid to the victim or to those entitled

to inherit 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. 44. (1) As used in this section only:

(a) "Offense" means a violation of a penal law of this state

or a violation of an ordinance of a local unit of government of

this state punishable by imprisonment or by a fine that is not a

civil fine.

(b) "Victim" means an individual who suffers direct or

threatened physical, financial, or emotional harm as a result of

the ~~commission of an offense.~~ juvenile's course of conduct. As used

in subsections (2), (3), (6), (8), (9), and (13) only, victim

includes a sole proprietorship, partnership, corporation,

association, governmental entity, or any other legal entity that

suffers direct physical or financial harm as a result of an

~~offense.~~the juvenile's course of conduct.

(2) Except as provided in subsection (8), at the dispositional

hearing or sentencing for an offense, the court shall order, in

addition to or in lieu of any other disposition or penalty

authorized by law, that the juvenile make full restitution to any

victim of the juvenile's course of conduct that gives rise to the

disposition or conviction or to those entitled to inherit the

victim's estate. For an offense that is resolved informally by

means of a consent calendar diversion or by another informal method

that does not result in a dispositional hearing, by assignment to

youthful trainee status, by a delayed sentence or deferred judgment

of guilt, or in another way that is not an acquittal or

unconditional dismissal, the court shall order the restitution

required under this section.

(3) If an offense results in damage to or loss or destruction

of property of a victim of the offense or results in the seizure or

impoundment of property of a victim of the offense, the order of

restitution shall require that the juvenile or respondent do 1 or

more of the following, as applicable:

(a) Return the property to the owner of the property or to a

person designated by the owner.

(b) If damaged personal or real property can be repaired to

restore the property to its condition before the juvenile's or

respondent's course of criminal conduct, pay an amount equal to the

repair cost. One or more repair estimates may be used as a basis

for restitution.

impossible, impractical, or inadequate, or if repair of the

property under subdivision (b) is impossible, impractical, or

inadequate, pay an amount equal to the greater of subparagraph (i)

or (ii), less the value, determined as of the date the property is

returned, of that property or any part of the property that is

returned:

(i) The fair market value of the property on the date of the

damage, loss, or destruction. However, if the fair market value of

the property cannot be determined or is impractical to ascertain,

then the replacement value of the property shall be utilized in

lieu of the fair market value.

(ii) The fair market value of the property on the date of

disposition. However, if the fair market value of the property

cannot be determined or is impractical to ascertain, then the

replacement value of the property shall be utilized in lieu of the

fair market value.

(d) ~~(c)~~ Pay the costs of the seizure or impoundment, or both.

(4) If an offense results in physical or psychological injury

to a victim, the order of restitution shall require that the

juvenile do 1 or more of the following, as applicable:

(a) Pay an amount equal to the reasonably determined cost of

medical and related professional services and devices actually

incurred and reasonably expected to be incurred relating to

physical and psychological care.

(b) Pay an amount equal to the reasonably determined cost of

physical and occupational therapy and rehabilitation actually

incurred and reasonably expected to be incurred.

victim's estate for after-tax income loss suffered by the victim as

a result of the offense.

(d) Pay an amount equal to the reasonably determined cost of

psychological and medical treatment for members of the victim's

family actually incurred or reasonably expected to be incurred as a

result of the offense.

(e) Pay an amount equal to the reasonably determined costs of

homemaking and child care expenses actually incurred or reasonably

expected to be incurred as a result of the offense or, if

homemaking or child care is provided without compensation by a

relative, friend, or any other person, an amount equal to the costs

that would reasonably be incurred as a result of the offense for

that homemaking and child care, based on the rates in the area for

comparable services.

(f) Pay an amount equal to the cost of actual funeral and

related services.

(g) If the deceased victim could be claimed as a dependent by

his or her parent or guardian on the parent's or guardian's

federal, state, or local income tax returns, pay an amount equal to

the loss of the tax deduction or tax credit. The amount of

reimbursement shall be estimated for each year the victim could

reasonably be claimed as a dependent.

(h) Pay an amount equal to income actually lost by the spouse,

parent, sibling, child, or grandparent of the victim because the

family member left his or her employment, temporarily or

permanently, to care for the victim because of the injury.

(5) If an offense resulting in bodily injury also results in

the death of a victim or serious impairment of a body function of a

victim, the court may order up to 3 times the amount of restitution

otherwise allowed under this section. As used in this subsection,

"serious impairment of a body function of a victim" includes, but

is not limited to, 1 or more of the following:

(a) Loss of a limb or use of a limb.

(b) Loss of a hand or foot or use of a hand or foot.

(d) Loss or substantial impairment of a bodily function.

(e) Serious visible disfigurement.

(f) A comatose state that lasts for more than 3 days.

(g) Measurable brain damage or mental impairment.

(h) A skull fracture or other serious bone fracture.

(i) Subdural hemorrhage or subdural hematoma.

(j) Loss of a body organ.

(6) If ~~the~~ a victim ~~or victim's estate~~ consents or those

entitled to inherit the victim's estate consent, the order of

restitution may require that the juvenile make restitution in

services in lieu of money.

