Senate Introduced Bill B01180

SENATE BILL No. 1180

March 28, 2000, Introduced by Senators VAN REGENMORTER, ROGERS, SCHUETTE, BULLARD and MC COTTER and referred to the Committee on Judiciary.

A bill to amend 1985 PA 87, entitled

"Crime victim's rights act,"

by amending sections 2, 3, 5, 6, 8, 11, 13a, 14, 15, 16, 18a, 19,

21, 31, 32, 35, 36, 38, 39, 41, 41a, 42, 43, 44, 46, 46a, 48, 61,

63, 65, 66, 68, 71, 74, 75, 76, 78, and 78a (MCL 780.752,

780.753, 780.755, 780.756, 780.758, 780.761, 780.763a, 780.764,

780.765, 780.766, 780.768a, 780.769, 780.771, 780.781, 780.782,

780.785, 780.786, 780.788, 780.789, 780.791, 780.791a, 780.792,

780.793, 780.794, 780.796, 780.796a, 780.798, 780.811, 780.813,

780.815, 780.816, 780.818, 780.821, 780.824, 780.825, 780.826,

780.828, and 780.828a), sections 2, 6, 13a, 31, 36, 41a, and 48

as amended by 1998 PA 523, sections 3, 5, 18a, 32, 35, 41, 43,

46, 63, 66, and 78 as amended and section 46a as added by 1993

PA 341, sections 16 and 76 as amended by 1998 PA 232, sections 19

and 78a as amended by 1996 PA 105, sections 38, 39, and 42 as

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added by 1988 PA 22, section 44 as amended by 1996 PA 562,

section 61 as amended by 1996 PA 82, and sections 65, 68, 71, 74,

and 75 as added by 1988 PA 21, and by adding sections 16a, 36b,

44a, and 76a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 2. (1) As EXCEPT AS OTHERWISE DEFINED IN THIS ARTI-

2 CLE, AS used in this article:

3 (a) "County juvenile agency" means that term as defined in

4 section 2 of the county juvenile agency act.

5 (b) "Crime" means a violation of a penal law of this state

6 for which the offender, upon conviction, may be punished by

7 imprisonment for more than 1 year or an offense expressly desig-

8 nated by law as a felony.

9 (c) "Defendant" means a person charged with or convicted of

10 committing a crime against a victim.

11 (d) "Final disposition" means the ultimate termination of

12 the criminal prosecution of a defendant including, but not

13 limited to, dismissal, acquittal, or imposition of sentence by

14 the court.

15 (e) "Juvenile" means a person within the jurisdiction of the

16 circuit court under section 606 of the revised judicature act of

17 1961, 1961 PA 236, MCL 600.606.

18 (f) "Juvenile facility" means a county facility, institution

19 operated as an agency of the county or the family division of

20 circuit court, or an institution or agency described in the youth

21 rehabilitation services act, 1974 PA 150, MCL 803.301 to 803.309,

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1 to which a juvenile has been committed or in which a juvenile is

2 detained.

3 (g) "Person" means an individual, organization, partnership,

4 corporation, or governmental entity.

5 (h) "Prisoner" means a person who has been convicted and

6 sentenced to imprisonment or placement in a juvenile facility for

7 having committed a crime or an act that would be a crime if com-

8 mitted by an adult against a victim.

9 (i) "Prosecuting attorney" means the prosecuting attorney

10 for a county, an assistant prosecuting attorney for a county, the

11 attorney general, the deputy attorney general, an assistant

12 attorney general, or a special prosecuting attorney.

13 (j) "Victim" ~~, except as otherwise defined in this~~

14 ~~article,~~ means any of the following:

15 (i) An individual who suffers direct or threatened physical,

16 financial, or emotional harm as a result of the commission of a

17 crime, except as provided in subparagraph (ii), (iii), or (iv).

18 (ii) The following individuals other than the defendant if

19 the victim is deceased:

20 (A) The spouse of the deceased victim.

21 (B) A child of the deceased victim if the child is 18 years

22 of age or older and sub-subparagraph (A) does not apply.

23 (C) A parent of a deceased victim if sub-subparagraphs (A)

24 and (B) do not apply.

25 (D) The guardian or custodian of a child of a deceased

26 victim if the child is less than 18 years of age and

27 sub-subparagraphs (A) to (C) do not apply.

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1 (E) A sibling of the deceased victim if sub-subparagraphs

2 (A) to (D) do not apply.

3 (F) A grandparent of the deceased victim if

4 sub-subparagraphs (A) to (E) do not apply.

5 (iii) A parent, guardian, or custodian of a victim who is

6 less than 18 years of age AND WHO IS NOT THE DEFENDANT AND IS NOT

7 INCARCERATED, if the parent, guardian, or custodian so chooses.

8 (iv) A parent, guardian, or custodian of a victim who is

9 mentally or emotionally unable to participate in the legal pro-

10 cess IF HE OR SHE IS NOT THE DEFENDANT AND IS NOT INCARCERATED.

11 (2) If a victim as defined in subsection (1)(j)(i) is physi-

12 cally or emotionally unable to exercise the privileges and rights

13 under this article, the victim may designate his or her spouse,

14 child 18 years of age or older, parent, sibling, or

15 grandparent, OR ANY OTHER PERSON 18 YEARS OF AGE OR OLDER WHO IS

16 NOT THE DEFENDANT AND IS NOT INCARCERATED to act in his or her

17 place while the physical or emotional disability continues. The

18 victim shall provide the prosecuting attorney with the name of

19 the person who is to act in his or her place. During the physi-

20 cal or emotional disability, notices to be provided under this

21 article to the victim shall continue to be sent only to the

22 victim.

23 (3) AN INDIVIDUAL WHO IS CHARGED WITH A CRIME ARISING OUT OF

24 THE SAME TRANSACTION FROM WHICH THE CHARGE AGAINST THE DEFENDANT

25 AROSE IS NOT ELIGIBLE TO EXERCISE THE PRIVILEGES AND RIGHTS

26 ESTABLISHED FOR VICTIMS UNDER THIS ARTICLE.

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1 (4) AN INDIVIDUAL WHO IS INCARCERATED IS NOT ELIGIBLE TO

2 EXERCISE THE PRIVILEGES AND RIGHTS ESTABLISHED FOR VICTIMS UNDER

3 THIS ARTICLE EXCEPT THAT HE OR SHE MAY SUBMIT A WRITTEN STATEMENT

4 TO THE COURT.

5 Sec. 3. Within 24 hours after the initial contact between

6 the victim of a reported crime and the law enforcement agency

7 having the responsibility for investigating that crime, that

8 agency shall give to the victim the following information in

9 writing:

10 (a) The availability of emergency and medical services, if

11 applicable.

12 (b) The availability of victim's compensation benefits and

13 the address of the crime victims compensation board.

14 (c) The address and telephone number of the prosecuting

15 attorney whom the victim should contact to obtain information

16 about victim's rights.

17 (d) The following ~~statement~~ STATEMENTS:

18 "IF YOU WOULD LIKE TO BE NOTIFIED OF AN ARREST IN YOUR CASE

19 OR THE RELEASE OF THE PERSON ARRESTED, OR BOTH, YOU SHOULD CALL

20 (IDENTIFY LAW ENFORCEMENT AGENCY AND TELEPHONE NUMBER) AND INFORM

21 THEM."

22 "If you are not notified of an arrest in your case, you may

23 call this law enforcement agency at [the law enforcement agency's

24 telephone number] for the status of the case.".

25 Sec. 5. (1) Not later than 24 hours after the arraignment

26 of the defendant for a crime, the law enforcement agency having

27 responsibility for investigating the crime shall give to the

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1 victim notice of the availability of pretrial release for the

2 defendant, the telephone number of the sheriff or juvenile facil-

3 ity, and notice that the victim may contact the sheriff or juve-

4 nile facility to determine whether the defendant has been

5 released from custody. THE LAW ENFORCEMENT AGENCY HAVING RESPON-

6 SIBILITY FOR INVESTIGATING THE CRIME SHALL PROMPTLY NOTIFY THE

7 VICTIM OF THE ARREST OR PRETRIAL RELEASE OF THE DEFENDANT, OR

8 BOTH, IF THE VICTIM REQUESTS OR HAS REQUESTED THAT INFORMATION.

9 IF THE DEFENDANT IS RELEASED FROM CUSTODY BY THE SHERIFF OR JUVE-

10 NILE FACILITY, THE SHERIFF OR JUVENILE FACILITY SHALL NOTIFY THE

11 LAW ENFORCEMENT AGENCY HAVING RESPONSIBILITY FOR INVESTIGATING

12 THE CRIME.

13 (2) Based upon any credible evidence of acts or threats of

14 physical violence or intimidation by the defendant or at the

15 defendant's direction against the victim or the victim's immedi-

16 ate family, the prosecuting attorney may move that the bond or

17 personal recognizance of a defendant be revoked.

18 Sec. 6. (1) Not later than 7 days after the defendant's

19 arraignment for a crime, but not less than 24 hours before a pre-

20 liminary examination, the prosecuting attorney shall give to each

21 victim a written notice in plain English of each of the

22 following:

23 (a) A brief statement of the procedural steps in the pro-

24 cessing of a criminal case.

25 (b) A specific list of the rights and procedures under this

26 article.

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1 (C) A CONVENIENT MEANS FOR THE VICTIM TO NOTIFY THE

2 PROSECUTING ATTORNEY THAT THE VICTIM CHOOSES TO EXERCISE HIS OR

3 HER RIGHTS UNDER THIS ARTICLE.

4 (D) ~~(c)~~ Details and eligibility requirements FOR COMPENSA-

5 TION FROM THE CRIME VICTIMS SERVICES COMMISSION under 1976 PA

6 223, MCL 18.351 to 18.368.

7 (E) ~~(d)~~ Suggested procedures if the victim is subjected to

8 threats or intimidation.

9 (F) ~~(e)~~ The person to contact for further information.

10 (2) If the victim requests, the prosecuting attorney shall

11 give the victim notice of any scheduled court proceedings and any

12 changes in that schedule.

13 (3) Before finalizing any negotiation that may result in a

14 dismissal, plea or sentence bargain, or pretrial diversion, the

15 prosecuting attorney shall offer the victim the opportunity to

16 consult with the prosecuting attorney to obtain the victim's

17 views about the disposition of the prosecution for the crime,

18 including the victim's views about dismissal, plea or sentence

19 negotiations, and pretrial diversion programs.

20 (4) A victim who receives a notice under subsection (1) and

21 who chooses to receive any ~~other~~ notice or ~~notices~~ EXERCISE

22 ANY RIGHT under this article shall keep the following persons

23 informed of the victim's current address and telephone number:

24 (a) The prosecuting attorney, until final disposition or

25 completion of the appellate process, whichever occurs later.

26 (b) The department of corrections or the sheriff as the

27 prosecuting attorney directs if the defendant is imprisoned.

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1 (c) The family independence agency or county juvenile agency

2 as the prosecuting attorney directs if the defendant is held in a

3 juvenile facility.

4 Sec. 8. (1) Based upon the victim's reasonable apprehension

5 of acts or threats of physical violence or intimidation by the

6 defendant or at defendant's direction against the victim or the

7 victim's immediate family, the ~~prosecutor~~ PROSECUTING ATTORNEY

8 may move that the victim or any other witness not be compelled to

9 testify at pretrial proceedings or at trial for purposes of iden-

10 tifying the victim as to the victim's address, place of employ-

11 ment, or other personal identification without the victim's

12 consent. A hearing on the motion shall be in camera.

13 (2) The WORK ADDRESS AND address of the victim shall not be

14 in the court file or ordinary court documents unless contained in

15 a transcript of the trial or it is used to identify the place of

16 the crime. The ~~phone~~ WORK TELEPHONE NUMBER AND TELEPHONE

17 number of the victim shall not be in the court file or ordinary

18 court documents except as contained in a transcript of the

19 trial.

20 (3) PURSUANT TO SECTION 24 OF ARTICLE I OF THE STATE CONSTI-

21 TUTION OF 1963, GUARANTEEING TO CRIME VICTIMS THE RIGHT TO BE

22 TREATED WITH RESPECT FOR THEIR DIGNITY AND PRIVACY, ALL OF THE

23 FOLLOWING INFORMATION AND VISUAL REPRESENTATIONS OF A VICTIM ARE

24 EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, 1976

25 PA 442, MCL 15.231 TO 15.246:

26 (A) THE NAME, HOME ADDRESS, HOME TELEPHONE NUMBER, WORK

27 ADDRESS, AND WORK TELEPHONE NUMBER OF THE VICTIM.

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1 (B) A PICTURE, PHOTOGRAPH, DRAWING, OR OTHER VISUAL

2 REPRESENTATION, INCLUDING ANY FILM, VIDEOTAPE, OR DIGITALLY

3 STORED IMAGE, SHOWING THE VICTIM'S INTIMATE PARTS, OR SHOWING

4 SEXUAL CONTACT OR SEXUAL PENETRATION INVOLVING THE VICTIM. AS

5 USED IN THIS SUBDIVISION, "INTIMATE PARTS", "SEXUAL CONTACT", AND

6 "SEXUAL PENETRATION" HAVE THE MEANINGS GIVEN TO THOSE TERMS IN

7 SECTION 520A OF THE MICHIGAN PENAL CODE, 1931 PA 328, MCL

8 750.520A.

9 Sec. 11. The victim SHALL NOT BE SEQUESTERED AND has the

10 right to be present throughout the DEFENDANT'S entire trial of

11 ~~the defendant, unless the victim is going to be called as a~~

12 ~~witness~~ AND ALL OTHER COURT PROCEEDINGS THAT THE DEFENDANT HAS

13 THE RIGHT TO ATTEND. ~~If the victim is going to be called as a~~

14 ~~witness, the court may, for good cause shown, order the victim to~~

15 ~~be sequestered until the victim first testifies.~~

16 Sec. 13a. When a defendant is sentenced to a term of

17 imprisonment or ordered to be placed in a juvenile facility, the

18 prosecuting attorney shall provide the victim with a form the

19 victim may submit to receive the notices provided for under

20 section 19, {20,} or 20a. The form shall include the address of

21 the department of corrections, the sheriff, the family indepen-

22 dence agency, or the county juvenile agency, as applicable, to

23 which the form may be sent.

24 Sec. 14. The victim has the right to submit or make a writ-

25 ten or oral impact statement to the probation officer for use by

26 that officer in preparing a presentence investigation report

27 concerning the defendant pursuant to section 14 of chapter XI of

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1 the code of criminal procedure, ~~Act No. 175 of the Public Acts~~

2 ~~of 1927, being section 771.14 of the Michigan Compiled Laws~~ 1927

3 PA 175, MCL 771.14. A victim's written statement shall upon the

4 victim's request, be included in the presentence investigation

5 report.

6 Sec. 15. The victim ~~shall have~~ HAS the right to appear

7 and make an oral impact statement at the sentencing of the

8 defendant. IF THE VICTIM IS PHYSICALLY OR EMOTIONALLY UNABLE TO

9 MAKE THE ORAL IMPACT STATEMENT, THE VICTIM MAY DESIGNATE ANY

10 OTHER PERSON 18 YEARS OF AGE OR OLDER WHO IS NOT THE DEFENDANT

11 AND IS NOT SERVING A SENTENCE TO MAKE THE STATEMENT ON HIS OR HER

12 BEHALF. THE OTHER PERSON NEED NOT BE AN ATTORNEY.

13 Sec. 16. (1) For purposes of this section only, "victim"

14 means an individual who suffers direct or threatened physical,

15 financial, or emotional harm as a result of the commission of a

16 crime. For purposes of subsections (2), (3), (6), (8), (9), and

17 (13), victim includes a sole proprietorship, partnership, corpo-

18 ration, association, governmental entity, or any other legal

19 entity that suffers direct physical or financial harm as a result

20 of a crime.

21 (2) Except as provided in subsection (8), when sentencing a

22 defendant convicted of a crime, the court shall order, in addi-

23 tion to or in lieu of any other penalty authorized by law or in

24 addition to any other penalty required by law, that the defendant

25 make full restitution to any victim of the defendant's course of

26 conduct that gives rise to the conviction or to the victim's

27 estate.

