Bill Text: MI SB1090 | 2025-2026 | 103rd Legislature | Introduced
Bill Title: Courts: funding; trial court funding; provide for. TIE BAR WITH: SB 1089'26
Sponsorship: Slight Partisan Bill (Democrat 3-1)
Status: (Introduced) 2026-07-02 - Referred To Committee On Civil Rights, Judiciary, And Public Safety [SB1090 Detail]
Download: Michigan-2025-SB1090-Introduced.html
SENATE BILL NO. 1090
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 13 of chapter II, sections 1k and 5 of chapter IX, and sections 1, 3, 3c, and 3e of chapter XI (MCL 762.13, 769.1k, 769.5, 771.1, 771.3, 771.3c, and 771.3e), section 13 of chapter II and sections 1 and 3c of chapter XI as amended by 2019 PA 165, section 1k of chapter IX as amended by 2024 PA 38, section 5 of chapter IX as amended by 2020 PA 395, section 3 of chapter XI as amended by 2020 PA 397, and section 3e of chapter XI as added by 2012 PA 610.
the people of the state of michigan enact:
Sec. 13. (1) If an individual is assigned to the status of a youthful trainee and the underlying charge is an offense punishable by imprisonment for a term of more than 1 year, the court shall do 1 of the following:
(a) Except as provided in subsection (2), commit the individual to the department of corrections for custodial supervision and training for not more than 2 years. If the individual is less than 21 years of age, he or she the individual must be committed to an institutional facility designated by the department for that purpose.
(b) Place the individual on probation for not more than 3 years subject to probation conditions as provided in section 3 of chapter XI. The terms and conditions of probation may include 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.
(c) Commit the individual to the county jail for not more than 1 year.
(d) Except as provided in subsection (2), commit the individual to the department of corrections under subdivision (a) or to the county jail under subdivision (c), and then place the individual on probation for not more than 1 year subject to probation conditions as provided in section 3 of chapter XI.
(2) An individual assigned to the status of youthful trainee must not be committed to the department of corrections for custodial supervision and training under subsection (1)(a) or (d) if the underlying charge is for a violation of any of the following:
(a) Article 7 of the public health code, 1978 PA 368, MCL 333.7101 to 333.7545.
(b) Section 110, 110a(4), 157n to 157v, 157w(1)(c), 227, 356, 357, 413, 530, or 535(3) or (7) of the Michigan penal code, 1931 PA 328, MCL 750.110, 750.110a, 750.157n to 750.157v, 750.157w, 750.227, 750.356, 750.357, 750.413, 750.530, and 750.535.
(3) If an individual is assigned to the status of youthful trainee and the underlying charge is for an offense punishable by imprisonment for 1 year or less, the court shall place the individual on probation for not more than 2 years, subject to probation conditions as provided in section 3 of chapter XI.
(4) An individual placed on probation under this section must be under the supervision of a probation officer. Upon On commitment to and receipt by the department of corrections, a youthful trainee is subject to the direction of the department of corrections. If an individual is placed on probation following a commitment to the department of corrections under subsection (1)(d), a youthful trainee must be reassigned to the supervision of a probation officer.
(5) If an individual is committed to the county jail under subsection (1)(c) or (d) or as a probation condition, the court may authorize work release or release for educational purposes.
(6) Except as provided in subsection (7), the court shall include in each order of probation for an individual placed on probation under this section that the department of corrections collect a probation supervision fee of $30.00 multiplied by the number of months of probation ordered, but not more than 36 months, if the individual is placed on probation supervision without an electronic monitoring device. If the individual is placed on probation supervision under this subsection with an electronic monitoring device, the court shall include in its order of probation that the department of corrections collect a probation supervision fee of $60.00 multiplied by the number of months of probation ordered, but not more than 36 months. The fee is payable when the probation order is entered, but the fee may be paid in monthly installments if the court approves installment payments for that probationer. The fee must be collected as provided in section 25a of the corrections code of 1953, 1953 PA 232, MCL 791.225a. A person An individual must not be subject to more than 1 supervision fee at the same time. If a supervision fee is ordered for a person an individual for any month or months during which that person individual already is subject to a supervision fee, the court shall waive the fee having that has the shorter remaining duration.
