HOUSE BILL No. 4031

 

 

January 10, 2019, Introduced by Rep. Brann and referred to the Committee on Judiciary.

 

      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) and subject to

 

20  subsection (8), the court shall include in each order of probation

 

21  for an individual placed on probation under this section that the

 

22  department of corrections shall collect a probation supervision fee

 

23  of not more than $135.00 $30.00 multiplied by the number of months

 

24  of probation ordered, but not more than 36 months, if the

 

25  individual is placed on probation supervision without an electronic

 

26  monitoring device. If the individual is placed on probation

 

27  supervision under this subsection with an electronic monitoring


 1  device, the court shall include in its order of probation that the

 

 2  department of corrections collect a probation supervision fee of

 

 3  $60.00 multiplied by the number of months of probation ordered, but

 

 4  not more than 36 months. The fee is payable when the probation

 

 5  order is entered, but the fee may be paid in monthly installments

 

 6  if the court approves installment payments for that probationer. In

 

 7  determining the amount of the fee, the court shall consider the

 

 8  probationer's projected income and financial resources. The court

 

 9  shall use the following table of projected monthly income in

 

10  determining the amount of the fee to be ordered:

 

 

11

     Projected Monthly Income        Amount of Fee

12

     $       0-249.99                $ 0.00

13

     $  250.00-499.99                $10.00

14

     $  500.00-749.99                $25.00

15

     $  750.00-999.99                $40.00

16

     $1,000.00 or more               5% of projected monthly

17

                                     income, but not more than

18

                                     $135.00

 

 

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) Beginning on October 1, 2019, and each October 1

 

10  thereafter, the state court administrative office shall determine

 

11  the fee amount for the fees that must be collected under this

 

12  section to ensure that the total funds collected by the department

 

13  of corrections under this section are not less than those collected

 

14  under this section in the fiscal year that immediately preceded the

 

15  year that the amendatory act that added this subsection becomes

 

16  effective.

 

17        (9) As used in this section, "electronic monitoring device"

 

18  includes any electronic device or instrument that is used to track

 

19  the location of an individual, enforce a curfew, or detect the

 

20  presence of alcohol in an individual's body.

 

21                            CHAPTER XI

 

22        Sec. 1. (1) In all prosecutions for felonies, misdemeanors, or

 

23  ordinance violations other than murder, treason, criminal sexual

 

24  conduct in the first or third degree, armed robbery, or major

 

25  controlled substance offenses, if the defendant has been found

 

26  guilty upon verdict or plea and the court determines that the

 

27  defendant is not likely again to engage in an offensive or criminal


 1  course of conduct and that the public good does not require that

 

 2  the defendant suffer the penalty imposed by law, the court may

 

 3  place the defendant on probation under the charge and supervision

 

 4  of a probation officer.

 

 5        (2) In an action in which the court may place the defendant on

 

 6  probation, the court may delay sentencing the defendant for not

 

 7  more than 1 year to give the defendant an opportunity to prove to

 

 8  the court his or her eligibility for probation or other leniency

 

 9  compatible with the ends of justice and the defendant's

 

10  rehabilitation, such as participation in a drug treatment court

 

11  under chapter 10A of the revised judicature act of 1961, 1961 PA

 

12  236, MCL 600.1060 to 600.1082. 600.1088. When sentencing is

 

13  delayed, the court shall enter an order stating the reason for the

 

14  delay upon the court's records. The delay in passing sentence does

 

15  not deprive the court of jurisdiction to sentence the defendant at

 

16  any time during the period of delay.

 

17        (3) If Except as provided in subsection (6) and subject to

 

18  subsection (5), if a defendant is before the circuit court and the

 

19  court delays imposing sentence under subsection (2), the court

 

20  shall include in the delayed sentence order that the department of

 

21  corrections shall collect a supervision fee of not more than

 

22  $135.00 $30.00 multiplied by the number of months of delay ordered,

 

23  but not more than 12 months, if the individual is placed on

 

24  supervision without electronic monitoring. If the individual is

 

25  placed on supervision with an electronic monitoring device under

 

26  this subsection, the court shall include in the delayed sentence

 

27  order that the department of corrections collect a supervision fee


 1  of $60.00 multiplied by the number of months of supervision ordered

 

 2  under the delay of sentence, but not more than 12 months. The fee

 

 3  is payable when the delayed sentence order is entered, but the fee

 

 4  may be paid in monthly installments if the court approves

 

 5  installment payments for that defendant. In determining the amount

 

 6  of the fee, the court shall consider the defendant's projected

 

 7  income and financial resources. The court shall use the following

 

 8  table of projected monthly income in determining the amount of the

 

 9  fee to be ordered:

 

 

10

     Projected Monthly Income        Amount of Fee

11

     $       0-249.99                $ 0.00

12

     $  250.00-499.99                $10.00

13

     $  500.00-749.99                $25.00

14

     $  750.00-999.99                $40.00

15

     $1,000.00 or more               5% of projected monthly

16

                                     income, but not more than

17

                                     $135.00

 

 

18        The court may order a higher amount than indicated by the

 

19  table, up to the maximum of $135.00 multiplied by the number of

 

20  months of delay ordered but not more than 12 months, if the court

 

21  determines that the defendant has sufficient assets or other

 

22  financial resources to warrant the higher amount. If the court

 

23  orders a higher amount, the amount and the reasons for ordering

 

24  that amount shall be stated in the court order. The fee shall must

 

25  be collected as provided in section 25a of the corrections code of

 

26  1953, 1953 PA 232, MCL 791.225a. A person shall must not be subject

 

27  to more than 1 supervision fee at the same time. If a supervision


 1  fee is ordered for a person for any month or months during which

 

 2  that person already is subject to a supervision fee, the court

 

 3  shall waive the fee having the shorter remaining duration.