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1 (3) If a crime results in damage to or loss or destruction

2 of property of a victim of the crime or results in the seizure or

3 impoundment of property of a victim of the crime, the order of

4 restitution may require that the defendant do 1 or more of the

5 following, as applicable:

6 (a) Return the property to the owner of the property or to a

7 person designated by the owner.

8 (b) If return of the property under subdivision (a) is

9 impossible, impractical, or inadequate, pay an amount equal to

10 the greater of subparagraph (i) or (ii), less the value, deter-

11 mined as of the date the property is returned, of that property

12 or any part of the property that is returned:

13 (i) The value of the property on the date of the damage,

14 loss, or destruction.

15 (ii) The value of the property on the date of sentencing.

16 (c) Pay the costs of the seizure or impoundment, or both.

17 (4) If a crime results in physical or psychological injury

18 to a victim, the order of restitution may require that the

19 defendant do 1 or more of the following, as applicable:

20 (a) Pay an amount equal to the cost of ~~actual~~ medical and

21 related professional services and devices ACTUALLY INCURRED AND

22 REASONABLY EXPECTED TO BE INCURRED relating to physical and psy-

23 chological care.

24 (b) Pay an amount equal to the cost of ~~actual~~ physical and

25 occupational therapy and rehabilitation ACTUALLY INCURRED AND

26 REASONABLY EXPECTED TO BE INCURRED.

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1 (c) Reimburse the victim or the victim's estate for

2 after-tax income loss suffered by the victim as a result of the

3 crime OR, IF THE VICTIM IS LESS THAN 18 YEARS OF AGE OR IS

4 CLAIMED AS A DEPENDENT BY HIS OR HER PARENT OR GUARDIAN ON THE

5 PARENT'S OR GUARDIAN'S FEDERAL INCOME TAX RETURN, AFTER-TAX

6 INCOME LOSS SUFFERED BY THE VICTIM'S PARENT OR GUARDIAN AS A

7 RESULT OF THE CRIME.

8 (d) Pay an amount equal to the cost of psychological and

9 medical treatment for members of the victim's family ~~that has~~

10 ~~been~~ ACTUALLY incurred AND REASONABLY EXPECTED TO BE INCURRED as

11 a result of the crime.

12 (e) Pay an amount equal to the costs of ~~actual~~ homemaking

13 and child care expenses ACTUALLY incurred AND REASONABLY EXPECTED

14 TO BE INCURRED as a result of the crime OR, IF HOMEMAKING OR

15 CHILD CARE IS PROVIDED WITHOUT COMPENSATION BY A RELATIVE,

16 FRIEND, OR ANY OTHER PERSON, AN AMOUNT EQUAL TO THE COSTS THAT

17 WOULD REASONABLY BE INCURRED AS A RESULT OF THE CRIME FOR THAT

18 HOMEMAKING AND CHILD CARE, BASED ON THE RATES IN THE AREA FOR

19 COMPARABLE SERVICES.

20 (F) ~~(5) If a crime resulting in bodily injury also results~~

21 ~~in the death of a victim, the order of restitution may require~~

22 ~~that the defendant pay~~ PAY an amount equal to the cost of actual

23 funeral and related services.

24 (G) IF THE DECEASED VICTIM COULD BE CLAIMED AS A DEPENDENT

25 BY HIS OR HER PARENT OR GUARDIAN ON THE PARENT'S OR GUARDIAN'S

26 FEDERAL, STATE, OR LOCAL INCOME TAX RETURNS, PAY AN AMOUNT EQUAL

27 TO THE LOSS OF THE TAX DEDUCTION. THE AMOUNT OF REIMBURSEMENT

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1 SHALL BE ESTIMATED FOR EACH YEAR THE VICTIM COULD REASONABLY BE

2 CLAIMED AS A DEPENDENT.

3 (5) IF A CRIME RESULTING IN BODILY INJURY ALSO RESULTS IN

4 THE DEATH OF A VICTIM OR SERIOUS IMPAIRMENT OF A BODY FUNCTION OF

5 A VICTIM, THE COURT MAY ORDER UP TO 3 TIMES THE AMOUNT OF RESTI-

6 TUTION OTHERWISE ALLOWED UNDER THIS SECTION. AS USED IN THIS

7 SUBSECTION, "SERIOUS IMPAIRMENT OF A BODY FUNCTION OF A VICTIM"

8 INCLUDES, BUT IS NOT LIMITED TO, 1 OR MORE OF THE FOLLOWING:

9 (A) LOSS OF A LIMB OR USE OF A LIMB.

10 (B) LOSS OF A HAND OR FOOT OR USE OF A HAND OR FOOT.

11 (C) LOSS OF AN EYE OR USE OF AN EYE OR EAR.

12 (D) LOSS OR SUBSTANTIAL IMPAIRMENT OF A BODILY FUNCTION.

13 (E) SERIOUS VISIBLE DISFIGUREMENT.

14 (F) A COMATOSE STATE THAT LASTS FOR MORE THAN 3 DAYS.

15 (G) MEASURABLE BRAIN DAMAGE OR MENTAL IMPAIRMENT.

16 (H) A SKULL FRACTURE OR OTHER SERIOUS BONE FRACTURE.

17 (I) SUBDURAL HEMORRHAGE OR SUBDURAL HEMATOMA.

18 (J) LOSS OF A BODY ORGAN.

19 (6) If the victim or victim's estate consents, the order of

20 restitution may require that the defendant make restitution in

21 services in lieu of money.

22 (7) If the victim is deceased, the court shall order that

23 the restitution be made to the victim's estate.

24 (8) The court shall order restitution to the crime victim

25 services commission or to any individuals, partnerships, corpora-

26 tions, associations, governmental entities, or other legal

27 entities that have compensated the victim or the victim's estate

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1 for a loss incurred by the victim to the extent of the

2 compensation paid for that loss. The court shall also order res-

3 titution for the costs of services provided to persons or enti-

4 ties that have provided services to the victim as a result of the

5 crime. Services that are subject to restitution under this sub-

6 section include, but are not limited to, shelter, food, clothing,

7 and transportation. However, an order of restitution shall

8 require that all restitution to a victim or victim's estate under

9 the order be made before any restitution to any other person or

10 entity under that order is made. The court shall not order res-

11 titution to be paid to a victim or victim's estate if the victim

12 or victim's estate has received or is to receive compensation for

13 that loss, and the court shall state on the record with specific-

14 ity the reasons for its action. ~~If an entity entitled to resti-~~

15 ~~tution under this subsection for compensating the victim or the~~

16 ~~victim's estate cannot or refuses to be reimbursed for that com-~~

17 ~~pensation, the restitution paid for that entity shall be depos-~~

18 ~~ited by the state treasurer in the crime victim's rights fund~~

19 ~~created under section 4 of 1989 PA 196, MCL 780.904, or its suc-~~

20 ~~cessor fund.~~

21 (9) Any amount paid to a victim or victim's estate under an

22 order of restitution shall be set off against any amount later

23 recovered as compensatory damages by the victim or the victim's

24 estate in any federal or state civil proceeding and shall reduce

25 the amount payable to a victim or a victim's estate by an award

26 from the crime victim services commission made after an order of

27 restitution under this section.

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1 (10) If not otherwise provided by the court under this

2 subsection, restitution shall be made immediately. However, the

3 court may require that the defendant make restitution under this

4 section within a specified period or in specified installments.

5 (11) If the defendant is placed on probation or paroled or

6 the court imposes a conditional sentence as provided in section 3

7 of chapter IX of the code of criminal procedure, 1927 PA 175,

8 MCL 769.3, any restitution ordered under this section shall be a

9 condition of that probation, parole, or sentence. The court may

10 revoke probation or impose imprisonment under the conditional

11 sentence and the parole board may revoke parole if the defendant

12 fails to comply with the order and if the defendant has not made

13 a good faith effort to comply with the order. In determining

14 whether to revoke probation or parole or impose imprisonment, the

15 court or parole board shall consider the defendant's employment

16 status, earning ability, and financial resources, the willfulness

17 of the defendant's failure to pay, and any other special circum-

18 stances that may have a bearing on the defendant's ability to

19 pay.

20 (12) A defendant who is required to pay restitution and who

21 is not in willful default of the payment of the restitution may

22 at any time petition the sentencing judge or his or her successor

23 to modify the method of payment. If the court determines that

24 payment under the order will impose a manifest hardship on the

25 defendant or his or her immediate family, AND IF THE COURT ALSO

26 DETERMINES THAT MODIFYING THE METHOD OF PAYMENT WILL NOT IMPOSE A

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1 MANIFEST HARDSHIP ON THE VICTIM, the court may modify the method

2 of payment.

3 (13) An order of restitution entered under this section

4 remains effective until it is satisfied in full. An order of

5 restitution is a judgment and lien against all property of the

6 defendant for the amount specified in the order of restitution.

7 The lien may be recorded as provided by law. An order of resti-

8 tution may be enforced UPON THE COURT'S OWN MOTION, OR by the

9 prosecuting attorney, a victim, a victim's estate, or any other

10 person or entity named in the order to receive the restitution in

11 the same manner as a judgment in a civil action or a lien.

12 (14) Notwithstanding any other provision of this section, a

13 defendant shall not be imprisoned, jailed, or incarcerated for a

14 violation of probation or parole or otherwise for failure to pay

15 restitution as ordered under this section unless the court or

16 parole board determines that the defendant has the resources to

17 pay the ordered restitution and has not made a good faith effort

18 to do so.

19 (15) IF THE COURT DETERMINES THAT A JUVENILE IS OR WILL BE

20 UNABLE TO PAY ALL OF THE RESTITUTION ORDERED, AFTER NOTICE TO THE

21 JUVENILE'S PARENT OR PARENTS AND AN OPPORTUNITY FOR THE PARENT OR

22 PARENTS TO BE HEARD THE COURT MAY ORDER THE PARENT OR PARENTS

23 HAVING SUPERVISORY RESPONSIBILITY FOR THE JUVENILE AT THE TIME OF

24 THE ACTS UPON WHICH AN ORDER OF RESTITUTION IS BASED TO PAY ANY

25 PORTION OF THE RESTITUTION ORDERED THAT IS OUTSTANDING. AN ORDER

26 UNDER THIS SUBSECTION DOES NOT RELIEVE THE JUVENILE OF HIS OR HER

27 OBLIGATION TO PAY RESTITUTION AS ORDERED, BUT THE AMOUNT OWED BY

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1 THE JUVENILE SHALL BE OFFSET BY ANY AMOUNT PAID BY HIS OR HER

2 PARENT. AS USED IN THIS SUBSECTION:

3 (A) "JUVENILE" MEANS A PERSON WITHIN THE COURT'S JURISDIC-

4 TION UNDER SECTION 2D OR 4 OF CHAPTER XIIA OF 1939 PA 288, MCL

5 712A.2D AND 712A.4.

6 (B) "PARENT" DOES NOT INCLUDE A FOSTER PARENT.

7 (16) IF THE COURT ORDERS A PARENT TO PAY RESTITUTION UNDER

8 SUBSECTION (15), THE COURT SHALL TAKE INTO ACCOUNT THE PARENT'S

9 FINANCIAL RESOURCES AND THE BURDEN THAT THE PAYMENT OF RESTITU-

10 TION WILL IMPOSE, WITH DUE REGARD TO ANY OTHER MORAL OR LEGAL

11 FINANCIAL OBLIGATIONS THE PARENT MAY HAVE. IF A PARENT IS

12 REQUIRED TO PAY RESTITUTION UNDER SUBSECTION (15), THE COURT

13 SHALL PROVIDE FOR PAYMENT TO BE MADE IN SPECIFIED INSTALLMENTS

14 AND WITHIN A SPECIFIED PERIOD OF TIME.

15 (17) A PARENT WHO HAS BEEN ORDERED TO PAY RESTITUTION UNDER

16 SUBSECTION (15) MAY PETITION THE COURT FOR A MODIFICATION OF THE

17 AMOUNT OF RESTITUTION OWED BY THE PARENT OR FOR A CANCELLATION OF

18 ANY UNPAID PORTION OF THE PARENT'S OBLIGATION. THE COURT SHALL

19 CANCEL ALL OR PART OF THE PARENT'S OBLIGATION DUE IF THE COURT

20 DETERMINES THAT PAYMENT OF THE AMOUNT DUE WILL IMPOSE A MANIFEST

21 HARDSHIP ON THE PARENT AND IF THE COURT ALSO DETERMINES THAT MOD-

22 IFYING THE METHOD OF PAYMENT WILL NOT IMPOSE A MANIFEST HARDSHIP

23 ON THE VICTIM.

24 (18) ~~(15)~~ In each case in which payment of restitution is

25 ordered as a condition of probation, the COURT SHALL ORDER ANY

26 EMPLOYED DEFENDANT TO EXECUTE A WAGE ASSIGNMENT TO PAY THE

27 RESTITUTION. IF THE DEFENDANT IS NOT CURRENTLY EMPLOYED, BUT

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1 BECOMES EMPLOYED DURING THE PERIOD OF PROBATION, THE PROBATION

2 OFFICER SHALL ENSURE THAT THE DEFENDANT EXECUTES A WAGE

3 ASSIGNMENT. THE probation officer assigned to the case shall

4 review the case not less than twice yearly to ensure that resti-

5 tution is being paid as ordered. IF THE RESTITUTION WAS ORDERED

6 TO BE MADE IMMEDIATELY, THE PROBATION OFFICER ASSIGNED TO THE

7 CASE SHALL REVIEW THE CASE NOT LESS THAN 3 MONTHS AFTER THE RES-

8 TITUTION WAS ORDERED TO DETERMINE IF THE RESTITUTION HAS BEEN

9 PAID IN FULL. The final review shall be conducted not less than

10 60 days before the probationary period expires. If the probation

11 officer determines AT ANY REVIEW that restitution is not being

12 paid as ordered, the probation officer shall file a written

13 report of the violation with the court on a form prescribed by

14 the state court administrative office. The report shall include

15 a statement of the amount of the arrearage and any reasons for

16 the arrearage known by the probation officer. The probation

17 officer shall immediately provide a copy of the report to the

18 prosecuting attorney. ~~If a motion is filed or other proceedings~~

19 ~~are initiated to enforce payment of restitution and~~ UPON RECEIPT

20 OF THE REPORT, THE COURT SHALL CONDUCT A HEARING, AND IF the

21 court determines that restitution is not being paid or has not

22 been paid as ordered by the court, the court shall promptly take

23 action necessary to compel compliance.

24 (19) ~~(16)~~ If a defendant who is ordered to pay restitution

25 under this section is remanded to the jurisdiction of the depart-

26 ment of corrections, the court shall provide a copy of the order

00034'99

1 of restitution to the department of corrections when the

2 defendant is remanded to the department's jurisdiction.

