SB-0013, As Passed House, March 8, 2017

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE SUBSTITUTE FOR

 

SENATE BILL NO. 13

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1927 PA 175, entitled

 

"The code of criminal procedure,"

 

(MCL 760.1 to 777.69) by adding section 4b to chapter XI.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

CHAPTER XI

 

     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.

 

     (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,

 

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) As used in this section, "technical probation violation"

 

means a violation of the terms of a probationer's probation 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 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 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.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.