(7) If ~~the~~ a victim is deceased or dies, the court shall order

that the restitution or remaining restitution be made to those

entitled to inherit ~~from~~ the victim's estate.

(8) The court shall order restitution to the crime victim

services commission or to any individuals, partnerships,

corporations, associations, governmental entities, or other legal

entities that have compensated ~~the~~ a victim or those entitled to

inherit the victim's estate for a loss incurred by the victim to

the extent of the compensation paid for that loss. The court shall

also order restitution for the costs of services provided to

persons or entities that have provided services to ~~the~~ a victim as

a result of the offense. Services that are subject to restitution

under this subsection include, but are not limited to, shelter,

food, clothing, and transportation. However, an order of

restitution shall require that all restitution to a victim or those

entitled to inherit the victim's estate under the order be made

before any restitution to any other person or entity under that

order is made. The court shall not order restitution to be paid to

a victim or those entitled to inherit the victim's estate if the

victim ~~or victim's estate~~ has or those entitled to inherit the

victim's estate have received or is are to receive compensation for

that loss, and the court shall state on the record with specificity

the reasons for its action.

(9) Any amount paid to a victim or those entitled to inherit

the victim's estate under an order of restitution shall be set off

against any identical amount later recovered as compensatory

damages by the victim or those entitled to inherit the victim's

estate in any federal or state civil proceeding and shall reduce

the amount payable to a victim or a those entitled to inherit the

victim's estate by an award from the crime victim services

commission made after an order of restitution under this section.

(10) If not otherwise provided by the court under this

subsection, restitution shall be made immediately. However, the

court may require that the juvenile make restitution under this

section within a specified period or in specified installments.

(11) If the juvenile is placed on probation, any restitution

ordered under this section shall be a condition of that probation.

The court may revoke probation if the juvenile ~~fails to comply with~~

~~the order and if the juvenile~~ has not complied or made a ~~good faith~~

good-faith effort to comply with the order. In determining whether

to revoke probation, the court shall consider the juvenile's

employment status, earning ability, and financial resources, the

willfulness of the juvenile's failure to pay, and any other special

circumstances that may have a bearing on the juvenile's ability to

pay.

(12) Subject to subsection (18), a juvenile who is required to

pay restitution and who is not in willful default of the payment of

the restitution may at any time petition the court to modify the

method of payment. If the court determines that payment under the

order will impose a manifest hardship on the juvenile or his or her

immediate family, and if the court also determines that modifying

the method of payment will not impose a manifest hardship on the

victim, the court may modify the method of payment.

(13) An order of restitution entered under this section

remains effective until it is satisfied in full. An order of

restitution is a judgment and lien against all property of the

individual ordered to pay restitution for the amount specified in

the order of restitution. The lien may be recorded as provided by

law. An order of restitution may be enforced by the prosecuting

attorney, a victim, a those entitled to inherit the victim's

estate, or any other person or entity named in the order to receive

the restitution in the same manner as a judgment in a civil action

or a lien.

(14) Notwithstanding any other provision of this section, a

juvenile shall not be detained or imprisoned for a violation of

probation or parole or otherwise for failure to pay restitution as

ordered under this section unless the court determines that the

juvenile has the resources to pay the ordered restitution and has

not made a ~~good faith~~ good-faith effort to do so.

(15) If the court determines that the juvenile is or will be

unable to pay all of the restitution ordered to a person other than

his or her parent, after notice to the juvenile's parent or parents

and an opportunity for the parent or parents to be heard, the court

may order the parent or parents having supervisory responsibility

for the juvenile at the time of the acts upon which an order of

restitution is based to pay any portion of the restitution ordered

that is outstanding. An order under this subsection does not

relieve the juvenile of his or her obligation to pay restitution as

ordered, but the amount owed by the juvenile shall be offset by any

amount paid by his or her parent. As used in this subsection,

"parent" does not include a foster parent.

(16) If the court orders a parent to pay restitution under

subsection (15), the court shall take into account the parent's

financial resources and the burden that the payment of restitution

will impose, with due regard to any other moral or legal financial

obligations the parent may have. If a parent is required to pay

restitution under subsection (15), the court shall provide for

payment to be made in specified installments and within a specified

period of time.

(17) A parent who has been ordered to pay restitution under

subsection (15) may petition the court for a modification of the

amount of restitution owed by the parent or for a cancellation of

any unpaid portion of the parent's obligation. The court shall

cancel all or part of the parent's obligation due if the court

determines that payment of the amount due will impose a manifest

hardship on the parent and if the court also determines that

modifying the method of payment will not impose a manifest hardship

on the victim.