3 (20) THE COURT SHALL NOT IMPOSE A FEE ON A VICTIM, VICTIM'S

4 ESTATE, OR PROSECUTING ATTORNEY FOR ENFORCING AN ORDER OF

5 RESTITUTION.

6 (21) IF A PERSON OR ENTITY ENTITLED TO RESTITUTION CANNOT BE

7 LOCATED OR REFUSES TO CLAIM THAT RESTITUTION WITHIN 2 YEARS AFTER

8 THE DATE ON WHICH HE OR SHE COULD HAVE CLAIMED THE RESTITUTION,

9 THE RESTITUTION PAID TO THAT PERSON OR ENTITY SHALL BE DEPOSITED

10 IN THE CRIME VICTIM'S RIGHTS FUND CREATED UNDER SECTION 4 OF 1989

11 PA 196, MCL 780.904, OR ITS SUCCESSOR FUND. HOWEVER, A PERSON OR

12 ENTITY ENTITLED TO THAT RESTITUTION MAY CLAIM THAT RESTITUTION AT

13 ANY TIME BY APPLYING TO THE CRIME VICTIM SERVICES COMMISSION IN

14 THE MANNER PROVIDED BY LAW.

15 SEC. 16A. (1) IF A PERSON IS SUBJECT TO ANY COMBINATION OF

16 FINES, COSTS, RESTITUTION, ASSESSMENTS, PROBATION OR PAROLE

17 SUPERVISION FEES, OR OTHER PAYMENTS ARISING OUT OF THE SAME CRIM-

18 INAL PROCEEDING, MONEY COLLECTED FROM THAT PERSON FOR THE PAYMENT

19 OF FINES, COSTS, RESTITUTION, ASSESSMENTS, PROBATION OR PAROLE

20 SUPERVISION FEES, OR OTHER PAYMENTS SHALL BE ALLOCATED AS PRO-

21 VIDED IN THIS SECTION.

22 (2) EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION, IF A

23 PERSON IS SUBJECT TO PAYMENT OF VICTIM PAYMENTS AND ANY COMBINA-

24 TION OF OTHER FINES, COSTS, ASSESSMENTS, PROBATION OR PAROLE

25 SUPERVISION FEES, OR OTHER PAYMENTS, 50% OF EACH PAYMENT COL-

26 LECTED BY THE COURT FROM THAT PERSON SHALL BE APPLIED TO PAYMENT

27 OF VICTIM PAYMENTS, AND THE BALANCE SHALL BE APPLIED TO PAYMENT

00034'99

1 OF FINES, COSTS, SUPERVISION FEES, AND OTHER ASSESSMENTS OR

2 PAYMENTS. IF ANY FINES, COSTS, SUPERVISION FEES, OR OTHER

3 ASSESSMENTS OR PAYMENTS REMAIN UNPAID AFTER ALL OF THE VICTIM

4 PAYMENTS HAVE BEEN PAID, ANY ADDITIONAL MONEY COLLECTED SHALL BE

5 APPLIED TO PAYMENT OF THOSE FINES, COSTS, SUPERVISION FEES, OR

6 OTHER ASSESSMENTS OR PAYMENTS. IF ANY VICTIM PAYMENTS REMAIN

7 UNPAID AFTER ALL OF THE FINES, COSTS, SUPERVISION FEES, OR OTHER

8 ASSESSMENTS OR PAYMENTS HAVE BEEN PAID, ANY ADDITIONAL MONEY COL-

9 LECTED SHALL BE APPLIED TOWARD PAYMENT OF THOSE VICTIM PAYMENTS.

10 (3) IN CASES INVOLVING PROSECUTIONS FOR VIOLATIONS OF STATE

11 LAW, MONEY ALLOCATED UNDER SUBSECTION (2) FOR PAYMENT OF FINES,

12 COSTS, PROBATION AND PAROLE SUPERVISION FEES, AND ASSESSMENTS OR

13 PAYMENTS OTHER THAN VICTIM PAYMENTS SHALL BE APPLIED IN THE FOL-

14 LOWING ORDER OF PRIORITY:

15 (A) PAYMENT OF COSTS.

16 (B) PAYMENT OF FINES.

17 (C) PAYMENT OF PROBATION OR PAROLE SUPERVISION FEES.

18 (D) PAYMENT OF ASSESSMENTS AND OTHER PAYMENTS.

19 (4) IN CASES INVOLVING PROSECUTIONS FOR VIOLATIONS OF LOCAL

20 ORDINANCES, MONEY ALLOCATED UNDER SUBSECTION (2) FOR PAYMENT OF

21 FINES, COSTS, AND ASSESSMENTS OR PAYMENTS OTHER THAN VICTIM PAY-

22 MENTS SHALL BE APPLIED IN THE FOLLOWING ORDER OF PRIORITY:

23 (A) PAYMENT OF FINES AND COSTS.

24 (B) PAYMENT OF ASSESSMENTS AND OTHER PAYMENTS.

25 (5) AS USED IN THIS SECTION, "VICTIM PAYMENT" MEANS RESTITU-

26 TION ORDERED TO BE PAID TO THE VICTIM, TO THE VICTIM'S ESTATE, OR

00034'99

1 TO A PERSON WHO REIMBURSED THE VICTIM FOR HIS OR HER LOSS, OR AN

2 ASSESSMENT ORDERED UNDER SECTION 5 OF 1989 PA 196, MCL 780.905.

3 Sec. 18a. (1) Upon the request of the victim, the prosecut-

4 ing attorney shall notify the victim of the following:

5 (a) That the defendant ~~has~~ filed an appeal of his or her

6 conviction OR SENTENCE OR THAT THE PROSECUTING ATTORNEY FILED AN

7 APPEAL.

8 (b) Whether the defendant has been ordered released on bail

9 or other recognizance pending the disposition of the appeal. If

10 the prosecuting attorney is notified that the defendant has been

11 ordered released on bail or other recognizance pending disposi-

12 tion of the appeal, the prosecuting attorney shall use any means

13 reasonably calculated to give the victim notice of that order

14 within 24 hours after the prosecuting attorney is notified of the

15 order.

16 (c) The time and place of any appellate court proceedings

17 and any changes in the time or place of those proceedings.

18 (d) The result of the appeal. If the prosecuting attorney

19 is notified that the conviction is ~~ordered~~ reversed, or THE

20 SENTENCE IS VACATED, the case is remanded for further proceedings

21 OR A NEW TRIAL, OR THE PROSECUTING ATTORNEY'S APPEAL IS DENIED,

22 the prosecuting attorney shall use any means reasonably calcu-

23 lated to give the victim notice of that order within 24 hours

24 after the prosecuting attorney is notified of the order. NOT

25 LATER THAN 48 HOURS BEFORE RELEASING AN OPINION OR ORDER THAT

26 REVERSES A CONVICTION, VACATES A SENTENCE, REMANDS A CASE TO THE

27 TRIAL COURT FOR FURTHER PROCEEDINGS OR A NEW TRIAL, OR DENIES A

00034'99

1 PROSECUTING ATTORNEY'S APPEAL, THE CLERK OF THE APPELLATE COURT

2 SHALL PROVIDE THE PROSECUTING ATTORNEY OF RECORD WITH A COPY OF

3 THAT ORDER OR OPINION.

4 (2) If the prosecuting attorney is not successful in notify-

5 ing the victim of an event described in subsection (1) within the

6 period set forth in that subsection, ~~for notification,~~ the

7 prosecuting attorney shall notify the victim of that event as

8 soon as possible by any means reasonably calculated to give the

9 victim prompt actual notice.

10 (3) Upon the request of the victim, the prosecuting attorney

11 shall provide the victim with a brief explanation in plain

12 English of the appeal process, including the possible

13 dispositions.

14 (4) If ~~the defendant's conviction is reversed and~~ the case

15 is returned to the trial court for further proceedings OR A NEW

16 TRIAL, the victim ~~shall have~~ HAS the same rights AS previously

17 requested during the proceedings ~~which~~ THAT led to the appeal.

18 Sec. 19. (1) Upon the VICTIM'S written request, ~~of a~~

19 ~~victim of a crime,~~ the sheriff or the department of corrections

20 shall mail to the victim the following, as applicable, about a

21 prisoner who has been sentenced to imprisonment under the juris-

22 diction of the sheriff or the department for ~~commission of that~~

23 THE crime AGAINST THAT VICTIM:

24 (a) Within 30 days after the request, notice of the

25 sheriff's calculation of the PRISONER'S earliest release date of

26 ~~the prisoner,~~ or the department's calculation of the PRISONER'S

27 earliest parole eligibility date, ~~of the prisoner,~~ with all

00034'99

1 potential good time or disciplinary credits considered, if the

2 sentence of imprisonment exceeds 90 days. The victim may request

3 1-time only notice of the calculation described in this

4 subdivision.

5 (b) Notice of the PRISONER'S transfer or pending transfer

6 ~~of the prisoner~~ to a minimum security facility and the

7 FACILITY'S address. ~~of that facility.~~

8 (c) Notice of the PRISONER'S release or pending release of

9 ~~the prisoner~~ in a community residential program , OR under

10 ~~extended~~ furlough; ~~, or~~ any other transfer ~~of a prisoner~~ to

11 community status; ANY TRANSFER FROM 1 COMMUNITY RESIDENTIAL PRO-

12 GRAM OR ELECTRONIC MONITORING PROGRAM TO ANOTHER; OR ANY TRANSFER

13 FROM A COMMUNITY RESIDENTIAL PROGRAM OR ELECTRONIC MONITORING

14 PROGRAM TO A STATE CORRECTIONAL FACILITY.

15 (d) Notice of the escape of the person accused, convicted,

16 or imprisoned for committing a crime against the victim, as pro-

17 vided in section 20.

18 (e) Notice of the victim's right to address or submit a

19 written statement for consideration by a parole board member or a

20 member of any other panel having authority over the prisoner's

21 release on parole, as provided in section 21.

22 (f) Notice of the decision of the parole board, or any other

23 panel having authority over the prisoner's release on parole,

24 after a parole review, as provided in section 21(3).

25 (G) THE VICTIM'S RIGHT TO APPEAL THE PAROLE BOARD'S DECI-

26 SION, AS PROVIDED IN SECTION 34(8) OF 1953 PA 232, MCL 791.234.

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1 (H) ~~(g)~~ Notice of the release of a prisoner 90 days before

2 the date of the prisoner's discharge from prison, ~~if practical,~~

3 unless the notice has been otherwise provided under this

4 article.

5 (I) ~~(h)~~ Notice of a public hearing under section 44 of

6 ~~Act No. 232 of the Public Acts of 1953, being section 791.244 of~~

7 ~~the Michigan Compiled Laws~~ 1953 PA 232, MCL 791.244, regarding a

8 reprieve, commutation, or pardon of the prisoner's sentence by

9 the governor.

10 (J) ~~(i)~~ Notice that a reprieve, commutation, or pardon has

11 been granted.

12 (K) ~~(j)~~ Notice that a prisoner has had his or her name

13 legally changed while on parole or within 2 years of AFTER

14 release from parole.

15 (l) NOTICE THAT A PRISONER HAS BEEN CHARGED WITH THE COMMIS-

16 SION OF A NEW CRIME.

17 (M) NOTICE THAT A PRISONER HAS BEEN RETURNED FROM PAROLE

18 STATUS TO A CORRECTIONAL FACILITY DUE TO AN ALLEGED VIOLATION OF

19 THE CONDITIONS OF HIS OR HER PAROLE.

20 (2) A victim's address and telephone number maintained by a

21 sheriff or the department of corrections ~~pursuant to~~ UPON a

22 request for notice under subsection (1) is exempt from disclosure

23 under the freedom of information act, ~~Act No. 442 of the Public~~

24 ~~Acts of 1976, being sections 15.231 to 15.246 of the Michigan~~

25 ~~Compiled Laws~~ 1976 PA 442, MCL 15.231 TO 15.246.

26 Sec. 21. (1) A victim shall have the right to address or

27 submit a written statement for consideration by a parole board

00034'99

1 member or a member of any other panel having authority over the

2 prisoner's release on parole.

3 (2) Not less than 30 days before a review of the prisoner's

4 release, a victim who has requested notice under section 19(1)(f)

5 shall be given written notice by the department of corrections

6 informing the victim of the pending review and of victims' rights

7 under this section. The victim, at his or her own expense, may

8 be represented by counsel at the review.

9 (3) A victim shall receive notice of the decision of the

10 board or panel and, if applicable, notice of the date of the

11 prisoner's release on parole. Notice shall be mailed within a

12 reasonable time after the board or panel reaches its decision but

13 not later than 14 days after the board or panel has reached its

14 decision. THE NOTICE SHALL INCLUDE A STATEMENT OF THE VICTIM'S

15 RIGHT TO APPEAL A PAROLE DECISION, AS ALLOWED UNDER SECTION 34(8)

16 OF 1953 PA 232, MCL 791.234.

17 Sec. 31. (1) As EXCEPT AS OTHERWISE DEFINED IN THIS ARTI-

18 CLE, AS used in this article:

19 (a) "County juvenile agency" means that term as defined in

20 section 2 of the county juvenile agency act.

21 (b) "Court" means the ~~juvenile~~ FAMILY division of ~~the~~

22 ~~probate~~ CIRCUIT court.

23 (C) "DESIGNATED CASE" MEANS A CASE DESIGNATED AS A CASE IN

24 WHICH THE JUVENILE IS TO BE TRIED IN THE SAME MANNER AS AN ADULT

25 UNDER SECTION 2D OF CHAPTER XIIA OF 1939 PA 288, MCL 712A.2D.

26 (D) ~~(c)~~ "Juvenile" means an individual alleged or found to

27 be within the court's jurisdiction under section 2(a)(1) of

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1 chapter XIIA of 1939 PA 288, MCL 712A.2, for an offense,

2 INCLUDING, BUT NOT LIMITED TO, AN INDIVIDUAL IN A DESIGNATED

3 CASE.

4 (E) ~~(d)~~ "Juvenile facility" means a county facility, an

5 institution operated as an agency of the county or the court, or

6 an institution or agency described in the youth rehabilitation

7 services act, 1974 PA 150, MCL 803.301 to 803.309, to which a

8 juvenile has been committed or in which a juvenile is detained.

9 (F) ~~(e)~~ "Offense" means 1 or more of the following:

10 (i) A violation of a penal law of this state for which a

11 juvenile offender, if convicted as an adult, may be punished by

12 imprisonment for more than 1 year or an offense expressly desig-

13 nated by law as a felony.

14 (ii) A violation of section 81 (ASSAULT AND BATTERY, INCLUD-

15 ING DOMESTIC VIOLENCE), 81a (ASSAULT; INFLICTION OF SERIOUS

16 INJURY, INCLUDING AGGRAVATED DOMESTIC VIOLENCE), 115 (BREAKING

17 AND ENTERING OR ILLEGAL ENTRY), 136b(5) (CHILD ABUSE IN THE

18 FOURTH DEGREE), 145a (ENTICING A CHILD FOR IMMORAL PURPOSES), 234

19 (DISCHARGE OF A FIREARM INTENTIONALLY AIMED AT A PERSON), 235

20 (DISCHARGE OF AN INTENTIONALLY AIMED FIREARM RESULTING IN

21 INJURY), 335a (INDECENT EXPOSURE), or 411h (STALKING) of the

22 Michigan penal code, 1931 PA 328, MCL 750.81, 750.81a, 750.115,

23 750.136b, 750.145a, 750.234, 750.235, 750.335a, and 750.411h.

24 (iii) A violation of section 617a (LEAVING THE SCENE OF A

25 PERSONAL INJURY ACCIDENT) of the Michigan vehicle code, 1949

26 PA 300, MCL 257.617a, or a violation of section 625 (OPERATING A

27 VEHICLE WHILE UNDER THE INFLUENCE OF OR IMPAIRED BY INTOXICATING

00034'99

1 LIQUOR OR A CONTROLLED SUBSTANCE, OR WITH UNLAWFUL BLOOD ALCOHOL

2 CONTENT) of that act, MCL 257.625, if the violation involves an

3 accident resulting in damage to another individual's property or

4 physical injury or death to another individual.

5 (iv) Selling or furnishing alcoholic liquor to an individual

6 less than 21 years of age in violation of section 33 of the

7 former 1933 (Ex Sess) PA 8, or section 701 of the Michigan liquor

8 control code of 1998, 1998 PA 58, MCL 436.1701, if the violation

9 results in physical injury or death to any individual.

10 (v) A violation of section 80176(1) or (3) (OPERATING A

11 VESSEL WHILE UNDER THE INFLUENCE OF OR IMPAIRED BY INTOXICATING

12 LIQUOR OR A CONTROLLED SUBSTANCE, OR WITH UNLAWFUL BLOOD ALCOHOL

13 CONTENT) of the natural resources and environmental protection

14 act, 1994 PA 451, MCL 324.80176, if the violation involves an

15 accident resulting in damage to another individual's property or

16 physical injury or death to any individual.

17 (vi) A violation of a local ordinance substantially corre-

18 sponding to a law enumerated in subparagraphs (i) to (v).

19 (vii) A violation described in subparagraphs (i) to (vi)

20 that is subsequently reduced to a violation not included in sub-

21 paragraphs (i) to (vi).

22 (f) "Person" means an individual, organization, partnership,

23 corporation, or governmental entity.

24 (g) "Prosecuting attorney" means the prosecuting attorney

25 for a county, an assistant prosecuting attorney for a county, the

26 attorney general, the deputy attorney general, an assistant

27 attorney general, a special prosecuting attorney, or in

00034'99

1 connection with the prosecution of an ordinance violation, an

2 attorney for the political subdivision that enacted the ordinance

3 upon which the violation is based.

4 (h) "Victim" ~~, except as otherwise defined in this~~

5 ~~article,~~ means any of the following:

6 (i) A person who suffers direct or threatened physical,

7 financial, or emotional harm as a result of the commission of an

8 offense, except as provided in subparagraph (ii), (iii), or

9 (iv).

