Bill Text: MI HB4031 | 2019-2020 | 100th Legislature | Engrossed
Bill Title: Criminal procedure: probation; supervision fees in the code of criminal procedure; modify. Amends sec. 13, ch. II & secs. 1 & 3c, ch. XI of 1927 PA 175 (MCL 762.13 et seq.). TIE BAR WITH: HB 4032'19
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2019-12-31 - Assigned Pa 165'19 [HB4031 Detail]
Download: Michigan-2019-HB4031-Engrossed.html
HB-4031, As Passed House, May 2, 2019
SUBSTITUTE FOR
HOUSE BILL NO. 4031
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 13 of chapter II and sections 1 and 3c of
chapter XI (MCL 762.13, 771.1, and 771.3c), section 13 of chapter
II as amended by 2015 PA 33, section 1 of chapter XI as amended by
2006 PA 631, and section 3c of chapter XI as amended by 2002 PA
483.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 CHAPTER II
2 Sec. 13. (1) If an individual is assigned to the status of a
3 youthful trainee and the underlying charge is an offense punishable
4 by imprisonment for a term of more than 1 year, the court shall do
5 1 of the following:
6 (a) Except as provided in subsection (2), commit the
1 individual to the department of corrections for custodial
2 supervision and training for not more than 2 years. If the
3 individual is less than 21 years of age, he or she shall must be
4 committed to an institutional facility designated by the department
5 for that purpose.
6 (b) Place the individual on probation for not more than 3
7 years subject to probation conditions as provided in section 3 of
8 chapter XI. The terms and conditions of probation may include
9 participation in a drug treatment court under chapter 10A of the
10 revised judicature act of 1961, 1961 PA 236, MCL 600.1060 to
11 600.1084.600.1088.
12 (c) Commit the individual to the county jail for not more than
13 1 year.
14 (d) Except as provided in subsection (2), commit the
15 individual to the department of corrections under subdivision (a)
16 or to the county jail under subdivision (c), and then place the
17 individual on probation for not more than 1 year subject to
18 probation conditions as provided in section 3 of chapter XI.
19 (2) An individual assigned to the status of youthful trainee
20 shall must not be committed to the department of corrections
for
21 custodial supervision and training under subsection (1)(a) or (d)
22 if the underlying charge is for a violation of any of the
23 following:
24 (a) Article 7 of the public health code, 1978 PA 368, MCL
25 333.7101 to 333.7545.
26 (b) Section 110, 110a(4), 157n to 157v, 157w(1)(c), 227, 356,
27 357, 413, 530, or 535(3) or (7) of the Michigan penal code, 1931 PA
1 328, MCL 750.110, 750.110a, 750.157n to 750.157v, 750.157w,
2 750.227, 750.356, 750.357, 750.413, 750.530, and 750.535.
3 (3) If an individual is assigned to the status of youthful
4 trainee and the underlying charge is for an offense punishable by
5 imprisonment for 1 year or less, the court shall place the
6 individual on probation for not more than 2 years, subject to
7 probation conditions as provided in section 3 of chapter XI.
8 (4) An individual placed on probation under this section shall
9 must be under the supervision of a probation officer. Upon
10 commitment to and receipt by the department of corrections, a
11 youthful trainee shall be is subject to the direction
of the
12 department of corrections. If an individual is placed on probation
13 following a commitment to the department of corrections under
14 subsection (1)(d), a youthful trainee shall must be
reassigned to
15 the supervision of a probation officer.
16 (5) If an individual is committed to the county jail under
17 subsection (1)(c) or (d) or as a probation condition, the court may
18 authorize work release or release for educational purposes.
