BillCam

HOUSE BILL No. 6148

June 12, 2018, Introduced by Rep. Brann and referred to the Committee on Law and Justice.

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:

Projected Monthly Income Amount of Fee

$ 0-249.99 $ 0.00

$ 250.00-499.99 $10.00

$ 500.00-749.99 $25.00

$ 750.00-999.99 $40.00

$1,000.00 or more 5% of projected monthly

income, but not more than

$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:

Projected Monthly Income Amount of Fee

$ 0-249.99 $ 0.00

$ 250.00-499.99 $10.00

$ 500.00-749.99 $25.00

$ 750.00-999.99 $40.00

$1,000.00 or more 5% of projected monthly

income, but not more than

$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:

Projected Monthly Income Amount of Fee

$ 0-249.99 $ 0.00

$ 250.00-499.99 $10.00

$ 500.00-749.99 $25.00

$ 750.00-999.99 $40.00

$1,000.00 or more 5% of projected monthly

income, but not more than

$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. 6149 (request no.

11 05661'18 a) of the 99th Legislature is enacted into law.