House Introduced Bill 6130

HOUSE BILL No. 6130

September 17, 1998, Introduced by Reps. Brewer and Frank and referred to the Committee on Judiciary.

A bill to amend 1927 PA 175, entitled

"The code of criminal procedure,"

by amending section 3 of chapter IX, section 3 of chapter XI,

section 8 of chapter XII, and section 22 of chapter XIV (MCL

769.3, 771.3, 772.8, and 774.22), section 3 of chapter IX as

amended by 1982 PA 470, section 3 of chapter XI as amended by

1994 PA 445, section 8 of chapter XII as amended by 1994 PA 71,

and section 22 of chapter XIV as amended by 1980 PA 506, and by

adding section 1f to chapter IX.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 CHAPTER IX

2 SEC. 1F. (1) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION,

3 THE COURT SHALL ORDER A DEFENDANT SENTENCED UNDER SECTION 1 OF

4 THIS CHAPTER TO PAY THE COSTS OF PROSECUTION.

03583'97 JOJ
2

1 (2) THE COURT SHALL NOT REQUIRE A DEFENDANT TO PAY COSTS

2 UNDER THIS SECTION UNLESS THE DEFENDANT IS OR WILL BE ABLE TO PAY

3 THEM DURING THE SENTENCE TERM. IN DETERMINING THE AMOUNT AND

4 METHOD OF PAYMENT OF COSTS, THE COURT SHALL TAKE INTO ACCOUNT THE

5 DEFENDANT'S FINANCIAL RESOURCES AND THE NATURE OF THE BURDEN THAT

6 PAYMENT OF COSTS WILL IMPOSE, WITH DUE REGARD TO HIS OR HER OTHER

7 OBLIGATIONS.

8 (3) A DEFENDANT WHO IS REQUIRED TO PAY COSTS UNDER THIS SEC-

9 TION AND WHO IS NOT IN WILLFUL DEFAULT OF THE PAYMENT OF THE

10 COSTS MAY PETITION THE SENTENCING JUDGE OR HIS OR HER SUCCESSOR

11 AT ANY TIME FOR A REMISSION OF THE PAYMENT OF ANY UNPAID PORTION

12 OF THOSE COSTS. IF THE COURT DETERMINES THAT PAYMENT OF THE

13 AMOUNT DUE WILL IMPOSE A MANIFEST HARDSHIP ON THE DEFENDANT OR

14 HIS OR HER IMMEDIATE FAMILY, THE COURT MAY REMIT ALL OR PART OF

15 THE AMOUNT DUE IN COSTS OR MODIFY THE METHOD OF PAYMENT.

16 (4) IF A DEFENDANT IS REQUIRED TO PAY COSTS UNDER THIS SEC-

17 TION, THE COURT MAY REQUIRE PAYMENT TO BE MADE IMMEDIATELY OR MAY

18 PROVIDE FOR PAYMENT TO BE MADE WITHIN A SPECIFIED PERIOD OF TIME

19 OR IN SPECIFIED INSTALLMENTS.

20 Sec. 3. (1) If a person is convicted of an offense punish-

21 able at the discretion of the court, either by A fine or

22 imprisonment, OR BOTH, the court may award against the offender

23 IMPOSE a conditional sentence and order the person to pay a fine,

24 with or without the costs of prosecution, within a limited time

25 to be expressed STATED in the sentence , and, in default of

26 payment, COMMIT THE PERSON to suffer the imprisonment as is

27 provided by law and awarded IMPOSED by the court.

03583'97
3

1 (2) Except for a person who is convicted of criminal sexual

2 conduct in the first or third degree, the court may also place

3 the offender on probation with the condition that the offender

4 pay a fine, costs, damages, or any combination in installments

5 with any limited time and may, in case of the UPON default in

6 any of such payments, impose such sentence as is provided by

7 law.