19 (6) The Except
as provided in subsection (7), the court
shall
20 include in each order of probation for an individual placed on
21 probation under this section that the department of corrections
22 shall collect a probation
supervision fee of not more than $135.00
23 $30.00 multiplied by the number of months of probation ordered, but
24 not more than 36 months, if the individual is placed on probation
25 supervision without an electronic monitoring device. If the
26 individual is placed on probation supervision under this subsection
27 with an electronic monitoring device, the court shall include in
1 its order of probation that the department of corrections collect a
2 probation supervision fee of $60.00 multiplied by the number of
3 months of probation ordered, but not more than 36 months. The fee
4 is payable when the probation order is entered, but the fee may be
5 paid in monthly installments if the court approves installment
6 payments for that probationer. In determining the amount of the
7 fee, the court shall consider the probationer's projected income
8 and financial resources. The court shall use the following table of
9 projected monthly income in determining the amount of the fee to be
10 ordered:
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19 The court may order a higher amount than indicated by the
20 table, up to the maximum of $135.00 multiplied by the number of
21 months of probation ordered but not more than 36 months, if the
22 court determines that the probationer has sufficient assets or
23 other financial resources to warrant the higher amount. If the
24 court orders a higher amount, the amount and the reasons for
25 ordering that amount shall be stated in the court order. The fee
26 shall must be collected as provided in section 25a of the
27 corrections code of 1953, 1953 PA 232, MCL 791.225a. A person shall
1 must not be subject to more than 1 supervision fee at the same
2 time. If a supervision fee is ordered for a person for any month or
3 months during which that person already is subject to a supervision
4 fee, the court shall waive the fee having the shorter remaining
5 duration.
6 (7) The court may waive the fee required to be collected under
7 this section if the court determines the supervised individual is
8 indigent.
9 (8) As used in this section, "electronic monitoring device"
10 includes any electronic device or instrument that is used to track
11 the location of an individual, enforce a curfew, or detect the
12 presence of alcohol in an individual's body.
13 CHAPTER XI
14 Sec. 1. (1) In all prosecutions for felonies, misdemeanors, or
15 ordinance violations other than murder, treason, criminal sexual
16 conduct in the first or third degree, armed robbery, or major
17 controlled substance offenses, if the defendant has been found
18 guilty upon verdict or plea and the court determines that the
19 defendant is not likely again to engage in an offensive or criminal
20 course of conduct and that the public good does not require that
21 the defendant suffer the penalty imposed by law, the court may
22 place the defendant on probation under the charge and supervision
23 of a probation officer.
24 (2) In an action in which the court may place the defendant on
25 probation, the court may delay sentencing the defendant for not
26 more than 1 year to give the defendant an opportunity to prove to
27 the court his or her eligibility for probation or other leniency
1 compatible with the ends of justice and the defendant's
2 rehabilitation, such as participation in a drug treatment court
3 under chapter 10A of the revised judicature act of 1961, 1961 PA
4 236, MCL 600.1060 to 600.1082. 600.1088. When sentencing is
5 delayed, the court shall enter an order stating the reason for the
6 delay upon the court's records. The delay in passing sentence does
7 not deprive the court of jurisdiction to sentence the defendant at
8 any time during the period of delay.
9 (3) If Except
as provided in subsection (5), if a
defendant is
10 before the circuit court and the court delays imposing sentence
11 under subsection (2), the court shall include in the delayed
12 sentence order that the department of corrections shall collect
a
13 supervision fee of not more than $135.00 $30.00 multiplied
by the
14 number of months of delay ordered, but not more than 12 months, if
15 the individual is placed on supervision without electronic
16 monitoring. If the individual is placed on supervision with an
17 electronic monitoring device under this subsection, the court shall
18 include in the delayed sentence order that the department of
19 corrections collect a supervision fee of $60.00 multiplied by the
20 number of months of supervision ordered under the delay of
21 sentence, but not more than 12 months. The fee is payable when the
22 delayed sentence order is entered, but the fee may be paid in
23 monthly installments if the court approves installment payments for
24 that defendant. In determining the amount of the fee, the court
25 shall consider the defendant's projected income and financial
26 resources. The court shall use the following table of projected
27 monthly income in determining the amount of the fee to be ordered:
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9 The court may order a higher amount than indicated by the
10 table, up to the maximum of $135.00 multiplied by the number of
11 months of delay ordered but not more than 12 months, if the court
12 determines that the defendant has sufficient assets or other
13 financial resources to warrant the higher amount. If the court
14 orders a higher amount, the amount and the reasons for ordering
15 that amount shall be stated in the court order. The fee shall must
16 be collected as provided in section 25a of the corrections code of
17 1953, 1953 PA 232, MCL 791.225a. A person shall must not
be subject
18 to more than 1 supervision fee at the same time. If a supervision
19 fee is ordered for a person for any month or months during which
20 that person already is subject to a supervision fee, the court
21 shall waive the fee having the shorter remaining duration.