10 (ii) The following individuals other than the juvenile if

11 the victim is deceased:

12 (A) The spouse of the deceased victim.

13 (B) A child of the deceased victim if the child is 18 years

14 of age or older and sub-subparagraph (A) does not apply.

15 (C) A parent of a deceased victim if sub-subparagraphs (A)

16 and (B) do not apply.

17 (D) The guardian or custodian of a child of a deceased

18 victim if the child is less than 18 years of age and

19 sub-subparagraphs (A) to (C) do not apply.

20 (E) A sibling of the deceased victim if sub-subparagraphs

21 (A) to (D) do not apply.

22 (F) A grandparent of the deceased victim if

23 sub-subparagraphs (A) to (E) do not apply.

24 (iii) A parent, guardian, or custodian of a victim who is

25 less than 18 years of age AND WHO IS NOT THE DEFENDANT AND IS NOT

26 INCARCERATED, if the parent, guardian, or custodian so chooses.

00034'99

1 (iv) A parent, guardian, or custodian of a victim who is

2 mentally or emotionally unable to participate in the legal

3 process IF HE OR SHE IS NOT THE DEFENDANT AND IS NOT

4 INCARCERATED.

5 (2) If a victim as defined in subsection (1)(h)(i) is physi-

6 cally or emotionally unable to exercise the privileges and rights

7 under this article, the victim may designate his or her spouse,

8 child 18 years of age or older, parent, sibling, or

9 grandparent, OR ANY OTHER PERSON 18 YEARS OF AGE OR OLDER WHO IS

10 NOT THE DEFENDANT AND IS NOT INCARCERATED to act in his or her

11 place while the physical or emotional disability continues. The

12 victim shall provide the prosecuting attorney with the name of

13 the person who is to act in his or her place. During the physi-

14 cal or emotional disability, notices to be provided under this

15 article to the victim shall continue to be sent only to the

16 victim.

17 (3) AN INDIVIDUAL WHO IS CHARGED WITH AN OFFENSE ARISING OUT

18 OF THE SAME TRANSACTION FROM WHICH THE CHARGE AGAINST THE

19 DEFENDANT AROSE IS NOT ELIGIBLE TO EXERCISE THE PRIVILEGES AND

20 RIGHTS ESTABLISHED FOR VICTIMS UNDER THIS ARTICLE.

21 Sec. 32. Within 24 hours after the initial contact between

22 the victim of a reported offense and the law enforcement agency

23 having the responsibility for investigating that offense, that

24 agency shall give to the victim the following information in

25 writing:

26 (a) The availability of emergency and medical services, if

27 applicable.

00034'99

1 (b) The availability of victim's compensation benefits and

2 the address of the crime victims compensation board.

3 (c) The address and telephone number of the prosecuting

4 attorney whom the victim should contact to obtain information

5 about victim's rights.

6 (d) The following ~~statement~~ STATEMENTS:

7 "IF YOU WOULD LIKE TO BE NOTIFIED OF AN ARREST IN YOUR CASE

8 OR THE RELEASE OF THE PERSON ARRESTED, OR BOTH, YOU SHOULD CALL

9 (IDENTIFY LAW ENFORCEMENT AGENCY AND TELEPHONE NUMBER) AND INFORM

10 THEM."

11 "If you are not notified of an arrest in your case, you may

12 call this law enforcement agency at [the law enforcement agency's

13 telephone number] for the status of the case.".

14 Sec. 35. (1) If the juvenile has been placed in a juvenile

15 facility, not later than 48 hours after the preliminary hearing

16 of that juvenile for a juvenile offense, the prosecuting attorney

17 or, pursuant to an agreement under section 48a, the court shall

18 give to the victim the telephone number of the juvenile facility

19 and notice that the victim may contact the juvenile facility to

20 determine whether the juvenile has been released from custody.

21 THE LAW ENFORCEMENT AGENCY HAVING RESPONSIBILITY FOR INVESTIGAT-

22 ING THE CRIME SHALL PROMPTLY NOTIFY THE VICTIM OF THE ARREST OR

23 PRETRIAL RELEASE OF THE DEFENDANT, OR BOTH, IF THE VICTIM

24 REQUESTS OR HAS REQUESTED THAT INFORMATION. IF THE DEFENDANT IS

25 RELEASED FROM CUSTODY BY THE SHERIFF OR JUVENILE FACILITY, THE

26 SHERIFF OR JUVENILE FACILITY SHALL NOTIFY THE LAW ENFORCEMENT

27 AGENCY HAVING RESPONSIBILITY FOR INVESTIGATING THE CRIME.

00034'99

1 (2) Based upon any credible evidence of acts or threats of

2 physical violence or intimidation by the juvenile or at the

3 juvenile's direction against the victim or the victim's immediate

4 family, the prosecuting attorney may move that the juvenile be

5 detained in a juvenile facility.

6 Sec. 36. (1) THE COURT SHALL ACCEPT A PETITION SUBMITTED BY

7 A PROSECUTING ATTORNEY THAT SEEKS TO INVOKE THE COURT'S JURISDIC-

8 TION FOR A JUVENILE OFFENSE, UNLESS THE COURT FINDS ON THE RECORD

9 THAT THE PETITIONER'S ALLEGATIONS ARE INSUFFICIENT TO SUPPORT A

10 CLAIM OF JURISDICTION UNDER SECTION 2(A)(1) OF CHAPTER XIIA OF

11 THE PROBATE CODE OF 1939, 1939 PA 288, MCL 712A.2.

12 (2) ~~(1)~~ Within 72 hours after the prosecuting attorney

13 files or submits a petition seeking to invoke the court's juris-

14 diction for an offense, the prosecuting attorney, or the court

15 pursuant to an agreement under section 48a, shall give to each

16 victim a written notice in plain English of each of the

17 following:

18 (a) A brief statement of the procedural steps in ~~the~~ pro-

19 cessing of a juvenile ~~offense~~ case, including the fact that a

20 juvenile may be TRIED IN THE SAME MANNER AS AN ADULT IN A DESIG-

21 NATED CASE OR waived to the court of general criminal

22 jurisdiction.

23 (b) A specific list of the rights and procedures under this

24 article.

25 (C) A CONVENIENT MEANS FOR THE VICTIM TO NOTIFY THE PROSE-

26 CUTING ATTORNEY THAT THE VICTIM CHOOSES TO EXERCISE HIS OR HER

27 RIGHTS UNDER THIS ARTICLE.

00034'99

1 (D) ~~(c)~~ Details and eligibility requirements FOR

2 COMPENSATION FROM THE CRIME VICTIMS SERVICES COMMISSION under

3 1976 PA 223, MCL 18.351 to 18.368.

4 (E) ~~(d)~~ Suggested procedures if the victim is subjected to

5 threats or intimidation.

6 (F) ~~(e)~~ The person to contact for further information.

7 (3) ~~(2)~~ If the victim requests, the prosecuting attorney,

8 or the court pursuant to an agreement under section 48a, shall

9 give the victim notice of any scheduled court proceedings and any

10 changes in that schedule.

11 (4) ~~(3)~~ If the juvenile has not already entered a plea of

12 admission or no contest to the original charge at the preliminary

13 hearing, the prosecuting attorney shall offer the victim the

14 opportunity to consult with the prosecuting attorney to obtain

15 the victim's views about the disposition of the offense, includ-

16 ing the victim's views about dismissal, waiver, and pretrial

17 diversion programs, before finalizing any agreement to reduce the

18 original charge.

19 ~~(4) Before placing a juvenile in a pretrial diversion pro-~~

20 ~~gram for committing a violation that if committed by an adult~~

21 ~~would be a crime or a serious misdemeanor, the court shall give~~

22 ~~the victim an opportunity to be heard regarding that placement.~~

23 ~~The victim has the right to make a statement at the hearing or~~

24 ~~submit a written statement, or both. As used in this~~

25 ~~subsection:~~

26 ~~(a) "Crime" means that term as defined in section 2.~~

00034'99

1 ~~(b) "Serious misdemeanor" means that term as defined in~~

2 ~~section 61.~~

3 (5) A victim who receives a notice under subsection (1) and

4 chooses to receive any ~~other~~ notice OR EXERCISE ANY RIGHT under

5 this article shall keep the following persons informed of the

6 victim's current address and telephone number:

7 (a) The prosecuting attorney, or the court if an agreement

8 under section 48a exists.

9 (b) If the juvenile is made a public ward, the family inde-

10 pendence agency or county juvenile agency, as applicable.

11 (C) IF THE JUVENILE IS IMPRISONED, THE DEPARTMENT OF CORREC-

12 TIONS OR THE SHERIFF AS DIRECTED BY THE PROSECUTING ATTORNEY.

13 SEC. 36B. (1) EXCEPT FOR A DISMISSAL BASED UPON A JUDICIAL

14 FINDING ON THE RECORD THAT THE PETITION AND THE FACTS SUPPORTING

15 IT ARE INSUFFICIENT TO SUPPORT A CLAIM OF JURISDICTION UNDER SEC-

16 TION 2(A)(1) OF CHAPTER XIIA OF THE PROBATE CODE OF 1939, 1939 PA

17 288, MCL 712A.2, A JUVENILE'S CASE SHALL NOT BE DIVERTED, PLACED

18 ON THE CONSENT CALENDAR, OR MADE SUBJECT TO ANY OTHER PREPETITION

19 OR PREADJUDICATION PROCEDURE THAT REMOVES THE CASE FROM THE ADJU-

20 DICATIVE PROCESS WITHOUT THE CONSENT OF THE PROSECUTING

21 ATTORNEY. BEFORE ANY FORMAL OR INFORMAL ACTION IS TAKEN, THE

22 VICTIM OF THE OFFENSE AS DEFINED IN SECTION 31 HAS THE RIGHT TO

23 TIMELY NOTICE, THE RIGHT TO CONSULT THE PROSECUTING ATTORNEY, THE

24 RIGHT TO ADDRESS THE JUDGE, AND THE RIGHT TO RESTITUTION. ALL

25 OTHER VICTIMS ARE ENTITLED TO RESTITUTION AS DEFINED IN SECTION

26 44.

00034'99

1 (2) BEFORE FINALIZING ANY INFORMAL DISPOSITION,

2 PREADJUDICATION, OR EXPEDITED PROCEDURE, THE PROSECUTING ATTORNEY

3 SHALL OFFER THE VICTIM THE OPPORTUNITY TO CONSULT WITH THE PROSE-

4 CUTING ATTORNEY TO OBTAIN THE VIEWS OF THE VICTIM ABOUT THAT

5 MANNER OF DISPOSING OF THE CASE.

6 Sec. 38. (1) Based upon the victim's reasonable apprehen-

7 sion of acts or threats of physical violence or intimidation by

8 the juvenile or at the juvenile's direction against the victim or

9 the victim's immediate family, the prosecuting attorney may move

10 or, in the absence of a prosecuting attorney, the victim may

11 request that the victim or any other witness not be compelled to

12 testify at any court hearing for purposes of identifying the

13 victim as to the victim's address, place of employment, or other

14 personal identification without the victim's consent. A hearing

15 on the motion shall be in camera.

16 (2) PURSUANT TO SECTION 24 OF ARTICLE I OF THE STATE CONSTI-

17 TUTION OF 1963, GUARANTEEING TO CRIME VICTIMS THE RIGHT TO BE

18 TREATED WITH RESPECT FOR THEIR DIGNITY AND PRIVACY, ALL OF THE

19 FOLLOWING INFORMATION AND VISUAL REPRESENTATIONS OF A VICTIM ARE

20 EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, 1976

21 PA 442, MCL 15.231 TO 15.246:

22 (A) THE NAME, HOME ADDRESS, HOME TELEPHONE NUMBER, WORK

23 ADDRESS, AND WORK TELEPHONE NUMBER OF THE VICTIM.

24 (B) A PICTURE, PHOTOGRAPH, DRAWING, OR OTHER VISUAL REPRE-

25 SENTATION, INCLUDING ANY FILM, VIDEOTAPE, OR DIGITALLY STORED

26 IMAGE, SHOWING THE VICTIM'S INTIMATE PARTS, OR SHOWING SEXUAL

27 CONTACT OR SEXUAL PENETRATION INVOLVING THE VICTIM. AS USED IN

00034'99

1 THIS SUBDIVISION, "INTIMATE PARTS", "SEXUAL CONTACT", AND "SEXUAL

2 PENETRATION" HAVE THE MEANINGS GIVEN TO THOSE TERMS IN SECTION

3 520A OF THE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.520A.

4 Sec. 39. The victim SHALL NOT BE SEQUESTERED AND has the

5 right to be present throughout the entire contested adjudicative

6 hearing, PRELIMINARY EXAMINATION, TRIAL, SENTENCING, or waiver

7 hearing of the juvenile ~~, unless the victim is going to be~~

8 ~~called as a witness~~ AND ALL OTHER COURT PROCEEDINGS THAT THE

9 JUVENILE HAS THE RIGHT TO ATTEND. ~~If the victim is going to be~~

10 ~~called as a witness, the court, for good cause shown, may order~~

11 ~~the victim to be sequestered until the victim first testifies.~~

12 Sec. 41. (1) The prosecuting attorney, or, pursuant to an

13 agreement under section 48a, the court, upon and in accordance

14 with the request of the victim, shall give to the victim notice

15 of ~~both~~ ALL of the following:

16 (a) The offenses for which the juvenile was adjudicated OR

17 CONVICTED.

18 (B) IF THE JUVENILE WAS CONVICTED OF AN OFFENSE IN A DESIG-

19 NATED CASE, ALL OF THE FOLLOWING:

20 (i) THE VICTIM'S RIGHT TO MAKE AN IMPACT STATEMENT FOR USE

21 IN PREPARING THE PRESENTENCE INVESTIGATION REPORT CONCERNING THE

22 JUVENILE.

23 (ii) THE ADDRESS AND TELEPHONE NUMBER OF THE OFFICE THAT IS

24 TO PREPARE THE PRESENTENCE INVESTIGATION REPORT.

25 (iii) THE FACT THAT THE PRESENTENCE INVESTIGATION REPORT AND

26 ANY STATEMENT OF THE VICTIM INCLUDED IN IT WILL BE MADE AVAILABLE

27 TO THE JUVENILE UNLESS EXEMPTED FROM DISCLOSURE BY THE COURT.

00034'99

1 (C) ~~(b)~~ The victim's right to make ~~a written or oral~~ AN

2 impact statement at a THE disposition hearing OR SENTENCING.

3 (D) ~~(c)~~ The time and place of the disposition OR

4 SENTENCING proceeding.

5 (2) If ~~there is to be~~ a report OTHER THAN A PRESENTENCE

6 INVESTIGATION REPORT IS TO BE prepared for the ~~purpose of~~

7 JUVENILE'S disposition, ~~concerning the juvenile,~~ the person

8 preparing the report shall give notice to the victim of all of

9 the following:

10 (a) The victim's right to make ~~a written or oral~~ AN impact

11 statement for use in ~~the preparation of~~ PREPARING the report.

12 (b) The address and telephone number of the person who is to

13 prepare the report.

14 (c) ~~That~~ THE FACT THAT the report and any statement of the

15 victim included in the report will be made available to the juve-

16 nile unless exempted from disclosure by the court.

17 (3) A notice ~~given~~ under ~~subsections (1) and~~ SUBSECTION

18 (1) OR (2) shall inform the victim that his or her impact state-

19 ment may BE ORAL OR WRITTEN AND MAY include, but shall not be

20 limited to, ANY OF the following:

21 (a) An explanation of the nature and extent of any physical,

22 psychological, or emotional harm or trauma suffered by the

23 victim.

24 (b) An explanation of the extent of any economic loss or

25 property damage suffered by the victim.

00034'99

1 (c) An opinion of the need for , and extent of ,

2 restitution and whether the victim has applied for or received

3 compensation for loss or damage.

4 (d) The victim's recommendation for an appropriate disposi-

5 tion OR SENTENCE.