8 (3) THE COURT SHALL NOT REQUIRE A DEFENDANT TO PAY COSTS

9 UNDER THIS SECTION UNLESS THE DEFENDANT IS OR WILL BE ABLE TO PAY

10 THEM DURING THE CONDITIONAL SENTENCE. IN DETERMINING THE AMOUNT

11 AND METHOD OF PAYMENT OF COSTS, THE COURT SHALL TAKE INTO ACCOUNT

12 THE DEFENDANT'S FINANCIAL RESOURCES AND THE NATURE OF THE BURDEN

13 THAT PAYMENT OF COSTS WILL IMPOSE, WITH DUE REGARD TO HIS OR HER

14 OTHER OBLIGATIONS.

15 (4) A DEFENDANT WHO IS REQUIRED TO PAY COSTS UNDER THIS SEC-

16 TION AND WHO IS NOT IN WILLFUL DEFAULT OF THE PAYMENT OF THE

17 COSTS MAY PETITION THE SENTENCING JUDGE OR HIS OR HER SUCCESSOR

18 AT ANY TIME FOR A REMISSION OF THE PAYMENT OF ANY UNPAID PORTION

19 OF THOSE COSTS. IF THE COURT DETERMINES THAT PAYMENT OF THE

20 AMOUNT DUE WILL IMPOSE A MANIFEST HARDSHIP ON THE DEFENDANT OR

21 HIS OR HER IMMEDIATE FAMILY, THE COURT MAY REMIT ALL OR PART OF

22 THE AMOUNT DUE IN COSTS OR MODIFY THE METHOD OF PAYMENT.

23 (5) IF A DEFENDANT IS REQUIRED TO PAY COSTS AS PART OF A

24 CONDITIONAL SENTENCE, THE COURT MAY REQUIRE PAYMENT TO BE MADE

25 IMMEDIATELY OR MAY PROVIDE FOR PAYMENT TO BE MADE WITHIN A SPECI-

26 FIED PERIOD OF TIME OR IN SPECIFIED INSTALLMENTS.

03583'97
4

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

11 without the consent of the court granting his or her application

12 for probation.

13 (c) The probationer shall report to the probation officer,

14 either in person or in writing, monthly or as often as the proba-

15 tion officer requires. This subdivision does not apply to a

16 juvenile placed on probation and committed under section 1(3) or

17 (4) of chapter IX to a state institution or agency described in

18 the youth rehabilitation services act, Act No. 150 of the Public

19 Acts of 1974, being sections 803.301 to 803.309 of the Michigan

20 Compiled Laws 1974 PA 150, MCL 803.301 TO 803.309.

21 (d) The probationer, if IF convicted of a felony, THE

22 PROBATIONER shall pay a probation supervision fee as prescribed

23 in section 3c of this chapter.

24 (e) The probationer shall pay restitution to the victim of

25 the defendant's course of conduct giving rise to the conviction

26 or to the victim's estate as provided in chapter IX. An order

03583'97
5

1 for payment of restitution may be modified and shall be enforced

2 as provided in chapter IX.

3 (f) The probationer shall pay an assessment ordered under

4 section 5 of Act No. 196 of the Public Acts of 1989, being sec-

5 tion 780.905 of the Michigan Compiled Laws 1989 PA 196, MCL

6 780.905.

7 (G) THE PROBATIONER SHALL PAY THE COSTS OF THE PROSECUTION

8 GIVING RISE TO THE CONVICTION. THE COURT MAY ALLOW THE PROBA-

9 TIONER TO PAY THOSE COSTS IN INSTALLMENTS AS PROVIDED IN THE

10 ORDER.

11 (H) (g) Beginning October 1, 1995, if IF the probationer

12 is required to be registered pursuant to UNDER the sex offend-

13 ers registration act, Act No. 295 of the Public Acts of 1994,

14 being sections 28.721 to 28.732 of the Michigan Compiled Laws

15 1994 PA 295, MCL 28.721 TO 28.732, the probationer shall comply

16 with that act.

17 (2) As a condition of probation, the court may require the

18 probationer to do 1 or more of the following:

19 (a) Be imprisoned in the county jail for not more than 12

20 months, at the time or intervals, which may be consecutive or

21 nonconsecutive, within the probation as the court determines.

