Bill Text: MI SB0934 | 2015-2016 | 98th Legislature | Engrossed
Bill Title: Criminal procedure; probation; reduction of term of probation; allow in certain cases. Amends sec. 2, ch. XI of 1927 PA 175 (MCL 771.2).
Spectrum: Moderate Partisan Bill (Republican 7-2)
Status: (Engrossed - Dead) 2016-06-09 - Received On 06/09/2016 [SB0934 Detail]
Download: Michigan-2015-SB0934-Engrossed.html
SB-0934, As Passed Senate, June 9, 2016
SUBSTITUTE FOR
SENATE BILL NO. 934
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 2 of chapter XI (MCL 771.2), as amended by 2010
PA 351.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER XI
Sec. 2. (1) Except as provided in section 2a of this chapter
and section 36 of chapter VIII, if the defendant is convicted for
an offense that is not a felony, the probation period shall not
exceed 2 years. Except as provided in section 2a of this chapter
and section 36 of chapter VIII, if the defendant is convicted of a
felony, the probation period shall not exceed 5 years.
(2) Except as provided in section 2a of this chapter and
section 36 of chapter VIII, after the defendant has completed 1/2
of the original felony probation period of his or her felony
probation, the department may notify the sentencing court. If,
after a hearing to review the case and the defendant's conduct
while on probation, the court determines that the defendant's
behavior warrants a reduction in the probationary term, the court
may reduce that term by 100% or less, if the reduction is
recommended by the probation officer in the case. The victim shall
be notified of the date and time of the hearing in the same manner
as described in subsection (3) and be given an opportunity to be
heard. The court shall consider the impact on the victim caused by
reducing the defendant's probationary term. Not less than 28 days
before reducing or terminating a period of probation or conducting
a review under this section, the court shall notify the prosecuting
attorney, the defendant or, if the defendant has an attorney, the
defendant's attorney, and the department of corrections shall
notify the victim at the victim's last known address.
(3) The department of corrections shall report, no later than
December 31 of each year after the effective date of the amendatory
act that added this subsection, to the committees of the senate and
house of representatives concerning the judiciary or criminal
justice the number of defendants referred to the court for a
hearing under subsection (2) and the overall reduction of days
supervised during the preceding year. The state court
administrative office shall report, no later than December 31 of
each year after the effective date of the amendatory act that added
this subsection, to the committees of the senate and house of
representatives concerning the judiciary the number of probationers
who were released early from probation under this subsection.
(4) (2)
The court shall, by
order , to be filed
or entered in
the
cause case as the court may direct directs by
general rule or
in each case, fix and determine the period and conditions of
probation.
The order is part of the record in the cause. case. The
court may amend the order in form or substance at any time. If the
court reduces a defendant's probationary term under subsection (2),
the period by which that term was reduced shall be reported to the
department of corrections.
(5) (3)
A defendant who was placed on
probation under section
1(4) of this chapter as it existed before March 1, 2003 for an
offense committed before March 1, 2003 is subject to the conditions
of probation specified in section 3 of this chapter, including
payment of a probation supervision fee as prescribed in section 3c
of this chapter, and to revocation for violation of these
conditions, but the probation period shall not be reduced other
than by a revocation that results in imprisonment or as otherwise
provided by law.
(6) (4)
If an individual is placed on
probation for a listed
offense
enumerated as that term is
defined in section 2 of the sex
offenders registration act, 1994 PA 295, MCL 28.722, the
individual's probation officer shall register the individual or
accept the individual's registration as provided in that act.
(7) (5)
Subsection (1) 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.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