6 Sec. 41a. When a juvenile is ordered to be placed in a

7 juvenile facility OR SENTENCED TO A TERM OF IMPRISONMENT, the

8 prosecuting attorney, or the court pursuant to an agreement under

9 section 48a, shall provide the victim with a form the victim may

10 submit to receive the notices from the family independence agency

11 or county juvenile agency, as applicable, provided for under

12 section 48. The form shall include the address of the family

13 independence agency, or county juvenile agency, DEPARTMENT OF

14 CORRECTIONS, OR THE SHERIFF, AS APPLICABLE, to which the form may

15 be sent.

16 Sec. 42. (1) If ~~there is to be~~ a report IS TO BE prepared

17 for the ~~purpose of~~ JUVENILE'S disposition ~~concerning the~~

18 ~~juvenile~~ OR FOR A SENTENCING IN A PROCEEDING THAT IS A DESIG-

19 NATED CASE, the victim ~~shall be permitted~~ HAS THE RIGHT to

20 submit a written or oral impact statement to the person preparing

21 the report for THAT PERSON'S use ~~by that person~~ in ~~the prepa-~~

22 ~~ration of~~ PREPARING the report.

23 (2) IF NO PRESENTENCE REPORT IS PREPARED, THE COURT SHALL

24 NOTIFY THE PROSECUTING ATTORNEY OF THE DATE AND TIME OF SENTENC-

25 ING AT LEAST 10 DAYS PRIOR TO THE DISPOSITION OR SENTENCING.

26 (3) Upon the victim's request, a victim's written statement

27 UNDER THIS SECTION shall be included in the report.

00034'99

1 Sec. 43. (1) The victim ~~shall have~~ HAS the right to

2 appear and make an oral impact statement at the JUVENILE'S dispo-

3 sition ~~of the juvenile~~ OR SENTENCING. IF THE VICTIM IS PHYSI-

4 CALLY OR EMOTIONALLY UNABLE TO MAKE THE ORAL IMPACT STATEMENT,

5 THE VICTIM MAY DESIGNATE ANY OTHER PERSON 18 YEARS OF AGE OR

6 OLDER WHO IS NOT THE DEFENDANT AND IS NOT SERVING A SENTENCE TO

7 MAKE THE STATEMENT ON HIS OR HER BEHALF. THE OTHER PERSON NEED

8 NOT BE AN ATTORNEY.

9 (2) Upon request, the victim shall be notified by the prose-

10 cuting attorney, or, pursuant to an agreement under section 48a,

11 the court of the disposition of the juvenile's offense not more

12 than 14 30 days after the disposition is made.

13 Sec. 44. (1) For purposes of this section only:

14 (a) "Offense" means a violation of a penal law of this state

15 or a violation of an ordinance of a local unit of government of

16 this state punishable by imprisonment or by a fine that is not a

17 civil fine.

18 (b) "Victim" means an individual who suffers direct or

19 threatened physical, financial, or emotional harm as a result of

20 the commission of an offense. For purposes of subsections (2),

21 (3), (6), (8), (9), and (13), victim includes a sole proprietor-

22 ship, partnership, corporation, association, governmental entity,

23 or any other legal entity that suffers direct physical or finan-

24 cial harm as a result of an offense.

25 (2) Except as provided in subsection (8), at the disposi-

26 tional hearing OR SENTENCING for an offense, the court shall

27 order, in addition to or in lieu of any other disposition OR

00034'99

1 PENALTY authorized by law, that the juvenile make full

2 restitution to any victim of the juvenile's course of conduct

3 that gives rise to the disposition OR CONVICTION or to the

4 victim's estate. FOR AN OFFENSE THAT IS RESOLVED INFORMALLY BY

5 MEANS OF A CONSENT CALENDAR DIVERSION OR ANY OTHER INFORMAL

6 METHOD THAT DOES NOT RESULT IN A DISPOSITIONAL HEARING, THE COURT

7 SHALL ORDER THE RESTITUTION REQUIRED UNDER THIS SECTION BEFORE

8 THE OFFENSE IS INFORMALLY RESOLVED.

9 (3) If an offense results in damage to or loss or destruc-

10 tion of property of a victim of the offense , or results in the

11 seizure or impoundment of property of a victim of the offense,

12 the order of restitution may require that the juvenile do 1 or

13 more of the following, as applicable:

14 (a) Return the property to the owner of the property or to a

15 person designated by the owner.

16 (b) If return of the property under subdivision (a) is

17 impossible, impractical, or inadequate, pay an amount equal to

18 the greater of subparagraph (i) or (ii), less the value, deter-

19 mined as of the date the property is returned, of that property

20 or any part of the property that is returned:

21 (i) The value of the property on the date of the damage,

22 loss, or destruction.

23 (ii) The value of the property on the date of disposition.

24 (c) Pay the costs of the seizure or impoundment, or both.

25 (4) If an offense results in physical or psychological

26 injury to a victim, the order of restitution may require that the

27 juvenile do 1 or more of the following, as applicable:

00034'99

1 (a) Pay an amount equal to the cost of ~~actual~~ medical and

2 related professional services and devices ACTUALLY INCURRED AND

3 REASONABLY EXPECTED TO BE INCURRED relating to physical and psy-

4 chological care.

5 (b) Pay an amount equal to the cost of ~~actual~~ physical and

6 occupational therapy and rehabilitation ACTUALLY INCURRED AND

7 REASONABLY EXPECTED TO BE INCURRED.

8 (c) Reimburse the victim or the victim's estate for

9 after-tax income loss suffered by the victim as a result of the

10 offense OR, IF THE VICTIM IS LESS THAN 18 YEARS OF AGE OR IS

11 CLAIMED AS A DEPENDENT BY HIS OR HER PARENT OR GUARDIAN ON THE

12 PARENT'S OR GUARDIAN'S FEDERAL INCOME TAX RETURN, AFTER-TAX

13 INCOME LOSS SUFFERED BY THE VICTIM'S PARENT OR GUARDIAN AS A

14 RESULT OF THE OFFENSE.

15 (d) Pay an amount equal to the cost of psychological and

16 medical treatment for members of the victim's family ~~that has~~

17 ~~been~~ ACTUALLY incurred OR REASONABLY EXPECTED TO BE INCURRED as

18 a result of the offense.

19 (e) Pay an amount equal the costs of ~~actual~~ homemaking and

20 child care expenses ACTUALLY incurred OR REASONABLY EXPECTED TO

21 BE INCURRED as a result of the offense OR, IF HOMEMAKING OR CHILD

22 CARE IS PROVIDED WITHOUT COMPENSATION BY A RELATIVE, FRIEND, OR

23 ANY OTHER PERSON, AN AMOUNT EQUAL TO THE COSTS THAT WOULD REASON-

24 ABLY BE INCURRED AS A RESULT OF THE OFFENSE FOR THAT HOMEMAKING

25 AND CHILD CARE, BASED ON THE RATES IN THE AREA FOR COMPARABLE

26 SERVICES.

00034'99

1 (F) ~~(5) If an offense resulting in bodily injury also~~

2 ~~results in the death of a victim, the order of restitution may~~

3 ~~require that the juvenile pay~~ PAY an amount equal to the cost of

4 actual funeral and related services.

5 (G) IF THE DECEASED VICTIM COULD BE CLAIMED AS A DEPENDENT

6 BY HIS OR HER PARENT OR GUARDIAN ON THE PARENT'S OR GUARDIAN'S

7 FEDERAL, STATE, OR LOCAL INCOME TAX RETURNS, PAY AN AMOUNT EQUAL

8 TO THE LOSS OF THE TAX DEDUCTION. THE AMOUNT OF REIMBURSEMENT

9 SHALL BE ESTIMATED FOR EACH YEAR THE VICTIM COULD REASONABLY BE

10 CLAIMED AS A DEPENDENT.

11 (5) IF AN OFFENSE RESULTING IN BODILY INJURY ALSO RESULTS IN

12 THE DEATH OF A VICTIM OR SERIOUS IMPAIRMENT OF A BODY FUNCTION OF

13 A VICTIM, THE COURT MAY ORDER UP TO 3 TIMES THE AMOUNT OF RESTI-

14 TUTION OTHERWISE ALLOWED UNDER THIS SECTION. AS USED IN THIS

15 SUBSECTION, "SERIOUS IMPAIRMENT OF A BODY FUNCTION OF A VICTIM"

16 INCLUDES, BUT IS NOT LIMITED TO, 1 OR MORE OF THE FOLLOWING:

17 (A) LOSS OF A LIMB OR USE OF A LIMB.

18 (B) LOSS OF A HAND OR FOOT OR USE OF A HAND OR FOOT.

19 (C) LOSS OF AN EYE OR USE OF AN EYE OR EAR.

20 (D) LOSS OR SUBSTANTIAL IMPAIRMENT OF A BODILY FUNCTION.

21 (E) SERIOUS VISIBLE DISFIGUREMENT.

22 (F) A COMATOSE STATE THAT LASTS FOR MORE THAN 3 DAYS.

23 (G) MEASURABLE BRAIN DAMAGE OR MENTAL IMPAIRMENT.

24 (H) A SKULL FRACTURE OR OTHER SERIOUS BONE FRACTURE.

25 (I) SUBDURAL HEMORRHAGE OR SUBDURAL HEMATOMA.

26 (J) LOSS OF A BODY ORGAN.

00034'99

1 (6) If the victim or victim's estate consents, the order of

2 restitution may require that the juvenile make restitution in

3 services in lieu of money.

4 (7) If the victim is deceased, the court shall order that

5 the restitution be made to the victim's estate.

6 (8) The court shall order restitution to the crime ~~victims~~

7 ~~compensation board~~ VICTIM SERVICES COMMISSION or to any individ-

8 uals, partnerships, corporations, associations, governmental

9 entities, or other legal entities that have compensated the

10 victim or the victim's estate for a loss incurred by the victim

11 to the extent of the compensation paid for that loss. The court

12 shall also order restitution for the costs of services provided

13 to persons or entities that have provided services to the victim

14 as a result of the offense. Services that are subject to resti-

15 tution under this subsection include, but are not limited to,

16 shelter, food, clothing, and transportation. However, an order

17 of restitution shall require that all restitution to a victim or

18 victim's estate under the order be made before any restitution to

19 any other person or entity under that order is made. The court

20 shall not order restitution to be paid to a victim or victim's

21 estate if the victim or victim's estate has received or is to

22 receive compensation for that loss, and the court shall state on

23 the record with specificity the reasons for its action. ~~If an~~

24 ~~entity entitled to restitution under this subsection for compen-~~

25 ~~sating the victim or the victim's estate cannot or refuses to be~~

26 ~~reimbursed for that compensation, the restitution paid for that~~

00034'99

1 ~~entity shall be deposited in the crime victim's rights assessment~~

2 ~~fund or its successor fund.~~

3 (9) Any amount paid to a victim or victim's estate under an

4 order of restitution shall be set off against any amount later

5 recovered as compensatory damages by the victim or the victim's

6 estate in any federal or state civil proceeding and shall reduce

7 the amount payable to a victim or a victim's estate by an award

8 from the crime ~~victims compensation board~~ VICTIM SERVICES

9 COMMISSION made after an order of restitution under this

10 section.

11 (10) If not otherwise provided by the court under this sub-

12 section, restitution shall be made immediately. However, the

13 court may require that the juvenile make restitution under this

14 section within a specified period or in specified installments.

15 (11) If the juvenile is placed on probation, any restitution

16 ordered under this section shall be a condition of that

17 probation. The court may revoke probation if the juvenile fails

18 to comply with the order and if the juvenile has not made a good

19 faith effort to comply with the order. In determining whether to

20 revoke probation, the court shall consider the juvenile's employ-

21 ment status, earning ability, AND financial resources, the will-

22 fulness of the juvenile's failure to pay, and any other special

23 circumstances that may have a bearing on the juvenile's ability

24 to pay.

25 (12) A juvenile who is required to pay restitution and who

26 is not in willful default of the payment of the restitution may

27 at any time petition the court to modify the method of payment.

00034'99

1 If the court determines that payment under the order will impose

2 a manifest hardship on the juvenile or his or her immediate

3 family, AND IF THE COURT ALSO DETERMINES THAT MODIFYING THE

4 METHOD OF PAYMENT WILL NOT IMPOSE A MANIFEST HARDSHIP ON THE

5 VICTIM, the court may modify the method of payment.

6 (13) An order of restitution entered under this section

7 remains effective until it is satisfied in full. An order of

8 restitution is a judgment and lien against all property of the

9 individual ordered to pay restitution for the amount specified in

10 the order of restitution. The lien may be recorded as provided

11 by law. An order of restitution may be enforced UPON THE COURT'S

12 OWN MOTION, OR by the prosecuting attorney, a victim, a victim's

13 estate, or any other person or entity named in the order to

14 receive the restitution in the same manner as a judgment in a

15 civil action or a lien.

16 (14) Notwithstanding any other provision of this section, a

17 juvenile shall not be detained OR IMPRISONED for a violation of

18 probation , or PAROLE OR otherwise , for failure to pay res-

19 titution as ordered under this section unless the court deter-

20 mines that the juvenile has the resources to pay the ordered res-

21 titution and has not made a good faith effort to do so.

22 (15) If the court determines that the juvenile is or will be

23 unable to pay all of the restitution ordered, after notice to the

24 juvenile's parent or parents and an opportunity for the parent or

25 parents to be heard, the court may order the parent or parents

26 having supervisory responsibility for the juvenile at the time of

27 the acts upon which an order of restitution is based to pay any

00034'99

1 portion of the restitution ordered that is outstanding. An order

2 under this subsection does not relieve the juvenile of his or her

3 obligation to pay restitution as ordered, but the amount owed by

4 the juvenile shall be offset by any amount paid by his or her

5 parent. As used in this subsection, "parent" does not include a

6 foster parent.

7 (16) If the court orders a parent to pay restitution under

8 subsection (15), the court shall take into account the PARENT'S

9 financial resources ~~of the parent~~ and the burden that the pay-

10 ment of restitution will impose, with due regard to any other

11 moral or legal financial obligations ~~that~~ the parent may have.

12 If a parent is required to pay restitution under subsection (15),

13 the court shall provide for payment to be made in specified

14 installments and within a specified period of time.

15 (17) A parent who has been ordered to pay restitution under

16 subsection (15) may petition the court for a modification of the

17 amount of restitution owed by the parent or for a cancellation of

18 any unpaid portion of the parent's obligation. The court shall

19 cancel all or part of the parent's obligation due if the court

20 determines that payment of the amount due will impose a manifest

21 hardship on the parent AND IF THE COURT ALSO DETERMINES THAT MOD-

22 IFYING THE METHOD OF PAYMENT WILL NOT IMPOSE A MANIFEST HARDSHIP

23 ON THE VICTIM.

24 (18) In each case in which payment of restitution is ordered

25 as a condition of probation, the COURT SHALL ORDER ANY EMPLOYED

26 JUVENILE TO EXECUTE A WAGE ASSIGNMENT TO PAY THE RESTITUTION. IF

27 THE JUVENILE IS NOT CURRENTLY EMPLOYED, BUT BECOMES EMPLOYED

00034'99

1 DURING THE PERIOD OF PROBATION, THE PROBATION OFFICER SHALL

2 ENSURE THAT THE JUVENILE EXECUTES A WAGE ASSIGNMENT. THE juve-

3 nile caseworker or probation officer assigned to the case shall

4 review the case not less than twice yearly to ensure that resti-

5 tution is being paid as ordered. IF THE RESTITUTION WAS ORDERED

6 TO BE MADE IMMEDIATELY, THE JUVENILE CASEWORKER OR PROBATION

7 OFFICER ASSIGNED TO THE CASE SHALL REVIEW THE CASE NOT LESS THAN

8 3 MONTHS AFTER THE RESTITUTION WAS ORDERED TO DETERMINE IF THE

9 RESTITUTION HAS BEEN PAID IN FULL. The final review shall be con-

10 ducted not less than 60 days before the ~~expiration of the~~ pro-

11 bationary period EXPIRES. If the juvenile caseworker or proba-

12 tion officer determines AT ANY REVIEW the restitution is not

13 being paid as ordered, the juvenile caseworker or probation offi-

14 cer shall file a written report of the violation with the court

15 on a form prescribed by the state court administrative office.