22 However, the period of confinement shall not exceed the maximum

23 period of imprisonment provided for the offense charged if the

24 maximum period is less than 12 months. The court may permit day

25 parole as authorized under Act No. 60 of the Public Acts of

26 1961, being sections 801.251 to 801.258 of the Michigan Compiled

27 Laws 1962 PA 60, MCL 801.251 TO 801.258. The court may permit a

03583'97
6

1 work or school release from jail. This subdivision does not

2 apply to a juvenile placed on probation and committed under sec-

3 tion 1(3) or (4) of chapter IX to a state institution or agency

4 described in Act No. 150 of the Public Acts of 1974 THE YOUTH

5 REHABILITATION SERVICES ACT, 1974 PA 150, MCL 803.301 TO

6 803.309.

7 (b) Pay immediately or within the period of his or her pro-

8 bation a fine imposed when placed on probation.

9 (c) Pay costs OTHER THAN THE COSTS OF PROSECUTION DESCRIBED

10 IN SUBSECTION (1)(G) pursuant to subsection (4).

11 (d) Pay any assessment ordered by the court other than an

12 assessment described in subsection (1)(f).

13 (e) Engage in community service.

14 (f) Agree to pay BY WAGE ASSIGNMENT any restitution, assess-

15 ment, fine, or cost imposed by the court. by wage assignment.

16 (g) Participate in inpatient or outpatient drug treatment.

17 (h) Participate in mental health treatment.

18 (i) Participate in mental health or substance abuse

19 counseling.

20 (j) Participate in a community corrections program.

21 (k) Be under house arrest.

22 (l) Be subject to electronic monitoring.

23 (m) Participate in a residential probation program.

24 (n) Satisfactorily complete a program of incarceration in a

25 special alternative incarceration unit as provided in section 3b

26 of this chapter.

03583'97
7

1 (3) Subsection (2) may be applied to a person who is placed

2 on probation for life pursuant to sections 1(4) and 2(3) of this

3 chapter for the first 5 years of that probation.

4 (4) The court may impose other lawful conditions of proba-

5 tion as the circumstances of the case require or warrant , or

6 as in its judgment are proper. If the court requires the proba-

7 tioner to pay costs OTHER THAN THOSE DESCRIBED IN SUBSECTION

8 (1)(G), the costs shall be limited to expenses specifically

9 incurred in prosecuting the defendant or providing legal

10 assistance to the defendant and supervision of the probationer.

11 (5) If the court imposes costs as part of a sentence of pro-

12 bation, all of the following apply:

13 (a) The court shall not require a probationer to pay costs

14 unless the probationer is or will be able to pay them during the

15 term of probation. In determining the amount and method of pay-

16 ment of costs, the court shall take into account the

17 PROBATIONER'S financial resources of the probationer and the

18 nature of the burden that payment of costs will impose, with due

19 regard to his or her other obligations.

20 (b) A probationer who is required to pay costs and who is

21 not in willful default of the payment of the costs , at any

22 time, may petition the sentencing judge or his or her successor

23 AT ANY TIME for a remission of the payment of any unpaid portion

24 of those costs. If the court determines that payment of the

25 amount due will impose a manifest hardship on the probationer or

26 his or her immediate family, the court may remit all or part of

27 the amount due in costs or modify the method of payment.

03583'97
8

1 (6) If a probationer is required to pay costs as part of a

2 sentence of probation, the court may require payment to be made

3 immediately or the court may provide for payment to be made

4 within a specified period of time or in specified installments.

5 (7) If a probationer is ordered to pay costs as part of a

6 sentence of probation, compliance with that order shall be a con-

7 dition of probation. The court may revoke probation if the pro-

8 bationer fails to comply with the order and if the probationer

9 has not made a good faith effort to comply with the order. In

10 determining whether to revoke probation, the court shall consider

11 the probationer's employment status, earning ability, and finan-

12 cial resources, the willfulness of the probationer's failure to

13 pay, and any other special circumstances that may have a bearing

14 on the probationer's ability to pay. The proceedings provided

15 for in this subsection are in addition to those provided in sec-

16 tion 4 of this chapter.

17 CHAPTER XII

18 Sec. 8. (1) If an order respecting costs is not made by the

19 court, costs shall be allowed and paid in the same manner as

20 costs in a prosecution of a minor offense in the same court. If

21 a person is required to give security to keep the peace, the

22 court may further SHALL order that the costs of prosecution or

23 any part of those costs be paid by that person.

