SB-0013, As Passed Senate, February 2, 2017

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 13

 

 

January 18, 2017, Introduced by Senators PROOS, O'BRIEN, COLBECK, KNOLLENBERG, BOOHER, JONES, HORN, SCHUITMAKER, BRANDENBURG, HANSEN, KOWALL, GREGORY, JOHNSON and WARREN and referred to the Committee on Michigan Competitiveness.

 

 

     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 provided in subsection (2), 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 no

 

more than 30 days. After a probationer serves the period of

 

temporary incarceration under this subsection, 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 5 or more

 

technical probation violations.

 

     (3) 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.

 

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

 

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

 

that is not in and of itself a violation of a law of this state, a

 

political subdivision of this state, another state, or the United

 

States or of tribal law.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.