Bill Text: MI HB4612 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Criminal procedure; sentencing; certain permissible costs; extend sunset. Amends sec. 1k, ch. IX of 1927 PA 175 (MCL 769.1k).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2017-07-12 - Assigned Pa 64'17 With Immediate Effect [HB4612 Detail]
Download: Michigan-2017-HB4612-Engrossed.html
HB-4612, As Passed Senate, June 15, 2017
HOUSE BILL No. 4612
May 16, 2017, Introduced by Reps. VerHeulen and Kesto and referred to the Committee on Appropriations.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 1k of chapter IX (MCL 769.1k), as amended by
2014 PA 352.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER IX
Sec. 1k. (1) If a defendant enters a plea of guilty or nolo
contendere or if the court determines after a hearing or trial that
the defendant is guilty, both of the following apply at the time of
the sentencing or at the time entry of judgment of guilt is
deferred
pursuant to by statute or sentencing is delayed pursuant
to
by statute:
(a) The court shall impose the minimum state costs as set
forth in section 1j of this chapter.
(b) The court may impose any or all of the following:
(i) Any fine authorized by the statute for a violation of
which the defendant entered a plea of guilty or nolo contendere or
the court determined that the defendant was guilty.
(ii) Any cost authorized by the statute for a violation of
which the defendant entered a plea of guilty or nolo contendere or
the court determined that the defendant was guilty.
(iii) Until 36 months after the date the amendatory
act that
added
subsection (7) is enacted into law, October 17, 2020, any
cost reasonably related to the actual costs incurred by the trial
court without separately calculating those costs involved in the
particular case, including, but not limited to, the following:
(A) Salaries and benefits for relevant court personnel.
(B) Goods and services necessary for the operation of the
court.
(C) Necessary expenses for the operation and maintenance of
court buildings and facilities.
(iv) The expenses of providing legal assistance to the
defendant.
(v) Any assessment authorized by law.
(vi) Reimbursement under section 1f of this chapter.
(2) In addition to any fine, cost, or assessment imposed under
subsection (1), the court may order the defendant to pay any
additional costs incurred in compelling the defendant's appearance.
(3) Subsections (1) and (2) apply even if the defendant is
placed on probation, probation is revoked, or the defendant is
discharged from probation.
(4) The court may require the defendant to pay any fine, cost,
or assessment ordered to be paid under this section by wage
assignment.
(5) The court may provide for the amounts imposed under this
section to be collected at any time.
(6) Except as otherwise provided by law, the court may apply
payments received on behalf of a defendant that exceed the total of
any fine, cost, fee, or other assessment imposed in the case to any
fine, cost, fee, or assessment that the same defendant owes in any
other case.
(7) Beginning January 1, 2015, the court shall make available
to a defendant information about any fine, cost, or assessment
imposed under subsection (1), including information about any cost
imposed under subsection (1)(b)(iii). However, the information is
not required to include the calculation of the costs involved in a
particular case.
(8) If the court imposes any cost under subsection
(1)(b)(iii), no later than March 31 of each year the clerk of the
court shall transmit a report to the state court administrative
office in a manner prescribed by the state court administrative
office that contains all of the following information for the
previous calendar year:
(a) The name of the court.
(b) The total number of cases in which costs under subsection
(1)(b)(iii) were imposed by that court.
(c) The total amount of costs that were imposed by that court
under subsection (1)(b)(iii).
(d) The total amount of costs imposed under subsection
(1)(b)(iii) that were collected by that court.
(9) No later than July 1 of each year, the state court
administrative office shall compile all data submitted under
subsection (8) during the preceding calendar year and submit a
written report to the governor, the secretary of the senate, and
the clerk of the house of representatives. The report described in
this
subsection shall must be made available to the public by the
secretary of the senate and the clerk of the house of
representatives.
(10) A defendant shall not be imprisoned, jailed, or
incarcerated for the nonpayment of costs ordered under this section
unless the court determines that the defendant has the resources to
pay the ordered costs and has not made a good-faith effort to do
so.
