Bill Text: MI SB1050 | 2019-2020 | 100th Legislature | Engrossed
Bill Title: Criminal procedure: probation; maximum length of probationary sentences and certain procedures related to early discharge; amend Amends secs. 2, 2a, 3, 4 & 4b, ch. XI of 1927 PA 175 (MCL 771.2 et seq.).
Spectrum: Moderate Partisan Bill (Democrat 14-2)
Status: (Passed) 2020-12-30 - Assigned Pa 0397'20 [SB1050 Detail]
Download: Michigan-2019-SB1050-Engrossed.html
Substitute For
SENATE BILL NO. 1050
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending sections 2, 2a, 3, 4, and 4b of chapter XI (MCL 771.2, 771.2a, 771.3, 771.4, and 771.4b), section 2 of chapter XI as amended by 2017 PA 10, section 2a of chapter XI as amended by 2006 PA 507, section 3 of chapter XI as amended by 2012 PA 612, section 4 of chapter XI as amended by 1998 PA 520, and section 4b of chapter XI as added by 2017 PA 9.
the people of the state of michigan enact:
Sec. 2. (1)
Except as provided in section 2a of this
chapter and section 36 of chapter VIII, if the
defendant is convicted of an offense that is not a felony, the probation period
shall must
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 must not exceed 5
3 years.
However, the probation term for a felony under this subsection may be extended
not more than 2 times for not more than 1 additional year for each extension if
the court finds that there is a specific rehabilitation goal that has not yet
been achieved, or a specific, articulable, and ongoing risk of harm to a victim
that can be mitigated only with continued probation supervision.
(2) Except as provided in subsection
(4), (10),
section 2a of this chapter, and section
36 of chapter VIII, after the defendant has completed 1/2 of the original
felony or misdemeanor probation period, of his or her felony
probation, the department or probation department may notify the sentencing
court. If, after a hearing to review the case and the defendant's probationer'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. The victim must be notified
of the date and time of the hearing and be given an opportunity to be heard.
The court shall consider the impact on the
victim and repayment of outstanding restitution 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. However, this subsection does not apply
to a defendant who is subject to a mandatory probation term.he or she may be eligible for early discharge as
provided in this section. The defendant must be notified at sentencing of his
or her eligibility and the requirements for early discharge from probation, and
the procedure provided under subsection (3) to notify the court of his or her
eligibility.
(3)
If a probationer has completed all required programming, the probation
department may notify the sentencing court that the probationer may be eligible
for early discharge from probation. If the probation department does not notify
the sentencing court as required under this subsection and the probationer has
not violated probation in the immediately preceding 3 months, the probationer
may notify the court that he or she may be eligible for early discharge from
probation on a form provided by the state court administrative office. This
subsection does not prohibit the court from considering a probationer for early
discharge from probation at the court's discretion.
(4)
A probationer must not be considered ineligible for early discharge because of
an inability to pay for the conditions of his or her probation, or for
outstanding court-ordered financial obligations, including fines, fees, costs,
or restitution, so long as the probationer has made good-faith efforts to make
payments. However, nothing in this subsection relieves a probationer from his
or her court-ordered financial obligations, including restitution, after
discharge from probation.
(5)
Upon notification as provided under subsection (3), the sentencing court may
review the case and the probationer's conduct while on probation to determine
whether the probationer's behavior warrants an early discharge. Except as
provided in subsection (6), if the court determines that the probationer's
behavior warrants a reduction in the probationary term, the court may grant an
early discharge from probation without holding a hearing.
(6)
If after reviewing the case under subsection (5), the court determines that the
probationer's behavior does not warrant an early discharge, the court must
conduct a hearing to allow the probationer to present his or her case for an
early discharge and find on the record any specific rehabilitation goal that
has not yet been achieved or a specific, articulable, and ongoing risk of harm
to a victim that can only be mitigated with continued probation supervision.
(7)
Except as otherwise provided in subsection (10), the sentencing court shall
hold a hearing before granting early discharge to a probationer serving a term
of probation for a felony offense involving a victim who has requested to
receive notice under section 18b, 19, 19a, 20, or 20a of the William Van
Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.768b, 780.769,
780.769a, 780.770, and 780.770a, or for a misdemeanor violation of section 81,
81a, or 136b of the Michigan penal code, 1931 PA 328, MCL 750.81, 750.81a, and 750.136b.
