Bill Text: MI SB0934 | 2015-2016 | 98th Legislature | Introduced
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-Introduced.html
SENATE BILL No. 934
May 3, 2016, Introduced by Senators JONES, PROOS, HORN, SHIRKEY, GREGORY, WARREN, BRANDENBURG, GREEN and KNOLLENBERG and referred to the Committee on Michigan Competitiveness.
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 shall notify the sentencing court. If,
after review of 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. Not less than 10 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 as required under sections 18b and 77b of
the William Van Regenmorter crime victim's rights act, 1985 PA 87,
MCL 780.768b and 780.827b, the victim. 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 probationers whose terms of probation were reduced under
this subsection and the overall reduction of days supervised during
the preceding year. As used in this subsection, "assaultive crime"
means that term as defined in section 9a of chapter X.
(3) (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.
(4) (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.
(5) (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.
(6) (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.