22 (4) This section does not apply to a juvenile placed on
23 probation and committed under section 1(3) or (4) of chapter IX to
24 an institution or agency described in the youth rehabilitation
25 services act, 1974 PA 150, MCL 803.301 to 803.309.
26 (5) The court may waive the fee required to be collected under
27 this section if the court determines the supervised individual is
1 indigent.
2 (6) As used in this section, "electronic monitoring device"
3 includes any electronic device or instrument that is used to track
4 the location of an individual, enforce a curfew, or detect the
5 presence of alcohol in an individual's body.
6 Sec. 3c. (1) The Except
as provided in subsection (2), the
7 circuit court shall include in each order of probation for a
8 defendant convicted of a crime that the department of corrections
9 shall collect a probation
supervision fee of not more than $135.00
10 $30.00 multiplied by the number of months of probation ordered, but
11 not more than 60 months, if a defendant is placed on probation
12 supervision without an electronic monitoring device. If a defendant
13 is placed on probation supervision with an electronic monitoring
14 device under this subsection, the circuit court's order shall
15 include in its order that the department of corrections collect a
16 probation supervision fee of $60.00 multiplied by the number of
17 months of probation ordered, but not more than 60 months. The fee
18 is payable when the probation order is entered, but the fee may be
19 paid in monthly installments if the court approves installment
20 payments for that probationer. In determining the amount of the
21 fee, the court shall consider the probationer's projected income
22 and financial resources. The court shall use the following table of
23 projected monthly income in determining the amount of the fee to be
24 ordered:
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6 The court may order a higher amount than indicated by the
7 table, up to the maximum of $135.00 multiplied by the number of
8 months of probation ordered, but not more than 60 months, if the
9 court determines that the probationer has sufficient assets or
10 other financial resources to warrant the higher amount. If the
11 court orders a higher amount, the amount and the reasons for
12 ordering that amount shall be stated in the court order. The fee
13 shall must be collected as provided in section 25a of the
14 corrections code of 1953, 1953 PA 232, MCL 791.225a. A person shall
15 must not be subject to more than 1 supervision fee at the same
16 time. If a supervision fee is ordered for a person for any month or
17 months during which that person already is subject to a supervision
18 fee, the court shall waive the fee having the shorter remaining
19 duration.
20 (2) The circuit court may waive the fee required to be
21 collected under this section if the court determines that the
22 supervised individual is indigent.
23 (3) (2) If a
person who is subject to a probation supervision
24 fee is also subject to any combination of fines, costs, restitution
25 orders, assessments, or payments arising out of the same criminal
26 proceeding, the allocation of money collected for those obligations
27 shall must be as otherwise provided in section 22 of chapter
XV.
1 (4) (3) This
section does not apply to a juvenile placed on
2 probation and committed under section 1(3) or (4) of chapter IX to
3 an institution or agency described in the youth rehabilitation
4 services act, 1974 PA 150, MCL 803.301 to 803.309.
5 (5) As used in this section, "electronic monitoring device"
6 includes any electronic device or instrument that is used to track
7 the location of an individual, enforce a curfew, or detect the
8 presence of alcohol in an individual's body.
9 Enacting section 1. This amendatory act takes effect 90 days
10 after the date it is enacted into law.
11 Enacting section 2. This amendatory act does not take effect
12 unless House Bill No. 4032 of the 100th Legislature is enacted into
13 law.