(7) The court may shall waive the fee required to be collected under this section if the court determines the supervised individual is indigent under sections 1495 to 1497 of the revised judicature act of 1961, 1961 PA 236, MCL 600.1495 to 600.1497.
(8) 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.
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, the court shall conduct an assessment of indigency in accordance with sections 1495 to 1497 of the revised judicature act of 1961, 1961 PA 236, MCL 600.1495 to 600.1497. If the court finds that the defendant is indigent, the court may order a fine as authorized by 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. The court shall not order any additional costs or assessments under this section for a defendant who is indigent. If the court finds that the defendant is not indigent, both of the following apply at the time of the sentencing or at the time entry of judgment of guilt is deferred by statute or sentencing is delayed 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 December 31, 2026, 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.
(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) 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 must be made available to the public by the secretary of the senate and the clerk of the house of representatives.
(10) A defendant must 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.
Sec. 5. (1) Subject to subsection subsections (3) and (5), if a statute provides that an offense is punishable by imprisonment and a fine, the court may impose imprisonment without the fine or the fine without imprisonment.
(2) Subject to subsection subsections (3) and (5), if a statute provides that an offense is punishable by fine or imprisonment, the court may impose both the fine and imprisonment in its discretion.
(3) There is a rebuttable presumption that the court shall sentence an individual convicted of a misdemeanor, other than a serious misdemeanor, with a fine, community service, or other nonjail or nonprobation sentence.
(4) The court may depart from the presumption under subsection (3) if the court finds reasonable grounds for the departure and states on the record the grounds for the departure.
(5) If the court finds that the sentenced person has not complied with his or her sentence, including a nonjail or nonprobation sentence, the court may issue an order for the person to show cause why he or she should not be held in contempt of court for not complying with the sentence. If the court finds the person in contempt, it may impose an additional sentence, including jail or probation if appropriate.
(6) If the finding of contempt of court under subsection (5) is for nonpayment of fines, costs, or other legal financial obligations, the court must find on the record that the person is able to comply with the payments without manifest hardship, and that the person has not made a good-faith effort to do so, before imposing an additional sentence.
(5) To determine whether to impose a fine under this section, the court shall conduct an indigency assessment and make indigency determination in accordance with sections 1495 to 1497 of the revised judicature act of 1961, 1961 PA 236, MCL 600.1495 to 600.1497.
(6) (7) As used in this section, "serious misdemeanor" means that term as defined in section 61 of the William Van Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.811.
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, 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 An individual must not be subject to more than 1 supervision fee at the same time. If a supervision fee is ordered for a person an individual for any month or months during which that person individual already is subject to a supervision fee, the court shall waive the fee having that has 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 shall waive the fee required to be collected under this section if the court determines the supervised individual is indigent under sections 1495 to 1497 of the revised judicature act of 1961, 1961 PA 236, MCL 600.1495 to 600.1497.
(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.
Sec. 3. (1) The sentence of probation must include all of the following conditions:
(a) During the term of his or her the individual's 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 the individual's probation, the probationer shall not leave the state without the consent of the court granting his or her the individual's application for probation.
(c) The probationer shall report to the probation officer, 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 Except as provided in this subdivision, if sentenced in circuit court, the probationer shall pay a probation supervision fee as prescribed in section 3c of this chapter. The fee under section 3c must not be ordered if the probationer is found to be indigent under sections 1495 to 1497 of the revised judicature act of 1961, 1961 PA 236, MCL 600.1495 to 600.1497.
(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 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.
(e) (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) Subject to subsection (11), (7), 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 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 the individual's existing job or to attend a school in which he or she the individual 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.
(b) (g) Participate in inpatient or outpatient drug treatment, or a drug treatment court under chapter 10A of the revised judicature act of 1961, 1961 PA 236, MCL 600.1060 to 600.1084.
(c) (h) Participate in mental health treatment.