(8)
If a hearing is to be held under subsection (7), the prosecutor shall notify the
victim of the date and time of the hearing and the victim must be given an
opportunity to be heard.
(9)
(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). 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 felony probationers
who were released early from probation under subsection (2).this section and any available recidivism data.
(10) (4) A defendant who was convicted of 1 or more of the following
crimes is not eligible for reduced probation under subsection
(2):this section:
(a) A domestic
violence related violation of section 81(5)
81 or 81a of the Michigan penal
code, 1931 PA 328, MCL 750.81 and 750.81a, or an offense
involving domestic violence as that term is defined in section 1 of 1978 PA
389, MCL 400.1501.
(b) A violation of section 84
of the Michigan penal code, 1931 PA 328, MCL 750.84.
(c) A violation
of section 411h of the Michigan penal code, 1931 PA 328, MCL 750.411h.
(d) A violation
of section 411i of the Michigan penal code, 1931 PA 328, MCL 750411i.
(e) (c) A violation of section 520c of the Michigan penal code,
1931 PA 328, MCL 750.520c.
(f) (d) A violation of section 520e of the Michigan penal code,
1931 PA 328, MCL 750.520e.
(11)
(5) The court shall,
by order to be entered in the case as the court directs by general rule or in
each case, fix and determine the period,
and conditions, and rehabilitation goals of probation. The order is
part of the record in the 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), this section, the period by which that term was
reduced must be reported to the department of corrections.
(12)
(6) 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 must not be reduced other than by a revocation that results in
imprisonment or as otherwise provided by law.
(13)
(7) If an individual
is placed on probation for a listed offense 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.
(14)
(8) 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.
Sec. 2a. (1) The court may place an individual convicted of
violating section 411h of the Michigan penal code, 1931 PA 328, MCL 750.411h,
on probation for not more than 5 3 years, subject to the extensions
in section 2(1) of this chapter. The sentence is subject to the
conditions of probation set forth in section 411h(3) of the Michigan penal
code, 1931 PA 328, MCL 750.411h, and section 3 of this chapter. The probation
is subject to revocation for any violation of a condition of that probation.
(2) The court may place an
individual convicted of violating section 411i of the Michigan penal code, 1931
PA 328, MCL 750.411i, on probation for any term of years, but not less than 5 years. The sentence is subject to
the conditions of probation set forth in section 411i(4) of the Michigan penal
code, 1931 PA 328, MCL 750.411i, and section 3 of this chapter. The probation
is subject to revocation for any violation of a condition of that probation.
(3) The court may place an
individual convicted of a violation of section 136b of the Michigan penal code,
1931 PA 328, MCL 750.136b, that is designated as a misdemeanor on probation for
not more than 5 3
years, subject to the extensions
in section 2(1) of this chapter.
(4) The court shall by order, to be filed or entered in the cause as the
court directs by general rule or in each case, fix and determine the period, and conditions, and rehabilitation goals of probation. The order is
part of the record in the cause. The court may amend the order in form or
substance at any time.
(5) Subsections (1), (2), (3),
and (4) do 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.
(6) Except as otherwise provided by law, the court may place an individual
convicted of a listed offense on probation
subject to the requirements of this subsection and subsections (7) through (12) for
any term of years but not less than 5
years.
(7) Except as otherwise provided in subsections (8) to (12), if an
individual is placed on probation under subsection (6), the court shall order the individual not to do any of
the following:
(a) Reside within a student safety zone.
(b) Work within a student safety zone.
(c) Loiter within a student safety zone.
(8) The court shall not impose a condition of probation described in
subsection (7)(a) if any of the following
apply:
(a) The individual is not more than 19 years of age and
attends secondary school or postsecondary school, and resides with his or her
parent or guardian. However, an individual described in this subdivision shall must
be ordered not to initiate or maintain contact with a minor
within that student safety zone. The individual shall
must be permitted to initiate or
maintain contact with a minor with whom he or she attends secondary school or
postsecondary school in conjunction with that school attendance.