16 The report shall include a statement of the amount of the arrear-

17 age, and any reasons for the arrearage ~~that are~~ known by the

18 juvenile caseworker or probation officer. The juvenile case-

19 worker or probation officer shall immediately provide a copy of

20 the report to the prosecuting attorney. ~~If a motion is filed or~~

21 ~~other proceedings are initiated to enforce payment of restitution~~

22 ~~and~~ UPON RECEIPT OF THE REPORT, THE COURT SHALL CONDUCT A HEAR-

23 ING, AND IF the court determines that restitution is not being

24 paid or has not been paid as ordered by the court, the court

25 shall promptly take action necessary to compel compliance.

26 (19) If the court determines that an individual who is

27 ordered to pay restitution under this section is remanded to the

00034'99

1 jurisdiction of the department of corrections, the court shall

2 provide a copy of the order of restitution to the department of

3 corrections when the court determines that the individual is

4 remanded to the department's jurisdiction.

5 (20) THE COURT SHALL NOT IMPOSE A FEE ON A VICTIM, VICTIM'S

6 ESTATE, OR PROSECUTING ATTORNEY FOR ENFORCING AN ORDER OF

7 RESTITUTION.

8 (21) IF A PERSON OR ENTITY ENTITLED TO RESTITUTION CANNOT BE

9 LOCATED OR REFUSES TO CLAIM THAT RESTITUTION WITHIN 2 YEARS AFTER

10 THE DATE ON WHICH HE OR SHE COULD HAVE CLAIMED THE RESTITUTION,

11 THE RESTITUTION PAID TO THAT PERSON OR ENTITY SHALL BE DEPOSITED

12 IN THE CRIME VICTIM'S RIGHTS FUND CREATED UNDER SECTION 4 OF 1989

13 PA 196, MCL 780.904, OR ITS SUCCESSOR FUND. HOWEVER, A PERSON OR

14 ENTITY ENTITLED TO THAT RESTITUTION MAY CLAIM THAT RESTITUTION AT

15 ANY TIME BY APPLYING TO THE CRIME VICTIM SERVICES COMMISSION IN

16 THE MANNER PROVIDED BY LAW.

17 SEC. 44A. (1) IF A PERSON IS SUBJECT TO ANY COMBINATION OF

18 FINES, COSTS, RESTITUTION, ASSESSMENTS, PROBATION OR PAROLE

19 SUPERVISION FEES, OR OTHER PAYMENTS ARISING OUT OF THE SAME CRIM-

20 INAL PROCEEDING, MONEY COLLECTED FROM THAT PERSON FOR THE PAYMENT

21 OF FINES, COSTS, RESTITUTION, ASSESSMENTS, PROBATION OR PAROLE

22 SUPERVISION FEES, OR OTHER PAYMENTS SHALL BE ALLOCATED AS PRO-

23 VIDED IN THIS SECTION.

24 (2) EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION, IF A

25 PERSON IS SUBJECT TO PAYMENT OF VICTIM PAYMENTS AND ANY COMBINA-

26 TION OF OTHER FINES, COSTS, ASSESSMENTS, PROBATION OR PAROLE

27 SUPERVISION FEES, OR OTHER PAYMENTS, 50% OF EACH PAYMENT

00034'99

1 COLLECTED BY THE COURT FROM THAT PERSON SHALL BE APPLIED TO

2 PAYMENT OF VICTIM PAYMENTS, AND THE BALANCE SHALL BE APPLIED TO

3 PAYMENT OF FINES, COSTS, SUPERVISION FEES, AND OTHER ASSESSMENTS

4 OR PAYMENTS. IF ANY FINES, COSTS, SUPERVISION FEES, OR OTHER

5 ASSESSMENTS OR PAYMENTS REMAIN UNPAID AFTER ALL OF THE VICTIM

6 PAYMENTS HAVE BEEN PAID, ANY ADDITIONAL MONEY COLLECTED SHALL BE

7 APPLIED TO PAYMENT OF THOSE FINES, COSTS, SUPERVISION FEES, OR

8 OTHER ASSESSMENTS OR PAYMENTS. IF ANY VICTIM PAYMENTS REMAIN

9 UNPAID AFTER ALL OF THE FINES, COSTS, SUPERVISION FEES, OR OTHER

10 ASSESSMENTS OR PAYMENTS HAVE BEEN PAID, ANY ADDITIONAL MONEY COL-

11 LECTED SHALL BE APPLIED TOWARD PAYMENT OF THOSE VICTIM PAYMENTS.

12 (3) IN CASES INVOLVING PROSECUTIONS FOR VIOLATIONS OF STATE

13 LAW, MONEY ALLOCATED UNDER SUBSECTION (2) FOR PAYMENT OF FINES,

14 COSTS, PROBATION AND PAROLE SUPERVISION FEES, AND ASSESSMENTS OR

15 PAYMENTS OTHER THAN VICTIM PAYMENTS SHALL BE APPLIED IN THE FOL-

16 LOWING ORDER OF PRIORITY:

17 (A) PAYMENT OF COSTS.

18 (B) PAYMENT OF FINES.

19 (C) PAYMENT OF PROBATION OR PAROLE SUPERVISION FEES.

20 (D) PAYMENT OF ASSESSMENTS AND OTHER PAYMENTS.

21 (4) IN CASES INVOLVING PROSECUTIONS FOR VIOLATIONS OF LOCAL

22 ORDINANCES, MONEY ALLOCATED UNDER SUBSECTION (2) FOR PAYMENT OF

23 FINES, COSTS, AND ASSESSMENTS OR PAYMENTS OTHER THAN VICTIM PAY-

24 MENTS SHALL BE APPLIED IN THE FOLLOWING ORDER OF PRIORITY:

25 (A) PAYMENT OF FINES AND COSTS.

26 (B) PAYMENT OF ASSESSMENTS AND OTHER PAYMENTS.

00034'99

1 (5) AS USED IN THIS SECTION, "VICTIM PAYMENT" MEANS

2 RESTITUTION ORDERED TO BE PAID TO THE VICTIM, TO THE VICTIM'S

3 ESTATE, OR TO A PERSON WHO REIMBURSED THE VICTIM FOR HIS OR HER

4 LOSS, OR AN ASSESSMENT ORDERED UNDER SECTION 5 OF 1989 PA 196,

5 MCL 780.905.

6 Sec. 46. (1) Upon the request of the victim, the prosecut-

7 ing attorney shall notify the victim of the following:

8 (a) That the juvenile ~~has~~ filed an appeal of his or her

9 adjudication, CONVICTION, DISPOSITION, OR SENTENCE OR THE PROSE-

10 CUTING ATTORNEY FILED AN APPEAL.

11 (b) Whether the juvenile has been ordered released on bail

12 or other recognizance pending the disposition of the appeal. If

13 the prosecuting attorney is notified that the juvenile has been

14 ordered released on bail or other recognizance pending disposi-

15 tion of the appeal, the prosecuting attorney shall use any means

16 reasonably calculated to give the victim notice of that order

17 within 24 hours after the prosecuting attorney is notified of the

18 order.

19 (c) The time and place of any appellate court proceedings

20 and any changes in the time or place of those proceedings.

21 (d) The result of the appeal. If the prosecuting attorney

22 is notified that the disposition OR CONVICTION is ~~ordered~~

23 reversed, or THE SENTENCE IS VACATED, the case is remanded for

24 further proceedings OR A NEW TRIAL, OR THE PROSECUTING ATTORNEY'S

25 APPEAL IS DENIED, the prosecuting attorney shall use any means

26 reasonably calculated to give the victim notice of that order

27 within 24 hours after the prosecuting attorney is notified of the

00034'99

1 order. NOT LATER THAN 48 HOURS BEFORE RELEASING AN OPINION OR

2 ORDER THAT REVERSES A JUVENILE'S ADJUDICATION OR CONVICTION,

3 VACATES AN ORDER OF DISPOSITION OR A SENTENCE, REMANDS A CASE TO

4 THE COURT FOR FURTHER PROCEEDINGS OR A NEW TRIAL, OR DENIES A

5 PROSECUTING ATTORNEY'S APPEAL, THE CLERK OF THE APPELLATE COURT

6 SHALL PROVIDE THE PROSECUTING ATTORNEY OF RECORD WITH A COPY OF

7 THAT ORDER OR OPINION.

8 (2) If the prosecuting attorney is not successful in notify-

9 ing the victim of an event described in subsection (1) within the

10 period set forth in that subsection, ~~for notification,~~ the

11 prosecuting attorney shall notify the victim of that event as

12 soon as possible by any means reasonably calculated to give the

13 victim prompt actual notice.

14 (3) Upon the request of the victim, the prosecuting attorney

15 shall provide the victim with a brief explanation in plain

16 English of the appeal process, including the possible

17 dispositions.

18 (4) ~~In the event the juvenile's adjudication or order of~~

19 ~~disposition is reversed and~~ IF the case is returned to the

20 ~~trial~~ court for further proceedings OR A NEW TRIAL, the victim

21 ~~shall have~~ HAS the same rights AS previously requested during

22 the proceedings ~~which~~ THAT led to the appeal.

23 Sec. 46a. (1) If a juvenile applies to have an adjudication

24 for an offense that if committed by an adult would be an assault-

25 ive crime or a serious misdemeanor set aside under section 18e of

26 chapter XIIA of ~~Act No. 288 of the Public Acts of 1939, being~~

27 ~~section 712A.18e of the Michigan Compiled Laws, and if the name~~

00034'99

1 ~~of the victim is known by~~ 1939 PA 288, MCL 712A.18E, AND the

2 prosecuting attorney KNOWS THE VICTIM'S NAME, the prosecuting

3 attorney shall give to the victim of the offense written notice

4 of the application and forward a copy of the application to the

5 victim. ~~The notice shall be by first-class mail to the victim's~~

6 ~~last known address.~~ The victim has the right to appear at any

7 proceeding under section 18e of chapter XIIA of ~~Act No. 288 of~~

8 ~~the Public Acts of 1939~~ 1939 PA 288, MCL 712A.18E, concerning

9 that adjudication and make a written or oral statement.

10 (2) IF A JUVENILE APPLIES TO HAVE A CONVICTION FOR AN

11 ASSAULTIVE CRIME OR SERIOUS MISDEMEANOR SET ASIDE UNDER 1965

12 PA 213, MCL 780.621 TO 780.624, AND THE PROSECUTING ATTORNEY

13 KNOWS THE VICTIM'S NAME, THE PROSECUTING ATTORNEY SHALL GIVE THE

14 VICTIM OF THE ASSAULTIVE CRIME OR SERIOUS MISDEMEANOR WRITTEN

15 NOTICE OF THE APPLICATION AND FORWARD A COPY OF THE APPLICATION

16 TO THE VICTIM. THE VICTIM HAS THE RIGHT TO APPEAR AT ANY PRO-

17 CEEDING UNDER 1965 PA 213, MCL 780.621 TO 780.624, CONCERNING

18 THAT CONVICTION AND MAKE AN ORAL OR WRITTEN STATEMENT.

19 (3) NOTICE UNDER THIS SECTION SHALL BE BY FIRST-CLASS MAIL

20 TO THE VICTIM'S LAST KNOWN ADDRESS.

21 (4) As used in this section:

22 (a) "Assaultive crime" means that term as defined in

23 section 9a of chapter X of the code of criminal procedure, ~~Act~~

24 ~~No. 175 of the Public Acts of 1927, being section 770.9a of the~~

25 ~~Michigan Compiled Laws~~ 1927 PA 175, MCL 770.9A.

26 (b) "Serious misdemeanor" means that term as defined in

27 section 61.

00034'99

1 Sec. 48. (1) Upon the victim's written request, the court

2 or the family independence agency or county juvenile agency, as

3 applicable, shall make a good faith effort to notify the victim

4 before any of the following occurs:

5 (a) The juvenile is dismissed from court jurisdiction or

6 discharged from commitment to the family independence agency or

7 county juvenile agency.

8 (b) The juvenile is transferred from a ~~secure~~ juvenile

9 facility to ~~a nonsecure~~ ANY OTHER juvenile facility.

10 (c) The juvenile has his or her name legally changed while

11 under the court's jurisdiction or within 2 years after discharge

12 from the court's jurisdiction.

13 (D) THE JUVENILE IS DETAINED FOR HAVING COMMITTED AN ACT

14 WHICH, IF COMMITTED BY AN ADULT, WOULD BE A CRIMINAL VIOLATION.

15 (2) If the court, family independence agency, or county

16 juvenile agency is not successful in notifying the victim before

17 an event described in subsection (1)(a), (b), or (c) occurs, it

18 shall notify the victim as soon as possible after that event

19 occurs.

20 (3) Upon the victim's written request, the family indepen-

21 dence agency, county juvenile agency, or court shall give to the

22 victim notice of a juvenile's escape from a secure detention or

23 treatment facility. A victim who requests notice of an escape

24 shall be given immediate notice of the escape by any means rea-

25 sonably calculated to give prompt actual notice.

