HOUSE BILL No. 4266
February 11, 1997, Introduced by Reps. Gire, Hale, Bogardus, McBryde, Schauer, DeHart, Baird, Callahan, Freeman, Oxender, LaForge and Goschka and referred to the Committee on Corrections.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 3 of chapter XI (MCL 771.3), as amended by
1994 PA 445.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 CHAPTER XI
2 Sec. 3. (1) The sentence of probation shall include all of
3 the following conditions:
4 (a) The probationer shall not, during DURING the term of
5 his or her probation, THE PROBATIONER SHALL NOT violate any crim-
6 inal law of this state, the United States, or another state or
7 any ordinance of any municipality in this state or another
8 state.
9 (b) The probationer shall not, during DURING the term of
10 his or her probation, THE PROBATIONER SHALL NOT leave the state
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1 without the consent of the court granting his or her application
2 for probation.
3 (c) The probationer shall report to the probation officer,
4 either in person or in writing, monthly or as often as the proba-
5 tion officer requires. This subdivision does not apply to a
6 juvenile placed on probation and committed under section 1(3) or
7 (4) of chapter IX to a state institution or agency described in
8 the youth rehabilitation services act, Act No. 150 of the Public
9 Acts of 1974, being sections 803.301 to 803.309 of the Michigan
10 Compiled Laws 1974 PA 150, MCL 803.301 TO 803.309.
11 (d) The probationer, if IF convicted of a felony, THE
12 PROBATIONER shall pay a probation supervision fee as prescribed
13 in section 3c of this chapter.
14 (e) The probationer shall pay restitution to the victim of
15 the defendant's course of conduct giving rise to the conviction
16 or to the victim's estate as provided in chapter IX. An order
17 for payment of restitution may be modified and shall be enforced
18 as provided in chapter IX.
19 (f) The probationer shall pay an assessment ordered under
20 section 5 of Act No. 196 of the Public Acts of 1989, being sec-
21 tion 780.905 of the Michigan Compiled Laws 1989 PA 196, MCL
22 780.905.
23 (g) Beginning October 1, 1995, if IF the probationer is
24 required to be registered pursuant to UNDER the sex offenders
25 registration act, Act No. 295 of the Public Acts of 1994, being
26 sections 28.721 to 28.732 of the Michigan Compiled Laws 1994 PA
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1 295, MCL 28.721 TO 28.732, the probationer shall comply with that
2 act.
3 (2) As a condition of probation, the court may require the
4 probationer to do 1 or more of the following:
5 (a) Be imprisoned in the county jail for not more than 12
6 months, at the time or intervals, which may be consecutive or
7 nonconsecutive, within the probation as the court determines.
8 However, the period of confinement shall not exceed the maximum
9 period of imprisonment provided for the offense charged if the
10 maximum period is less than 12 months. The court may permit day
11 parole as authorized under Act No. 60 of the Public Acts of
12 1961, being sections 801.251 to 801.258 of the Michigan Compiled
13 Laws 1962 PA 60, MCL 801.251 TO 801.258. The court may permit a
14 work or school release from jail. This subdivision does not
15 apply to a juvenile placed on probation and committed under sec-
16 tion 1(3) or (4) of chapter IX to a state institution or agency
17 described in Act No. 150 of the Public Acts of 1974 THE YOUTH
18 REHABILITATION SERVICES ACT, 1974 PA 150, MCL 803.301 TO
19 803.309.
20 (b) Pay immediately or within the period of his or her pro-
21 bation a fine imposed when placed on probation.
22 (c) Pay costs pursuant to subsection (4).
23 (d) Pay any assessment ordered by the court other than an
24 assessment described in subsection (1)(f).
25 (e) Engage in community service.
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1 (f) Agree to pay BY WAGE ASSIGNMENT any restitution,
2 assessment, fine, or cost imposed by the court. by wage
3 assignment.
4 (g) Participate in AND SUCCESSFULLY COMPLETE 1 OR MORE inpa-
5 tient or outpatient REHABILITATIVE PROGRAMS, INCLUDING BUT NOT
6 LIMITED TO ALCOHOL OR drug treatment OR ALCOHOL OR DRUG EDUCATION
7 PROGRAMS.
8 (h) Participate in mental health treatment.
9 (i) Participate in mental health or substance abuse
10 counseling.
11 (j) Participate in a community corrections program.
12 (k) Be under house arrest.
13 (l) Be subject to electronic monitoring.
14 (m) Participate in a residential probation program.
15 (n) Satisfactorily complete a program of incarceration in a
16 special alternative incarceration unit as provided in section 3b
17 of this chapter.
18 (3) Subsection (2) may be applied to a person who is placed
19 on probation for life pursuant to sections 1(4) and 2(3) of this
20 chapter for the first 5 years of that probation.
21 (4) The court may impose other lawful conditions of proba-
22 tion as the circumstances of the case require or warrant , or
23 as in its judgment are proper. If the court requires the proba-
24 tioner to pay costs, the costs shall be limited to expenses spe-
25 cifically incurred in prosecuting the defendant or providing
26 legal assistance to the defendant and supervision of the
27 probationer.
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1 (5) If the court imposes costs as part of a sentence of
2 probation, all of the following apply:
3 (a) The court shall not require a probationer to pay costs
4 unless the probationer is or will be able to pay them during the
5 term of probation. In determining the amount and method of pay-
6 ment of costs, the court shall take into account the
7 PROBATIONER'S financial resources of the probationer and the
8 nature of the burden that payment of costs will impose, with due
9 regard to his or her other obligations.
10 (b) A probationer who is required to pay costs and who is
11 not in willful default of the payment of the costs , at any
12 time, may petition the sentencing judge or his or her successor
13 AT ANY TIME for a remission of the payment of any unpaid portion
14 of those costs. If the court determines that payment of the
15 amount due will impose a manifest hardship on the probationer or
16 his or her immediate family, the court may remit all or part of
17 the amount due in costs or modify the method of payment.
18 (6) If a probationer is required to pay costs as part of a
19 sentence of probation, the court may require payment to be made
20 immediately or the court may provide for payment to be made
21 within a specified period of time or in specified installments.
22 (7) If a probationer is ordered to pay costs as part of a
23 sentence of probation, compliance with that order shall be a con-
24 dition of probation. The court may revoke probation if the pro-
25 bationer fails to comply with the order and if the probationer
26 has not made a good faith effort to comply with the order. In
27 determining whether to revoke probation, the court shall consider
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1 the probationer's employment status, earning ability, and
2 financial resources, the willfulness of the probationer's failure
3 to pay, and any other special circumstances that may have a bear-
4 ing on the probationer's ability to pay. The proceedings pro-
5 vided for in this subsection are in addition to those provided in
6 section 4 of this chapter.
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