(18) In each case in which payment of restitution is ordered

as a condition of probation, the court shall order any employed

juvenile to make regularly scheduled restitution payments. If the

juvenile misses 2 or more regularly scheduled payments, the court

shall order the juvenile to execute a wage assignment to pay the

restitution. The juvenile caseworker or probation officer assigned

to the case shall review the case not less than twice yearly to

ensure that restitution is being paid as ordered. If the

restitution was ordered to be made within a specific period of

time, the juvenile caseworker or probation officer assigned to the

case shall review the case at the end of the specific period of

time to determine if the restitution has been paid in full. The

final review shall be conducted not less than 60 days before the

probationary period expires. If the juvenile caseworker or

probation officer determines at any review the restitution is not

being paid as ordered, the juvenile caseworker or probation officer

shall file a written report of the violation with the court on a

form prescribed by the state court administrative office or shall

petition the court for a probation violation. The report or

petition shall include a statement of the amount of the arrearage,

and any reasons for the arrearage known by the juvenile caseworker

or probation officer. The juvenile caseworker or probation officer

shall immediately provide a copy of the report or petition to the

prosecuting attorney. If a petition or motion is filed or other

proceedings are initiated to enforce payment of restitution and the

court determines that restitution is not being paid or has not been

paid as ordered by the court, the court shall promptly take action

necessary to compel compliance.

(19) If the court determines that an individual who is ordered

to pay restitution under this section is remanded to the

jurisdiction of the department of corrections, the court shall

provide a copy of the order of restitution to the department of

corrections when the court determines that the individual is

remanded to the department's jurisdiction.

(20) The court shall not impose a fee on a victim, those

entitled to inherit the victim's estate, or prosecuting attorney

for enforcing an order of restitution.

(21) If a person or entity entitled to restitution under this

section cannot be located, refuses to claim the restitution within

2 years after the date on which he or she could have claimed the

restitution, or refuses to accept the restitution, the restitution

to which that person or entity is entitled shall be deposited in

the crime victim's rights fund created under section 4 of 1989 PA

196, MCL 780.904, or its successor fund. However, a person or

entity entitled to that restitution may claim that restitution any

time by applying to the court that originally ordered and collected

it. The court shall notify the crime victim services commission of

the application and the commission shall approve a reduction in the

court's revenue transmittal to the crime victim's rights fund equal

to the restitution owed to the person or entity. The court shall

use the reduction to reimburse that restitution to the person or

entity.

(22) The court may amend an order of restitution entered under

this section on a motion by the prosecuting attorney, the victim,

or the ~~defendant~~ juvenile based upon new information related to the

injury, damages, or loss for which the restitution was ordered.

(23) A court that receives notice that a ~~defendant~~ juvenile

who has an obligation to pay restitution under this section has

declared bankruptcy shall forward a copy of that notice to the

prosecuting attorney. The prosecuting attorney shall forward the

notice to the victim at the victim's last known address.

(24) If the victim is a minor, the order of restitution shall

require the ~~defendant~~ juvenile to pay to a parent of the victim an

amount that is determined to be reasonable for any of the following

that are actually incurred or reasonably expected to be incurred by

the parent as a result of the ~~crime:~~offense:

(a) Homemaking and child care expenses.

(b) Income loss not ordered to be paid under subsection

(4)(h).

(d) Lodging or housing.

(e) Meals.

(f) Any other cost incurred in exercising the rights of the

victim or a parent under this act.

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,~~ adjudication, money collected from that

juvenile or his or her parent or parents 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

ordered 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 health and 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 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.

(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.

(5) As used in this section, "victim payment" means

restitution ordered to be paid to the victim or to those entitled

to inherit 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. 45. (1) In determining the amount of restitution to order

under section 44, the court shall consider the amount of the loss

sustained by any victim as a result of the offense or the

juvenile's course of conduct. In determining whether to order the

juvenile's supervisory parent to pay restitution under section

44(15), the court shall consider the financial resources of the

juvenile's supervisory parent and the other factors specified in

section 44(16).

(2) The court may order the person preparing a report for the

purpose of disposition to obtain information pertaining to the

factors set forth in subsection (1). That person shall include the

information collected in the disposition report or in a separate

report, as the court directs.

(3) The court shall disclose to the juvenile, the juvenile's

supervisory parent, and the prosecuting attorney all portions of

the disposition or other report pertaining to the matters described

in subsection (1).

(4) Any dispute as to the proper amount or type of restitution

shall be resolved by the court by a preponderance of the evidence.

The burden of demonstrating the amount of the loss sustained by a

victim as a result of the offense shall be on the prosecuting

attorney. The burden of demonstrating the financial resources of

the juvenile's supervisory parent and the other factors specified

in section 44(16) shall be on the supervisory parent.

Sec. 76. (1) As used in this section only:

(a) "Misdemeanor" means a violation of a law of this state or

a local ordinance that is punishable by imprisonment for not more

than 1 year or a fine that is not a civil fine, but that is not a

felony.

(b) "Victim" means an individual who suffers direct or

threatened physical, financial, or emotional harm as a result of

the ~~commission of a misdemeanor.~~ defendant's course of conduct. As

used in subsections (2), (3), (6), (8), (9), and (13) only, victim

includes a sole proprietorship, partnership, corporation,

association, governmental entity, or any other legal entity that

suffers direct physical or financial harm as a result of a

~~misdemeanor.~~the defendant's course of conduct.

(2) Except as provided in subsection (8), when sentencing a

defendant convicted of a misdemeanor, the court shall order, in