SB-0015, As Passed House, March 8, 2017

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE SUBSTITUTE FOR

 

SENATE BILL NO. 15

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1927 PA 175, entitled

 

"The code of criminal procedure,"

 

by amending section 2 of chapter XI (MCL 771.2), as amended by 2010

 

PA 351.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

CHAPTER XI

 

     Sec. 2. (1) Except as provided in section 2a of this chapter

 

and section 36 of chapter VIII, if the defendant is convicted for

 

of an offense that is not a felony, the probation period shall 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 not exceed 5 years.

 

     (2) Except as provided in subsection (4), section 2a of this

 

chapter, and section 36 of chapter VIII, after the defendant has

 

completed 1/2 of the original felony 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 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.

 

     (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 probationers who were

 

released early from probation under subsection (2).

 

     (4) A defendant who was convicted of 1 or more of the

following crimes is not eligible for reduced probation under

 

subsection (2):

 

     (a) A violation of section 81(5) of the Michigan penal code,

 

1931 PA 328, MCL 750.81.

 

     (b)A violation of section 84 of the Michigan penal code, 1931

 

PA 328, MCL 750.84.

 

     (c) A violation of section 520c of the Michigan penal code,

 

1931 PA 328, MCL 750.520c.

 

     (d) A violation of section 520e of the Michigan penal code,

 

1931 PA 328, MCL 750.520e.

 

     (5) (2) The court shall, by order, to be filed or entered in

 

the cause case as the court may direct directs by general rule or

 

in each case, fix and determine the period and conditions of

 

probation. The order is part of the record in the cause. 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),

 

the period by which that term was reduced must be reported to the

 

department of corrections.

 

     (6) (3) 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 shall must not be reduced

 

other than by a revocation that results in imprisonment or as

 

otherwise provided by law.

     (7) (4) If an individual is placed on probation for a listed

 

offense enumerated 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.

 

     (8) (5) 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.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.