(b) The individual is not more than 26 years of age, attends
a special education program, and resides with his or her parent or guardian or
in a group home or assisted living facility. However, an individual described
in this subdivision shall must be ordered not to initiate or maintain contact
with a minor within that student safety zone. The individual shall must
be permitted to initiate or maintain contact with a minor with
whom he or she attends a special education program in conjunction with that
attendance.
(c) The individual was residing within that student safety
zone at the time the amendatory act that added this
subdivision was enacted into law. on
January 1, 2006. However, if the individual was residing within
the student safety zone at the time the amendatory
act that added this subdivision was enacted into law, on January 1, 2006, the court shall order the
individual not to initiate or maintain contact with any minors within that
student safety zone. This subdivision does not prohibit the court from allowing
contact with any minors named in the probation order for good cause shown and
as specified in the probation order.
(9) An order issued under subsection (7)(a) shall must not
prohibit an individual from being a patient in a hospital or hospice that is
located within a student safety zone. However, this exception does not apply to
an individual who initiates or maintains contact with a minor within that
student safety zone.
(10) The court shall not impose a condition of probation described in
subsection (7)(b) if the individual was
working within the student safety zone at
the time the amendatory act that added this subsection was enacted into law. on January 1, 2006. However, if the individual was
working within the student safety zone at
the time the amendatory act that added this subsection was enacted into law, on January 1, 2006, the court shall order the
individual not to initiate or maintain contact with any minors in the course of
his or her employment within that student safety zone. This subsection does not
prohibit the court from allowing contact with any minors named in the probation
order for good cause shown and as specified in the probation order.
(11) The court shall not impose a condition of probation described in
subsection (7)(b) if the individual only
intermittently or sporadically enters a student safety zone for purposes of
work. If the individual intermittently or sporadically works within a student
safety zone, the court shall order the individual not to initiate or maintain
contact with any minors in the course of his or her employment within that safety
zone. This subsection does not prohibit the court from allowing contact with
any minors named in the probation order for good cause shown and as specified
in the probation order.
(12) The court may exempt an individual from probation under subsection (6)
if any of the following apply:
(a) The individual has successfully completed his or her
probationary period under sections 11 to 15 of chapter II for committing a
listed offense and has been discharged from youthful trainee status.
(b) The individual was convicted of committing or attempting
to commit a violation solely described in section 520e(1)(a) of the Michigan
penal code, 1931 PA 328, MCL 750.520e, and at the time of the violation was 17
years of age or older but less than 21 years of age and is not more than 5
years older than the victim.
(13) As used in this section:
(a) "Listed offense" means that term as defined in
section 2 of the sex offenders registration act, 1994 PA 295, MCL 28.722.
(b) "Loiter" means to remain for a period of time
and under circumstances that a reasonable person would determine is for the
primary purpose of observing or contacting minors.
(c) "Minor" means an individual less than 18 years
of age.
(d) "School" means a public, private,
denominational, or parochial school offering developmental kindergarten,
kindergarten, or any grade from 1 through 12. School does not include a home
school.
(e) "School property" means a building, facility,
structure, or real property owned, leased, or otherwise controlled by a school,
other than a building, facility, structure, or real property that is no longer
in use on a permanent or continuous basis, to which either of the following
applies:
(i) It is used to impart
educational instruction.
(ii) It is for use by students not more than 19 years of age for
sports or other recreational activities.
(f) "Student safety
zone" means the area that lies 1,000 feet or less from school property.
Sec. 3. (1) The sentence of probation shall must include all of the following conditions:
(a) During the term of his or her probation, the probationer shall not violate any criminal law of this state, the United States, or another state or any ordinance of any municipality in this state or another state.
(b) During the term of his or her probation, the probationer shall not leave the state without the consent of the court granting his or her application for probation.
(c) The probationer shall report to the probation officer, either in person, virtually, or in writing, monthly or as often as the probation officer requires. This subdivision 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.
(d) If sentenced in circuit court, the probationer shall pay a probation supervision fee as prescribed in section 3c of this chapter.