26 (4) UPON THE VICTIM'S WRITTEN REQUEST, THE SHERIFF OR THE

27 DEPARTMENT OF CORRECTIONS SHALL MAIL TO THE VICTIM THE FOLLOWING,

00034'99

1 AS APPLICABLE, ABOUT A JUVENILE WHO HAS BEEN SENTENCED TO

2 IMPRISONMENT UNDER THE JURISDICTION OF THE SHERIFF OR THE DEPART-

3 MENT FOR THE OFFENSE AGAINST THAT VICTIM:

4 (A) WITHIN 30 DAYS AFTER THE REQUEST, NOTICE OF THE

5 SHERIFF'S CALCULATION OF THE JUVENILE'S EARLIEST RELEASE DATE OR

6 THE DEPARTMENT'S CALCULATION OF THE JUVENILE'S EARLIEST PAROLE

7 ELIGIBILITY, WITH ALL POTENTIAL GOOD TIME OR DISCIPLINARY CREDITS

8 CONSIDERED, IF THE SENTENCE OF IMPRISONMENT EXCEEDS 90 DAYS. THE

9 VICTIM MAY REQUEST 1-TIME ONLY NOTICE OF THE CALCULATION

10 DESCRIBED IN THIS SUBDIVISION.

11 (B) NOTICE OF THE JUVENILE'S TRANSFER OR PENDING TRANSFER TO

12 A MINIMUM SECURITY FACILITY AND THE FACILITY'S ADDRESS.

13 (C) NOTICE OF THE JUVENILE'S RELEASE OR PENDING RELEASE IN A

14 COMMUNITY RESIDENTIAL PROGRAM, UNDER FURLOUGH, OR ANY OTHER

15 TRANSFER TO COMMUNITY STATUS; ANY TRANSFER FROM 1 COMMUNITY RESI-

16 DENTIAL PROGRAM OR ELECTRONIC MONITORING PROGRAM TO ANOTHER; OR

17 ANY TRANSFER FROM A COMMUNITY RESIDENTIAL PROGRAM OR ELECTRONIC

18 MONITORING PROGRAM TO A STATE CORRECTIONAL FACILITY.

19 (D) NOTICE OF THE ESCAPE OF THE PERSON ACCUSED, CONVICTED,

20 OR IMPRISONED FOR COMMITTING AN OFFENSE AGAINST THE VICTIM.

21 (E) NOTICE OF THE VICTIM'S RIGHT TO ADDRESS OR SUBMIT A

22 WRITTEN STATEMENT FOR CONSIDERATION BY A PAROLE BOARD MEMBER OR A

23 MEMBER OF ANY OTHER PANEL HAVING AUTHORITY OVER THE JUVENILE'S

24 RELEASE ON PAROLE.

25 (F) NOTICE OF THE DECISION OF THE PAROLE BOARD, OR ANY OTHER

26 PANEL HAVING AUTHORITY OVER THE JUVENILE'S RELEASE ON PAROLE,

27 AFTER A PAROLE REVIEW.

00034'99

1 (G) NOTICE OF THE RELEASE OF A JUVENILE 90 DAYS BEFORE THE

2 DATE OF THE JUVENILE'S DISCHARGE FROM PRISON, UNLESS THE NOTICE

3 HAS BEEN OTHERWISE PROVIDED UNDER THIS ARTICLE.

4 (H) NOTICE OF A PUBLIC HEARING UNDER SECTION 44 OF 1953

5 PA 232, MCL 791.244, REGARDING A REPRIEVE, COMMUTATION, OR PARDON

6 OF THE JUVENILE'S SENTENCE BY THE GOVERNOR.

7 (I) NOTICE THAT A REPRIEVE, COMMUTATION, OR PARDON HAS BEEN

8 GRANTED.

9 (J) NOTICE THAT A JUVENILE HAS HAD HIS OR HER NAME LEGALLY

10 CHANGED WHILE ON PAROLE OR WITHIN 2 YEARS AFTER RELEASE FROM

11 PAROLE.

12 (5) A VICTIM'S ADDRESS AND TELEPHONE NUMBER MAINTAINED BY A

13 SHERIFF OR THE DEPARTMENT OF CORRECTIONS UPON A REQUEST FOR

14 NOTICE UNDER SUBSECTION (4) IS EXEMPT FROM DISCLOSURE UNDER THE

15 FREEDOM OF INFORMATION ACT, 1976 PA 442, MCL 15.231 TO 15.246.

16 (6) AS PROVIDED IN SUBSECTION (7) OR (8), A VICTIM WHO

17 REQUESTS NOTICE OF THE ESCAPE AND THE PROSECUTING ATTORNEY WHO

18 FILED THE PETITION ALLEGING THE OFFENSE FOR WHICH THE JUVENILE IS

19 ACCUSED, DETAINED, OR UNDER SENTENCE SHALL BE GIVEN IMMEDIATE

20 NOTICE OF THE JUVENILE'S ESCAPE. THE NOTICE SHALL BE GIVEN BY

21 ANY MEANS REASONABLY CALCULATED TO GIVE PROMPT ACTUAL NOTICE.

22 (7) IF THE ESCAPE OCCURS BEFORE THE SENTENCE IS EXECUTED OR

23 BEFORE THE JUVENILE IS DELIVERED TO THE FAMILY INDEPENDENCE

24 AGENCY, COUNTY JUVENILE AGENCY, SHERIFF, OR THE DEPARTMENT OF

25 CORRECTIONS, THE PERSON IN CHARGE OF THE AGENCY IN CHARGE OF THE

26 JUVENILE'S DETENTION SHALL GIVE NOTICE OF THE ESCAPE TO THE

00034'99

1 PROSECUTING ATTORNEY, WHO SHALL THEN GIVE NOTICE OF THE ESCAPE TO

2 A VICTIM WHO REQUESTED NOTICE.

3 (8) IF THE JUVENILE IS CONFINED UNDER SENTENCE, THE NOTICE

4 SHALL BE GIVEN BY THE CHIEF ADMINISTRATOR OF THE PLACE IN WHICH

5 THE JUVENILE IS CONFINED.

6 (9) ~~(4)~~ Upon the victim's request, the prosecuting attor-

7 ney shall give the victim notice of a review hearing conducted

8 under section 18 of chapter XIIA of 1939 PA 288, MCL 712A.18.

9 The victim has the right to make a statement at the hearing or

10 submit a written statement for use at the hearing, or both.

11 Sec. 61. (1) As EXCEPT AS OTHERWISE DEFINED IN THIS ARTI-

12 CLE, AS used in this article:

13 (a) "Serious misdemeanor" means 1 or more of the following:

14 (i) A violation of section 81 of the Michigan penal code,

15 ~~Act No. 328 of the Public Acts of 1931, being section 750.81 of~~

16 ~~the Michigan Compiled Laws~~ 1931 PA 328, MCL 750.81, assault and

17 battery, INCLUDING DOMESTIC VIOLENCE.

18 (ii) A violation of section 81a of ~~Act No. 328 of the~~

19 ~~Public Acts of 1931, being section 750.81a of the Michigan~~

20 ~~Compiled Laws~~ THE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.81A,

21 assault; infliction of serious injury, INCLUDING AGGRAVATED

22 DOMESTIC VIOLENCE.

23 (iii) A violation of section 115 of ~~Act No. 328 of the~~

24 ~~Public Acts of 1931, being section 750.115 of the Michigan~~

25 ~~Compiled Laws~~ THE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.115,

26 breaking and entering or illegal entry.

00034'99

1 (iv) A violation of section 136b(5) of ~~Act No. 328 of the~~

2 ~~Public Acts of 1931, being section 750.136b of the Michigan~~

3 ~~Compiled Laws~~ THE MICHIGAN PENAL CODE, 1931 PA 328,

4 MCL 750.136B, child abuse in the fourth degree.

5 (v) A violation of section 145a of ~~Act No. 328 of the~~

6 ~~Public Acts of 1931, being section 750.145a of the Michigan~~

7 ~~Compiled Laws~~ THE MICHIGAN PENAL CODE, 1931 PA 328,

8 MCL 750.145A, enticing a child for immoral purposes.

9 (vi) A violation of section 234 of ~~Act No. 328 of the~~

10 ~~Public Acts of 1931, being section 750.234 of the Michigan~~

11 ~~Compiled Laws~~ THE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.234,

12 discharge of a firearm intentionally aimed at a person.

13 (vii) A violation of section 235 of ~~Act No. 328 of the~~

14 ~~Public Acts of 1931, being section 750.235 of the Michigan~~

15 ~~Compiled Laws~~ THE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.235,

16 discharge of an intentionally aimed firearm resulting in injury.

17 (viii) A violation of section 335a of ~~Act No. 328 of the~~

18 ~~Public Acts of 1931, being section 750.335a of the Michigan~~

19 ~~Compiled Laws~~ THE MICHIGAN PENAL CODE, 1931 PA 328,

20 MCL 750.335A, indecent exposure.

21 (ix) A violation of section 617a of the Michigan vehicle

22 code, ~~Act No. 300 of the Public Acts of 1949, being section~~

23 ~~257.617a of the Michigan Compiled Laws~~ 1949 PA 300,

24 MCL 257.617A, leaving the scene of a personal injury accident.

25 (x) A violation of section 625 of ~~Act No. 300 of the Public~~

26 ~~Acts of 1949, being section 257.625 of the Michigan Compiled~~

27 ~~Laws~~ THE MICHIGAN VEHICLE CODE, 1949 PA 300, MCL 257.625,

00034'99

1 operating a vehicle while under the influence of or impaired by

2 intoxicating liquor or a controlled substance, or with an unlaw-

3 ful blood alcohol content, if the violation involves an accident

4 resulting in damage to another individual's property or physical

5 injury or death to another individual.

6 (xi) Selling or furnishing alcoholic liquor to an individual

7 less than 21 years of age in violation of section 33 701 of the

8 Michigan liquor control ~~act, Act No. 8 of the Extra Session of~~

9 ~~the Public Acts of 1933, being section 436.33 of the Michigan~~

10 ~~Compiled Laws~~ CODE OF 1998, 1998 PA 58, MCL 436.1701, if the

11 violation results in physical injury or death to any individual.

12 (xii) A violation of section 411h of ~~Act No. 328 of the~~

13 ~~Public Acts of 1931, being section 750.411h of the Michigan~~

14 ~~Compiled Laws~~ THE MICHIGAN PENAL CODE, 1931 PA 328,

15 MCL 750.411H, stalking.

16 (xiii) A violation of section ~~80176 of part 801 (marine~~

17 ~~safety)~~ 80176(1) OR (3) of the natural resources and environmen-

18 tal protection act, ~~Act No. 451 of the Public Acts of 1994,~~

19 ~~being section 324.80176 of the Michigan Compiled Laws~~ 1994

20 PA 451, MCL 324.80176, operating a vessel while under the influ-

21 ence of or impaired by intoxicating liquor or a controlled sub-

22 stance, or with an unlawful blood alcohol content, if the viola-

23 tion involves an accident resulting in damage to another

24 individual's property or physical injury or death to any

25 individual.

00034'99

1 (xiv) A violation of a local ordinance substantially

2 corresponding to a violation enumerated in subparagraphs (i) to

3 (xiii).

4 (xv) A violation charged as a crime or serious misdemeanor

5 ENUMERATED IN SUBPARAGRAPHS (i) TO (xiv) but subsequently reduced

6 to or pleaded to as a misdemeanor. As used in this subparagraph,

7 "crime" means that term as defined in section 2.

8 (b) "Defendant" means a person charged with or convicted of

9 having committed a serious misdemeanor against a victim.

10 (c) "Final disposition" means the ultimate termination of

11 the criminal prosecution of a defendant including, but not

12 limited to, dismissal, acquittal, or imposition of a sentence by

13 the court.

14 (d) "Person" means an individual, organization, partnership,

15 corporation, or governmental entity.

16 (e) "Prisoner" means a person who has been convicted and

17 sentenced to imprisonment for having committed a serious misde-

18 meanor against a victim.

19 (f) "Prosecuting attorney" means the prosecuting attorney

20 for a county, an assistant prosecuting attorney for a county, the

21 attorney general, the deputy attorney general, an assistant

22 attorney general, a special prosecuting attorney, or, in connec-

23 tion with the prosecution of an ordinance violation, an attorney

24 for the political subdivision that enacted the ordinance upon

25 which the violation is based.

26 (g) "Victim" ~~, except as otherwise defined in this~~

27 ~~article,~~ means any of the following:

00034'99

1 (i) An individual who suffers direct or threatened physical,

2 financial, or emotional harm as a result of the commission of a

3 serious misdemeanor, except as provided in subparagraph (ii),

4 (iii), or (iv).

5 (ii) The following individuals other than the defendant if

6 the victim is deceased:

7 (A) The spouse of the deceased victim.

8 (B) A child of the deceased victim if the child is 18 years

9 of age or older and sub-subparagraph (A) does not apply.

10 (C) A parent of a deceased victim if sub-subparagraphs (A)

11 and (B) do not apply.

12 (D) The guardian or custodian of a child of a deceased

13 victim if the child is less than 18 years of age and

14 sub-subparagraphs (A) to (C) do not apply.

15 (E) A sibling of the deceased victim if sub-subparagraphs

16 (A) to (D) do not apply.

17 (F) A grandparent of the deceased victim if

18 sub-subparagraphs (A) to (E) do not apply.

19 (iii) A parent, guardian, or custodian of a victim who is

20 less than 18 years of age AND WHO IS NOT THE DEFENDANT AND IS NOT

21 INCARCERATED, if the parent, guardian, or custodian so chooses.

22 (iv) A parent, guardian, or custodian of a victim who is so

23 mentally incapacitated that he or she cannot meaningfully under-

24 stand or participate in the legal process IF HE OR SHE IS NOT THE

25 DEFENDANT AND IS NOT INCARCERATED.

26 (2) If a victim as defined in subsection (1)(g)(i) is

27 physically or emotionally unable to exercise the privileges and

00034'99

1 rights under this article, the victim may designate his or her

2 spouse, ~~or a~~ child 18 years of age or older, parent, sibling,

3 or grandparent ~~of the victim~~ OR ANY OTHER PERSON 18 YEARS OF

4 AGE OR OLDER WHO IS NOT THE DEFENDANT AND IS NOT INCARCERATED to

5 act in HIS OR HER place ~~of the victim during the duration of~~

6 WHILE the physical or emotional disability CONTINUES. The victim

7 shall provide the prosecuting attorney with the name of the

8 person who is to act in place of the victim. During the physical

9 or emotional disability, notices to be provided under this arti-

10 cle to the victim shall continue to be sent only to the victim.

11 (3) An individual who is charged with a serious misdemeanor,

12 or a crime as defined in section 2, OR AN OFFENSE AS DEFINED IN

13 SECTION 31 arising out of the same transaction from which the

14 charge against the defendant arose is not eligible to exercise

15 the privileges and rights established for victims under this

16 article.

17 (4) AN INDIVIDUAL WHO IS INCARCERATED IS NOT ELIGIBLE TO

18 EXERCISE THE PRIVILEGES AND RIGHTS ESTABLISHED FOR VICTIMS UNDER

19 THIS ARTICLE EXCEPT THAT HE OR SHE MAY SUBMIT A WRITTEN STATEMENT

20 TO THE COURT.

21 Sec. 63. (1) Within 24 hours after the initial contact

22 between the victim of a reported serious misdemeanor and the law

23 enforcement agency having the responsibility for investigating

24 that serious misdemeanor, that agency shall give to the victim

25 the following information in writing:

26 (a) The availability of emergency and medical services, if

27 applicable.

00034'99

1 (b) The availability of victim's compensation benefits and

2 the address of the crime victims compensation board.

3 (c) The address and telephone number of the prosecuting

4 attorney whom the victim should contact to obtain information

5 about victim's rights.

6 (d) The following ~~statement~~ STATEMENTS:

7 "IF YOU WOULD LIKE TO BE NOTIFIED OF AN ARREST IN YOUR CASE

8 OR THE RELEASE OF THE PERSON ARRESTED, OR BOTH, YOU SHOULD CALL

9 (IDENTIFY LAW ENFORCEMENT AGENCY AND TELEPHONE NUMBER) AND INFORM

10 THEM."

11 "If you are not notified of an arrest in your case, you may

12 call this law enforcement agency at [the law enforcement agency's

13 telephone number] for the status of the case.".

14 (2) IF THE CASE AGAINST THE DEFENDANT IS BROUGHT UNDER A

15 LOCAL ORDINANCE, THE LAW ENFORCEMENT AGENCY HAVING RESPONSIBILITY

16 FOR INVESTIGATING THE SERIOUS MISDEMEANOR SHALL GIVE TO THE

17 VICTIM THE NAME AND BUSINESS ADDRESS OF THE LOCAL PROSECUTING

18 ATTORNEY FOR THE POLITICAL SUBDIVISION RESPONSIBLE FOR PROSECUT-

19 ING THE CASE ALONG WITH THE FOLLOWING STATEMENT:

20 "THE DEFENDANT IN YOUR CASE WILL BE PROSECUTED UNDER A LOCAL

21 ORDINANCE, RATHER THAN A STATE STATUTE. NONETHELESS, YOU HAVE

22 ALL THE RIGHTS AND PRIVILEGES AFFORDED TO VICTIMS UNDER THE STATE

23 CONSTITUTION AND THE STATE CRIME VICTIM'S RIGHTS ACT.".

24 Sec. 65. (1) Not later than 72 hours after the arrest of

25 the defendant for a serious misdemeanor, the law enforcement

26 agency having responsibility for investigating the serious

27 misdemeanor shall give to the victim notice of the availability

00034'99

1 of pretrial release for the defendant, the phone number of the

2 sheriff, and notice that the victim may contact the sheriff to

3 determine whether the defendant has been released from custody.

4 THE LAW ENFORCEMENT AGENCY HAVING RESPONSIBILITY FOR INVESTIGAT-

5 ING THE CRIME SHALL PROMPTLY NOTIFY THE VICTIM OF THE ARREST OR

6 PRETRIAL RELEASE OF THE DEFENDANT, OR BOTH, IF THE VICTIM

7 REQUESTS OR HAS REQUESTED THAT INFORMATION. IF THE DEFENDANT IS

8 RELEASED FROM CUSTODY BY THE SHERIFF, THE SHERIFF SHALL NOTIFY

9 THE LAW ENFORCEMENT AGENCY HAVING RESPONSIBILITY FOR INVESTIGAT-

10 ING THE CRIME.

11 (2) If the victim submits an affidavit asserting acts or

12 threats of physical violence or intimidation by the defendant or

13 at the defendant's direction against the victim or the victim's

14 immediate family, the prosecuting attorney, based on the victim's

15 affidavit, may move that the bond or personal recognizance of a

16 defendant be revoked.

17 Sec. 66. (1) If a plea of guilty or nolo contendere is

18 accepted by the court at the time of the arraignment of the

19 defendant for a serious misdemeanor, the court shall notify the

20 prosecuting attorney of the plea and the date of sentencing

21 within 48 hours after the arraignment. If no guilty or nolo con-

22 tendere plea is accepted at the arraignment and further proceed-

23 ings will be scheduled, the court shall so notify the prosecuting

24 attorney within 48 hours after the arraignment. A notice to the

25 prosecuting attorney under this subsection shall be on a separate

26 form and shall include the name, address, and telephone number of

27 the victim. The notice shall not be a matter of public record.

00034'99

1 Within 48 hours after receiving this notice, the prosecuting

2 attorney shall give to each victim a written notice in plain

3 English of each of the following:

4 (a) A brief statement of the procedural steps in the pro-

5 cessing of a misdemeanor case, including pretrial conferences.

6 (b) A specific list of the rights and procedures under this

7 article.