(d) (i) Participate in mental health or substance abuse counseling.
(e) (j) Participate in a community corrections program.
(f) (k) Be under house arrest.
(g) (l) Be subject to electronic monitoring.
(h) (m) Participate in a residential probation program.
(i) (n) Satisfactorily complete a program of incarceration in a special alternative incarceration unit as provided in section 3b of this chapter.
(j) (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.
(k) (q) Complete his or her the individual's high school education or obtain the equivalency of a high school education in the form of a general education development (GED) certificate.
(3) Subject to subsection (11), (7), 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), (2)(j), 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 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 must be a condition of probation. Subject to the requirements of section 4b of this chapter, the court may only sanction a probationer to jail or revoke the probation of a probationer who fails to comply with the order if the probationer has the ability to pay and has not made a 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.
(5) (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 subsection (1), and subject to subsection (11), (7), the conditions of probation described in subsections (2) and (3). The supervision fee in this subsection must not be ordered if the probationer is found to be indigent under sections 1495 to 1497 of the revised judicature act of 1961, 1961 PA 236, MCL 600.1495 to 600.1497.
(6) (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 subsection (1), and subject to subsection (11), (7), the conditions of probation described in subsections (2) and (3).
(7) (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, and must be adjusted if the court determines adjustments are appropriate. The court shall also consider the input of the victim and shall specifically address the harm caused to the victim, as well as the victim's safety needs and other concerns, including, but not limited to, any request for protective conditions or restitution.
Sec. 3c. (1) Except as provided in subsection (2), the circuit court shall include in each order of probation for a defendant convicted of a crime that the department of corrections collect a probation supervision fee of $30.00 multiplied by the number of months of probation ordered, but not more than 60 months, if a defendant is placed on probation supervision without an electronic monitoring device. If a defendant is placed on probation supervision with an electronic monitoring device under this subsection, the circuit court's order court shall include in its order that the department of corrections shall collect a probation supervision fee of $60.00 multiplied by the number of months of probation ordered, but not more than 60 months. The fee is payable when the probation order is entered, but the fee may be paid in monthly installments if the court approves installment payments for that probationer. The fee must be collected as provided in section 25a of the corrections code of 1953, 1953 PA 232, MCL 791.225a. A person An individual must not be subject to more than 1 supervision fee at the same time. If a supervision fee is ordered for a person an individual for any month or months during which that person individual already is subject to a supervision fee, the court shall waive the fee having that has the shorter remaining duration.
(2) The circuit court may shall waive the fee required to be collected under this section if the court determines that the supervised individual is indigent under sections 1495 to 1497 of the revised judicature act of 1961, 1961 PA 236, MCL 600.1495 to 600.1497.
(3) If a person an individual who is subject to a probation supervision fee is also subject to any combination of fines, costs, restitution orders, assessments, or payments arising out of the same criminal proceeding, the allocation of money collected for those obligations must be as otherwise provided in section 22 of chapter XV.
(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) 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.
Sec. 3e. (1) If the court permits an individual convicted of a felony to be released from jail under section 3 of this chapter for purposes of attending work or school, the court shall order the individual to wear an electronic monitoring device on his or her the individual's person that will provide a signal to the county sheriff through the use of the global positioning satellite system or by other means of the individual's movement and location at all times while he or she the individual is on that release. The device shall must be an ankle-worn device approved by the court that provides information to the county sheriff if it is tampered with or removed. The information provided by the electronic monitoring device shall must be recorded and monitored by the county sheriff to ensure the individual's compliance with his or her the individual's work release requirements. The installation, maintenance, monitoring, and removal costs of the electronic monitoring device shall must be paid for by the individual, unless the individual is found to be indigent under sections 1495 to 1497 of the revised judicature act of 1961, 1961 PA 236, MCL 600.1495 to 600.1497, in which case the costs must be waived.
(2) This section applies only if the court has in place a program to provide for the electronic monitoring of individuals placed on probation that complies with the requirements of this section.
Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 1089 of the 103rd Legislature is enacted into law.