(e) The probationer shall pay restitution to the victim of the defendant's course of conduct giving rise to the conviction or to the victim's estate as provided in chapter IX. An order for payment of restitution may be modified and shall must be enforced as provided in chapter IX.
(f) The probationer shall pay an assessment ordered under section 5 of 1989 PA 196, MCL 780.905.
(g) The probationer shall pay the minimum state cost prescribed by section 1j of chapter IX.
(h) If the probationer is required to be registered under the sex offenders registration act, 1994 PA 295, MCL 28.721 to 28.736, the probationer shall comply with that act.
(2) As Subject to subsection (11), as a condition of probation, the court may require the probationer to do 1 or more of the following:
(a) Be imprisoned in the county jail for not more than 12 months at the time or intervals that may be consecutive or nonconsecutive, within the probation as the court determines. However, the period of confinement shall must not exceed the maximum period of imprisonment provided for the offense charged if the maximum period is less than 12 months. The court may permit day parole as authorized under 1962 PA 60, MCL 801.251 to 801.258. The court may, subject to sections 3d and 3e of this chapter, permit the individual to be released from jail to work at his or her existing job or to attend a school in which he or she is enrolled as a student. This subdivision 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.
(b) Pay immediately or within the period of his or her probation a fine imposed when placed on probation.
(c) Pay costs pursuant to subsection (5).
(d) Pay any assessment ordered by the court other than an assessment described in subsection (1)(f).
(e) Engage in community service.
(f) Agree to pay by wage assignment any restitution, assessment, fine, or cost imposed by the court.
(g) Participate in inpatient or outpatient drug treatment, or, beginning January 1, 2005, participate in or a drug treatment court under chapter 10A of the revised judicature act of 1961, 1961 PA 236, MCL 600.1060 to 600.1084.
(h) Participate in mental health treatment.
(i) Participate in mental health or substance abuse counseling.
(j) Participate in a community corrections program.
(k) Be under house arrest.
(l) Be subject to electronic monitoring.
(m)
Participate in a residential probation program.
(n)
Satisfactorily complete a program of incarceration in a special alternative
incarceration unit as provided in section 3b of this chapter.
(o) Be
subject to conditions reasonably necessary for the protection of 1 or more
named persons.
(p)
Reimburse the county for expenses incurred by the county in connection with the
conviction for which probation was ordered as provided in the prisoner
reimbursement to the county act, 1984 PA 118, MCL 801.81 to 801.93.
(q)
Complete his or her high school education or obtain the equivalency of a high
school education in the form of a general education development (GED)
certificate.
(3) The Subject to subsection (11), the court
may impose other lawful conditions of probation as the circumstances of the
case require or warrant or as in its judgment are proper.
(4) If
an order or amended order of probation contains a condition for the protection
of 1 or more named persons as provided in subsection (2)(o), the court or a law
enforcement agency within the court's jurisdiction shall enter the order or
amended order into the law enforcement information network. If the court
rescinds the order or amended order or the condition, the court shall remove
the order or amended order or the condition from the law enforcement
information network or notify that law enforcement agency and the law enforcement
agency shall remove the order or amended order or the condition from the law
enforcement information network.
(5) If
the court requires the probationer to pay costs under subsection (2), the costs
shall must be limited to
expenses specifically incurred in prosecuting the defendant or providing legal
assistance to the defendant and supervision of the probationer.
(6) If
the court imposes costs under subsection (2) as part of a sentence of
probation, all of the following apply:
(a) The
court shall not require a probationer to pay costs under subsection (2) unless
the probationer is or will be able to pay them during the term of probation. In
determining the amount and method of payment of costs under subsection (2), the
court shall take into account the probationer's financial resources and the
nature of the burden that payment of costs will impose, with due regard to his
or her other obligations.
(b) A
probationer who is required to pay costs under subsection (1)(g) or (2)(c) and
who is not in willful default of the payment of the costs may petition the
sentencing judge or his or her successor at any time for a remission of the
payment of any unpaid portion of those costs. If the court determines that
payment of the amount due will impose a manifest hardship on the probationer or
his or her immediate family, the court may remit all or part of the amount due
in costs or modify the method of payment.