24 (2) The person shall be committed until the costs are paid

25 or until the person is otherwise legally discharged. HOWEVER,

26 THE COURT SHALL NOT REQUIRE A PERSON TO PAY COSTS UNLESS THE

27 PERSON IS OR WILL BE ABLE TO PAY THEM. IN DETERMINING THE AMOUNT

03583'97
9

1 AND METHOD OF PAYMENT OF COSTS, THE COURT SHALL TAKE INTO ACCOUNT

2 THE PERSON'S FINANCIAL RESOURCES AND THE NATURE OF THE BURDEN

3 THAT PAYMENT OF COSTS WILL IMPOSE, WITH DUE REGARD TO HIS OR HER

4 OTHER OBLIGATIONS.

5 (3) A PERSON WHO IS REQUIRED TO PAY COSTS UNDER THIS SECTION

6 AND WHO IS NOT IN WILLFUL DEFAULT OF THE PAYMENT OF THE COSTS MAY

7 PETITION THE SENTENCING JUDGE OR HIS OR HER SUCCESSOR AT ANY TIME

8 FOR A REMISSION OF THE PAYMENT OF ANY UNPAID PORTION OF THOSE

9 COSTS. IF THE COURT DETERMINES THAT PAYMENT OF THE AMOUNT DUE

10 WILL IMPOSE A MANIFEST HARDSHIP ON THE PERSON OR HIS OR HER IMME-

11 DIATE FAMILY, THE COURT MAY REMIT ALL OR PART OF THE AMOUNT DUE

12 IN COSTS OR MODIFY THE METHOD OF PAYMENT.

13 (4) THE COURT MAY REQUIRE PAYMENT OF COSTS TO BE MADE IMME-

14 DIATELY OR MAY PROVIDE FOR PAYMENT TO BE MADE WITHIN A SPECIFIED

15 PERIOD OF TIME OR IN SPECIFIED INSTALLMENTS.

16 CHAPTER XIV

17 Sec. 22. (1) If the accused is tried and found guilty in a

18 municipal court , either by the court or by a jury , or is

19 convicted upon a plea of guilty OR NOLO CONTENDERE, the court

20 shall render ENTER A judgment and sentence the accused ,

21 either by a fine , OR imprisonment, or both. , as the case

22 may require. The court SHALL also may order the accused to pay

23 the costs of prosecution and MAY ORDER THE ACCUSED TO PAY other

24 reasonable costs and expenses, direct and indirect, as TO WHICH

25 the public has been put to in connection with the offense, not

26 to exceed $15.00 FOR THE OTHER COSTS AND EXPENSES in a criminal

03583'97
10

1 case. The punishment provided for by the sentence shall not

2 exceed the limit fixed by law for the offense charged.

3 (2) THE COURT SHALL NOT REQUIRE A DEFENDANT TO PAY COSTS

4 UNDER THIS SECTION UNLESS THE DEFENDANT IS OR WILL BE ABLE TO PAY

5 THEM DURING THE SENTENCE TERM. IN DETERMINING THE AMOUNT AND

6 METHOD OF PAYMENT OF COSTS, THE COURT SHALL TAKE INTO ACCOUNT THE

7 DEFENDANT'S FINANCIAL RESOURCES AND THE NATURE OF THE BURDEN THAT

8 PAYMENT OF COSTS WILL IMPOSE, WITH DUE REGARD TO HIS OR HER OTHER

9 OBLIGATIONS.

10 (3) A DEFENDANT WHO IS REQUIRED TO PAY COSTS UNDER THIS SEC-

11 TION AND WHO IS NOT IN WILLFUL DEFAULT OF THE PAYMENT OF THE

12 COSTS 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 DEFENDANT 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 (4) IF A DEFENDANT IS REQUIRED TO PAY COSTS AS PART OF THE

19 SENTENCE, THE COURT MAY REQUIRE PAYMENT TO BE MADE IMMEDIATELY OR

20 MAY PROVIDE FOR PAYMENT TO BE MADE WITHIN A SPECIFIED PERIOD OF

21 TIME OR IN SPECIFIED INSTALLMENTS.

03583'97 Final page. JOJ