 

 4        (4) This section does not apply to a juvenile placed on

 

 5  probation and committed under section 1(3) or (4) of chapter IX to

 

 6  an institution or agency described in the youth rehabilitation

 

 7  services act, 1974 PA 150, MCL 803.301 to 803.309.

 

 8        (5) Beginning on October 1, 2019, and each October 1

 

 9  thereafter, the state court administrative office shall determine

 

10  the fee amount for the fees that must be collected under this

 

11  section to ensure that the total funds collected by the department

 

12  of corrections under this section are not less than those collected

 

13  under this section in the fiscal year that immediately preceded the

 

14  year that the amendatory act that added this subsection becomes

 

15  effective.

 

16        (6) The court may waive the fee required to be collected under

 

17  this section if the court determines the supervised individual is

 

18  indigent.

 

19        (7) As used in this section, "electronic monitoring device"

 

20  includes any electronic device or instrument that is used to track

 

21  the location of an individual, enforce a curfew, or detect the

 

22  presence of alcohol in an individual's body.

 

23        Sec. 3c. (1) The Except as provided in subsection (2) and

 

24  subject to subsection (5), the circuit court shall include in each

 

25  order of probation for a defendant convicted of a crime that the

 

26  department of corrections shall collect a probation supervision fee

 

27  of not more than $135.00 $30.00 multiplied by the number of months


 1  of probation ordered, but not more than 60 months, if a defendant

 

 2  is placed on probation supervision without an electronic monitoring

 

 3  device. If a defendant is placed on probation supervision with an

 

 4  electronic monitoring device under this subsection, the circuit

 

 5  court's order shall include in its order that the department of

 

 6  corrections collect a probation supervision fee of $60.00

 

 7  multiplied by the number of months of probation ordered, but not

 

 8  more than 60 months. The fee is payable when the probation order is

 

 9  entered, but the fee may be paid in monthly installments if the

 

10  court approves installment payments for that probationer. In

 

11  determining the amount of the fee, the court shall consider the

 

12  probationer's projected income and financial resources. The court

 

13  shall use the following table of projected monthly income in

 

14  determining the amount of the fee to be ordered:

 

 

15

     Projected Monthly Income        Amount of Fee

16

     $       0-249.99                $ 0.00

17

     $  250.00-499.99                $10.00

18

     $  500.00-749.99                $25.00

19

     $  750.00-999.99                $40.00

20

     $1,000.00 or more               5% of projected monthly

21

                                     income, but not more than

22

                                     $135.00

 

 

23        The court may order a higher amount than indicated by the

 

24  table, up to the maximum of $135.00 multiplied by the number of

 

25  months of probation ordered, but not more than 60 months, if the

 

26  court determines that the probationer has sufficient assets or

 

27  other financial resources to warrant the higher amount. If the


 1  court orders a higher amount, the amount and the reasons for

 

 2  ordering that amount shall be stated in the court order. The fee

 

 3  shall must be collected as provided in section 25a of the

 

 4  corrections code of 1953, 1953 PA 232, MCL 791.225a. A person shall

 

 5  must not be subject to more than 1 supervision fee at the same

 

 6  time. If a supervision fee is ordered for a person for any month or

 

 7  months during which that person already is subject to a supervision

 

 8  fee, the court shall waive the fee having the shorter remaining

 

 9  duration.

 

10        (2) The circuit court may waive the fee required to be

 

11  collected under this section if the court determines that the

 

12  supervised individual is indigent.

 

13        (3) (2) If a person who is subject to a probation supervision

 

14  fee is also subject to any combination of fines, costs, restitution

 

15  orders, assessments, or payments arising out of the same criminal

 

16  proceeding, the allocation of money collected for those obligations

 

17  shall must be as otherwise provided in section 22 of chapter XV.

 

18        (4) (3) This section does not apply to a juvenile placed on

 

19  probation and committed under section 1(3) or (4) of chapter IX to

 

20  an institution or agency described in the youth rehabilitation

 

21  services act, 1974 PA 150, MCL 803.301 to 803.309.

 

22        (5) Beginning on October 1, 2019, and each October 1

 

23  thereafter, the state court administrative office shall determine

 

24  the fee amount for the fees required to be collected under this

 

25  section to ensure that the total funds collected by the department

 

26  of corrections under this section are not less than those collected

 

27  under this section in the fiscal year that immediately preceded the


 1  year that the amendatory act that added this subsection becomes

 

 2  effective.

 

 3        (6) As used in this section, "electronic monitoring device"

 

 4  includes any electronic device or instrument that is used to track

 

 5  the location of an individual, enforce a curfew, or detect the

 

 6  presence of alcohol in an individual's body.

 

 7        Enacting section 1. This amendatory act takes effect 90 days

 

 8  after the date it is enacted into law.

 

 9        Enacting section 2. This amendatory act does not take effect

 

10  unless Senate Bill No.____ or House Bill No. 4032 (request no.

 

11  00161'19 a) of the 100th Legislature is enacted into law.