(7) If
a probationer is required to pay costs as part of a sentence of probation, the
court may require payment to be made immediately or the court may provide for
payment to be made within a specified period of time or in specified
installments.
(8) If
a probationer is ordered to pay costs as part of a sentence of probation,
compliance with that order shall
must be
a condition of probation. The
Subject to the
requirements of section 4b of this chapter, the court may only
sanction a probationer to jail or revoke the probation
if the of a probationer who fails to comply
with the order and if the probationer has the
ability to pay and has not made a good
faith good-faith effort
to comply with the order. In determining whether to revoke probation, the court
shall consider the probationer's employment status, earning ability, and
financial resources, the willfulness of the probationer's failure to pay, and
any other special circumstances that may have a bearing on the probationer's
ability to pay. The proceedings provided for in this subsection are in addition
to those provided in section 4 of this chapter.
(9) If
entry of judgment is deferred in the circuit court, the court shall require the
individual to pay a supervision fee in the same manner as is prescribed for a
delayed sentence under section 1(3) of this chapter, shall require the
individual to pay the minimum state costs prescribed by section 1j of chapter
IX, and may impose, as applicable, the conditions of probation described in subsections subsection (1), and subject to subsection (11), the
conditions of probation described in subsections (2) , and (3).
(10) If
sentencing is delayed or entry of judgment is deferred in the district court or
in a municipal court, the court shall require the individual to pay the minimum
state costs prescribed by section 1j of chapter IX and may impose, as
applicable, the conditions of probation described in subsections subsection (1), and subject to subsection (11), the conditions of probation
described in subsections (2) , and (3).
(11) The
conditions of probation imposed by the court under subsections (2) and (3) must
be individually tailored to the probationer, must specifically address the
assessed risks and needs of the probationer, must be designed to reduce
recidivism, must consider the needs of the victim if applicable, and must be
adjusted if the court determines adjustments are appropriate.
Sec. 4. (1) It is the intent of the legislature
that the granting of probation is a matter of grace conferring no vested right to its continuance.
If during the probation period the sentencing court determines that the
probationer is likely again to engage in an offensive or criminal course of
conduct or that the public good requires revocation of probation, the court may
revoke probation. requiring the agreement of
the probationer to its granting and continuance.
(2) All
probation orders are revocable in any manner the
court that imposed probation considers applicable either for a violation or
attempted violation of a probation condition or for any other type of
antisocial conduct or action on the probationer's part for which the court
determines that revocation is proper in the public interest. subject to the requirements of section 4b of this
chapter, but revocation of probation, and subsequent incarceration, should be
imposed only for repeated technical violations, for new criminal behavior, as
otherwise allowed in section 4b of this chapter, or upon request of the
probationer. Hearings on the revocation shall must be
summary and informal and not subject to the rules of evidence or of pleadings
applicable in criminal trials.
(3) In
its probation order or by general rule, the court may provide for the
apprehension, detention, and confinement of a probationer accused of violating
a probation condition. or conduct inconsistent with the
public good.
(4) The
method of hearing and presentation of charges are within the court's
discretion, except that the probationer is entitled to a written copy of the
charges constituting the claim that he or she violated probation and to a
probation revocation hearing. The
(5) Subject to
the requirements of section 4b of this chapter, the court may
investigate and enter a disposition of the probationer as the court determines
best serves the public interest. If a probation order is revoked, the court may
sentence the probationer in the same manner and to the same penalty as the court
might have done if the probation order had never been made.
(6) 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.
Sec. 4b. (1)
Except as otherwise provided in this section, beginning on January 1, 2018, a probationer who
commits a technical probation violation and is
sentenced to temporary incarceration in
a state or local correctional or detention facility may be
incarcerated for a maximum of 30 days for each
technical violation . A
probationer must not be given credit for any time served on a previous
technical violation. After a probationer serves the period of temporary
incarceration under this section, he or she may be returned to probation under
the terms of his or her original probation order or under a new probation order
at the discretion of the court.
(2) The limit on temporary incarceration under subsection (1) does not apply to a probationer who has committed 3 or more technical probation violations during the course of his or her probation.
