Bill Text: MI HB5299 | 2019-2020 | 100th Legislature | Engrossed
Bill Title: Criminal procedure: probation; probation for certain major controlled substances offenses; allow. Amends sec. 1, ch. XI of 1927 PA 175 (MCL 771.1). TIE BAR WITH: HB 5137'19
Spectrum: Partisan Bill (Democrat 16-0)
Status: (Engrossed - Dead) 2020-12-02 - Referred To Committee Of The Whole [HB5299 Detail]
Download: Michigan-2019-HB5299-Engrossed.html
Substitute For
HOUSE BILL NO. 5299
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 1 of chapter XI (MCL 771.1), as amended by 2019 PA 165.
the people of the state of michigan enact:
CHAPTER XI
Sec. 1. (1) In all prosecutions for felonies,
misdemeanors, or ordinance violations other than murder, treason, criminal
sexual conduct in the first or third degree, armed robbery, or major controlled substance
offenses, violation of
section 7401(2)(a)(i) to (iii), 7401(2)(g), or 7401(2)(h)(i) to (iii) of the public health code, 1978 PA
368, MCL 333.7401, if the
defendant has been found guilty upon verdict or plea and the court determines
that the defendant is not likely again to engage in an offensive or criminal
course of conduct and that the public good does not require that the defendant
suffer the penalty imposed by law, the court may place the defendant on
probation under the charge and supervision of a probation officer.
(2) In an action in which
the court may place the defendant on probation, the court may delay sentencing
the defendant for not more than 1 year to give the defendant an opportunity to
prove to the court his or her eligibility for probation or other leniency
compatible with the ends of justice and the defendant's rehabilitation, such as
participation in a drug treatment court under chapter 10A of the revised
judicature act of 1961, 1961 PA 236, MCL 600.1060 to 600.1088. When sentencing
is delayed, the court shall enter an order stating the reason for the delay
upon the court's records. The delay in passing sentence does not deprive the
court of jurisdiction to sentence the defendant at any time during the period
of delay.
(3) Except as provided in
subsection (5), if a defendant is before the circuit court and the court delays
imposing sentence under subsection (2), the court shall include in the delayed
sentence order that the department of corrections collect a supervision fee of
$30.00 multiplied by the number of months of delay ordered, but not more than
12 months, if the individual is placed on supervision without electronic
monitoring. If the individual is placed on supervision with an electronic
monitoring device under this subsection, the court shall include in the delayed
sentence order that the department of corrections collect a supervision fee of
$60.00 multiplied by the number of months of supervision ordered under the
delay of sentence, but not more than 12 months. The fee is payable when the
delayed sentence order is entered, but the fee may be paid in monthly
installments if the court approves installment payments for that defendant. The
fee must be collected as provided in section 25a of the corrections code of 1953,
1953 PA 232, MCL 791.225a. A person must not be subject to more than 1
supervision fee at the same time. If a supervision fee is ordered for a person
for any month or months during which that person already is subject to a
supervision fee, the court shall waive the fee having the shorter remaining
duration.
(4) This section 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.
(5) The court may waive
the fee required to be collected under this section if the court determines the
supervised individual is indigent.
(6) As used in this
section, "electronic monitoring device" includes any electronic
device or instrument that is used to track the location of an individual,
enforce a curfew, or detect the presence of alcohol in an individual's body.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect unless House Bill No. 5137 of the 100th Legislature is enacted into law.