(3) The court may extend the period of temporary incarceration under subsection (1) to not more than 90 days if a probationer has been ordered to attend a treatment program as part of his or her probation but for which a treatment bed is not currently available; however, the period of temporary incarceration imposed under subsection (1) must not extend beyond 90 days.
(4) This section does not prohibit the court from revoking a probationer's probation and sentencing the probationer under section 4 for a probation violation, including, but not limited to, a technical probation violation at any time during the course of probation.as follows:
(a) For a technical violation committed by an individual who is on probation because he or she was convicted of or pleaded guilty to a misdemeanor:
(i) For a first violation, jail incarceration for not more than 5 days.
(ii) For a second violation, jail incarceration for not more than 10 days.
(iii) For a third violation, jail incarceration for not more than 15 days.
(iv) For a fourth or subsequent violation, jail incarceration for any number of days, but not exceeding the total of the remaining eligible jail sentence.
(b) For a technical violation committed by an individual who is on probation because he or she was convicted of or pleaded guilty to a felony:
(i) For a first violation, jail incarceration for not more than 15 days.
(ii) For a second violation, jail incarceration for not more than 30 days.
(iii) For a third violation, jail incarceration for not more than 45 days.
(iv) For a fourth or subsequent violation, jail or prison incarceration
for any number of days, but not exceeding the total of the remaining eligible
jail or prison sentence.
(2) A probationer may acknowledge a technical probation violation in writing without a hearing before the court being required.
(3) A jail sanction under subsection (1)(a) or (b) may be extended to not more than 45 days if the probationer is awaiting placement in a treatment facility and does not have a safe alternative location to await treatment.
(4) Subject to the exception in subsection (6), the court shall not revoke probation on the basis of a technical probation violation unless a probationer has already been sanctioned for 3 or more technical probation violations and commits a new technical probation violation.
(5) If more than 1 technical probation violation arises out of the same transaction, the court shall treat the technical probation violations as a single technical probation violation for purposes of this section.
(6) Subsection (1) does not apply to a probationer who is on probation for a domestic violence violation of section 81 or 81a, an offense involving domestic violence as that term is defined in section 1 of 1978 PA 389, MCL 400.1501, or a violation of section 411h or 411i of the Michigan penal code, 1931 PA 328, MCL 750.81, 750.81a, 750.411h, and 750.411i.
(7) Except as
otherwise provided in this subsection, there is a rebuttable presumption that the
court shall not issue a warrant for arrest for a technical probation violation
and shall issue a summons or order to show cause to the probationer instead. The
court may overcome the presumption and issue a warrant if it states on the
record a specific reason to suspect that 1 or more of the following apply:
(a) The
probationer presents an immediate danger to himself or herself, another person,
or the public.
(b) The
probationer has left court-ordered inpatient treatment without the court's or the
treatment facility's permission.
(c) A summons or order to show cause has already been issued for the technical probation violation and the probationer failed to appear as ordered.
(8) A probationer who is arrested and detained for a technical probation violation must be brought to a hearing on the technical probation violation as soon as is possible. If the hearing is not held within the applicable and permissible jail sanction, as determined under subsection (1)(a) or (b), the probationer must be returned to community supervision.
(9) (7) As used in this section: , "technical
(a) "Absconding" means the intentional failure of a probationer to report to his or her supervising agent or to advise his or her supervising agent of his or her whereabouts for a continuous period of not less than 60 days.
(b)
"Technical probation violation" means a violation of the terms of a probationer's
probation order that is not listed below, including missing or failing a drug
test, subparagraph (ii) notwithstanding. Technical probation violations do
not include the following:
(i) A violation of the terms of a probationer's probation an order that is not a violation of an order of the court requiring that the probationer have no contact with a named individual. or that is not a
(ii) A violation of a law of this state, a
political subdivision of this state, another state, or the United States or of
tribal law, and does not
include the whether or not a
new criminal offense is charged.
(iii) The consumption of alcohol by a probationer who is on probation
for a felony violation of section 625 of the Michigan vehicle code, 1949 PA
300, MCL 257.625.
(iv) Absconding.