8 (C) A CONVENIENT MEANS FOR THE VICTIM TO NOTIFY THE PROSE-

9 CUTING ATTORNEY THAT THE VICTIM CHOOSES TO EXERCISE HIS OR HER

10 RIGHTS UNDER THIS ARTICLE.

11 (D) ~~(c)~~ Details and eligibility requirements FOR COMPENSA-

12 TION FROM THE CRIME VICTIMS SERVICES COMMISSION under ~~Act~~

13 ~~No. 223 of the Public Acts of 1976, being sections 18.351 to~~

14 ~~18.368 of the Michigan Compiled Laws~~ 1976 PA 223, MCL 18.351 TO

15 18.368.

16 (E) ~~(d)~~ Suggested procedures if the victim is subjected to

17 threats or intimidation.

18 (F) ~~(e)~~ The person to contact for further information.

19 (2) If requested by the victim, the prosecuting attorney

20 shall give to the victim notice of any scheduled court proceed-

21 ings and notice of any changes in that schedule.

22 (3) If the defendant has not already entered a plea of

23 guilty or nolo contendere at the arraignment, the prosecuting

24 attorney shall offer the victim the opportunity to consult with

25 the prosecuting attorney to obtain the views of the victim about

26 the disposition of the serious misdemeanor, including the

27 victim's views about dismissal, plea or sentence negotiations,

00034'99

1 and pretrial diversion programs before finalizing any negotiation

2 that may result in a dismissal, plea or sentence bargain, or pre-

3 trial diversion.

4 (4) If the case against the defendant is dismissed at any

5 time, the prosecuting attorney shall notify the victim of the

6 dismissal within 48 hours.

7 (5) A victim who receives a notice under subsection (1) or

8 (2) and who chooses to receive any ~~other~~ notice or ~~notices~~

9 EXERCISE ANY RIGHT under this article shall keep the following

10 persons informed of the victim's current address and telephone

11 number:

12 (a) The prosecuting attorney, until final disposition or

13 completion of the appellate process, whichever occurs later.

14 (b) The sheriff, if the defendant is imprisoned for more

15 than 92 days.

16 Sec. 68. (1) Based upon the victim's reasonable apprehen-

17 sion of acts or threats of physical violence or intimidation by

18 the defendant or at defendant's direction against the victim or

19 the victim's immediate family, the prosecuting attorney may move

20 that the victim or any other witness not be compelled to testify

21 at pretrial proceedings or at trial for purposes of identifying

22 the victim as to the victim's address, place of employment, or

23 other personal identification without the victim's consent. A

24 hearing on the motion shall be in camera.

25 (2) PURSUANT TO SECTION 24 OF ARTICLE I OF THE STATE CONSTI-

26 TUTION OF 1963, GUARANTEEING TO CRIME VICTIMS THE RIGHT TO BE

27 TREATED WITH RESPECT FOR THEIR DIGNITY AND PRIVACY, ALL OF THE

00034'99

1 FOLLOWING INFORMATION AND VISUAL REPRESENTATIONS OF A VICTIM ARE

2 EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, 1976

3 PA 442, MCL 15.231 TO 15.246:

4 (A) THE NAME, HOME ADDRESS, HOME TELEPHONE NUMBER, WORK

5 ADDRESS, AND WORK TELEPHONE NUMBER OF THE VICTIM.

6 (B) A PICTURE, PHOTOGRAPH, DRAWING, OR OTHER VISUAL REPRE-

7 SENTATION, INCLUDING ANY FILM, VIDEOTAPE, OR DIGITALLY STORED

8 IMAGE, SHOWING THE VICTIM'S INTIMATE PARTS, OR SHOWING SEXUAL

9 CONTACT OR SEXUAL PENETRATION INVOLVING THE VICTIM. AS USED IN

10 THIS SUBDIVISION, "INTIMATE PARTS", "SEXUAL CONTACT", AND "SEXUAL

11 PENETRATION" HAVE THE MEANINGS GIVEN TO THOSE TERMS IN SECTION

12 520A OF THE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.520A.

13 Sec. 71. The victim SHALL NOT BE SEQUESTERED AND has the

14 right to be present throughout the DEFENDANT'S entire trial of

15 ~~the defendant, unless the victim is going to be called as a~~

16 ~~witness~~ AND ALL OTHER COURT PROCEEDINGS THAT THE DEFENDANT HAS

17 THE RIGHT TO ATTEND. ~~If the victim is going to be called as a~~

18 ~~witness, the court may, for good cause shown, order the victim to~~

19 ~~be sequestered until the victim first testifies.~~

20 Sec. 74. If a presentence investigation report concerning

21 the defendant is prepared, the victim has the right to submit or

22 make a written or oral impact statement to the probation officer

23 for use by that officer in preparing the report pursuant to sec-

24 tion 14 of chapter XI of the code of criminal procedure, ~~Act~~

25 ~~No. 175 of the Public Acts of 1927, being section 771.14 of the~~

26 ~~Michigan Compiled Laws~~ 1927 PA 175, MCL 771.14. A victim's

00034'99

1 written statement shall, upon the victim's request, be included

2 in the presentence investigation report.

3 Sec. 75. If no presentence report is prepared, the court

4 shall notify the prosecuting attorney of the date and time of

5 sentencing at least 10 days prior to the sentencing. The victim

6 ~~shall have~~ HAS the right to submit a written impact statement

7 and ~~shall have~~ HAS the right to appear and make an oral impact

8 statement at the sentencing of the defendant. IF THE VICTIM IS

9 PHYSICALLY OR EMOTIONALLY UNABLE TO MAKE THE ORAL IMPACT STATE-

10 MENT, THE VICTIM MAY DESIGNATE ANY OTHER PERSON 18 YEARS OF AGE

11 OR OLDER WHO IS NOT THE DEFENDANT AND IS NOT SERVING A SENTENCE

12 TO MAKE THE STATEMENT ON HIS OR HER BEHALF. THE OTHER PERSON

13 NEED NOT BE AN ATTORNEY. The court shall consider the victim's

14 statement in imposing sentence on the defendant.

15 Sec. 76. (1) For purposes of this section only:

16 (a) "Misdemeanor" means a violation of a law of this state

17 or a local ordinance that is punishable by imprisonment for not

18 more than 1 year or a fine that is not a civil fine, but that is

19 not a felony.

20 (b) "Victim" means an individual who suffers direct or

21 threatened physical, financial, or emotional harm as a result of

22 the commission of a misdemeanor. For purposes of subsections

23 (2), (3), (6), (8), (9), and (13), victim includes a sole propri-

24 etorship, partnership, corporation, association, governmental

25 entity, or any other legal entity that suffers direct physical or

26 financial harm as a result of a misdemeanor.

00034'99

1 (2) Except as provided in subsection (8), when sentencing a

2 defendant convicted of a misdemeanor, the court shall order, in

3 addition to or in lieu of any other penalty authorized by law or

4 in addition to any other penalty required by law, that the

5 defendant make full restitution to any victim of the defendant's

6 course of conduct that gives rise to the conviction or to the

7 victim's estate.

8 (3) If a misdemeanor results in damage to or loss or

9 destruction of property of a victim of the misdemeanor or results

10 in the seizure or impoundment of property of a victim of the mis-

11 demeanor, the order of restitution may require that the defendant

12 do 1 or more of the following, as applicable:

13 (a) Return the property to the owner of the property or to a

14 person designated by the owner.

15 (b) If return of the property under subdivision (a) is

16 impossible, impractical, or inadequate, pay an amount equal to

17 the greater of subparagraph (i) or (ii), less the value, deter-

18 mined as of the date the property is returned, of that property

19 or any part of the property that is returned:

20 (i) The value of the property on the date of the damage,

21 loss, or destruction.

22 (ii) The value of the property on the date of sentencing.

23 (c) Pay the costs of the seizure or impoundment, or both.

24 (4) If a misdemeanor results in physical or psychological

25 injury to a victim, the order of restitution may require that the

26 defendant do 1 or more of the following, as applicable:

00034'99

1 (a) Pay an amount equal to the cost of ~~actual~~ medical and

2 related professional services and devices ACTUALLY INCURRED AND

3 REASONABLY EXPECTED TO BE INCURRED relating to physical and psy-

4 chological care.

5 (b) Pay an amount equal to the cost of ~~actual~~ physical and

6 occupational therapy and rehabilitation ACTUALLY INCURRED AND

7 REASONABLY EXPECTED TO BE INCURRED.

8 (c) Reimburse the victim or the victim's estate for

9 after-tax income loss suffered by the victim as a result of the

10 misdemeanor OR, IF THE VICTIM IS LESS THAN 18 YEARS OF AGE OR IS

11 CLAIMED AS A DEPENDENT BY HIS OR HER PARENT OR GUARDIAN ON THE

12 PARENT'S OR GUARDIAN'S FEDERAL INCOME TAX RETURN, AFTER-TAX

13 INCOME LOSS SUFFERED BY THE VICTIM'S PARENT OR GUARDIAN AS A

14 RESULT OF THE CRIME.

15 (d) Pay an amount equal to the cost of psychological and

16 medical treatment for members of the victim's family ~~that has~~

17 ~~been~~ ACTUALLY incurred AND REASONABLY EXPECTED TO BE INCURRED as

18 a result of the misdemeanor.

19 (e) Pay an amount equal to the costs of ~~actual~~ homemaking

20 and child care expenses ACTUALLY incurred AND REASONABLY EXPECTED

21 TO BE INCURRED as a result of the misdemeanor OR, IF HOMEMAKING

22 OR CHILD CARE IS PROVIDED WITHOUT COMPENSATION BY A RELATIVE,

23 FRIEND, OR ANY OTHER PERSON, AN AMOUNT EQUAL TO THE COSTS THAT

24 WOULD REASONABLY BE INCURRED AS A RESULT OF THE MISDEMEANOR FOR

25 THAT HOMEMAKING AND CHILD CARE, BASED ON THE RATES IN THE AREA

26 FOR COMPARABLE SERVICES.

00034'99

1 (F) ~~(5) If a misdemeanor resulting in bodily injury also~~

2 ~~results in the death of a victim, the order of restitution may~~

3 ~~require that the defendant pay~~ PAY an amount equal to the cost

4 of actual funeral and related services.

5 (G) IF THE DECEASED VICTIM COULD BE CLAIMED AS A DEPENDENT

6 BY HIS OR HER PARENT OR GUARDIAN ON THE PARENT'S OR GUARDIAN'S

7 FEDERAL, STATE, OR LOCAL INCOME TAX RETURNS, PAY AN AMOUNT EQUAL

8 TO THE LOSS OF THE TAX DEDUCTION. THE AMOUNT OF REIMBURSEMENT

9 SHALL BE ESTIMATED FOR EACH YEAR THE VICTIM COULD REASONABLY BE

10 CLAIMED AS A DEPENDENT.

11 (5) IF A CRIME RESULTING IN BODILY INJURY ALSO RESULTS IN

12 THE DEATH OF A VICTIM OR SERIOUS IMPAIRMENT OF A BODY FUNCTION OF

13 A VICTIM, THE COURT MAY ORDER UP TO 3 TIMES THE AMOUNT OF RESTI-

14 TUTION OTHERWISE ALLOWED UNDER THIS SECTION. AS USED IN THIS

15 SUBSECTION, "SERIOUS IMPAIRMENT OF A BODY FUNCTION OF A VICTIM"

16 INCLUDES, BUT IS NOT LIMITED TO, 1 OR MORE OF THE FOLLOWING:

17 (A) LOSS OF A LIMB OR USE OF A LIMB.

18 (B) LOSS OF A HAND OR FOOT OR USE OF A HAND OR FOOT.

19 (C) LOSS OF AN EYE OR USE OF AN EYE OR EAR.

20 (D) LOSS OR SUBSTANTIAL IMPAIRMENT OF A BODILY FUNCTION.

21 (E) SERIOUS VISIBLE DISFIGUREMENT.

22 (F) A COMATOSE STATE THAT LASTS FOR MORE THAN 3 DAYS.

23 (G) MEASURABLE BRAIN DAMAGE OR MENTAL IMPAIRMENT.

24 (H) A SKULL FRACTURE OR OTHER SERIOUS BONE FRACTURE.

25 (I) SUBDURAL HEMORRHAGE OR SUBDURAL HEMATOMA.

26 (J) LOSS OF A BODY ORGAN.

00034'99

1 (6) If the victim or victim's estate consents, the order of

2 restitution may require that the defendant make restitution in

3 services in lieu of money.

4 (7) If the victim is deceased, the court shall order that

5 the restitution be made to the victim's estate.

6 (8) The court shall order restitution to the crime victim

7 services commission or to any individuals, partnerships, corpora-

8 tions, associations, governmental entities, or other legal enti-

9 ties that have compensated the victim or the victim's estate for

10 a loss incurred by the victim to the extent of the compensation

11 paid for that loss. The court shall also order restitution for

12 the costs of services provided to persons or entities that have

13 provided services to the victim as a result of the misdemeanor.

14 Services that are subject to restitution under this subsection

15 include, but are not limited to, shelter, food, clothing, and

16 transportation. However, an order of restitution shall require

17 that all restitution to a victim or victim's estate under the

18 order be made before any restitution to any other person or

19 entity under that order is made. The court shall not order res-

20 titution to be paid to a victim or victim's estate if the victim

21 or victim's estate has received or is to receive compensation for

22 that loss, and the court shall state on the record with specific-

23 ity the reasons for its action. ~~If an entity entitled to resti-~~

24 ~~tution under this subsection for compensating the victim or the~~

25 ~~victim's estate cannot or refuses to be reimbursed for that com-~~

26 ~~pensation, the restitution paid for that entity shall be~~

27 ~~deposited by the state treasurer in the crime victim's rights~~

00034'99

1 ~~fund created under section 4 of 1989 PA 196, MCL 780.904, or its~~

2 ~~successor fund.~~

3 (9) Any amount paid to a victim or victim's estate under an

4 order of restitution shall be set off against any amount later

5 recovered as compensatory damages by the victim or the victim's

6 estate in any federal or state civil proceeding and shall reduce

7 the amount payable to a victim or a victim's estate by an award

8 from the crime victim services commission made after an order of

9 restitution under this section.

10 (10) If not otherwise provided by the court under this sub-

11 section, restitution shall be made immediately. However, the

12 court may require that the defendant make restitution under this

13 section within a specified period or in specified installments.

14 (11) If the defendant is placed on probation or the court

15 imposes a conditional sentence as provided in section 3 of chap-

16 ter IX of the code of criminal procedure, 1927 PA 175, MCL 769.3,

17 any restitution ordered under this section shall be a condition

18 of that probation or sentence. The court may revoke probation or

19 impose imprisonment under the conditional sentence if the

20 defendant fails to comply with the order and if the defendant has

21 not made a good faith effort to comply with the order. In deter-

22 mining whether to revoke probation or impose imprisonment, the

23 court shall consider the defendant's employment status, earning

24 ability, and financial resources, the willfulness of the

25 defendant's failure to pay, and any other special circumstances

26 that may have a bearing on the defendant's ability to pay.

00034'99

1 (12) A defendant who is required to pay restitution and who

2 is not in willful default of the payment of the restitution may

3 at any time petition the sentencing judge or his or her successor

4 to modify the method of payment. If the court determines that

5 payment under the order will impose a manifest hardship on the

6 defendant or his or her immediate family, AND IF THE COURT ALSO

7 DETERMINES THAT MODIFYING THE METHOD OF PAYMENT WILL NOT IMPOSE A

8 MANIFEST HARDSHIP ON THE VICTIM, the court may modify the method

9 of payment.

10 (13) An order of restitution entered under this section

11 remains effective until it is satisfied in full. An order of

12 restitution is a judgment and lien against all property of the

13 defendant for the amount specified in the order of restitution.

14 The lien may be recorded as provided by law. An order of resti-

15 tution may be enforced UPON THE COURT'S OWN MOTION, OR by the

16 prosecuting attorney, a victim, a victim's estate, or any other

17 person or entity named in the order to receive restitution in the

18 same manner as a judgment in a civil action or a lien.

19 (14) Notwithstanding any other provision of this section, a

20 defendant shall not be imprisoned, jailed, or incarcerated for a

21 violation of probation or otherwise for failure to pay restitu-

22 tion as ordered under this section unless the court determines

23 that the defendant has the resources to pay the ordered restitu-

24 tion and has not made a good faith effort to do so.

25 (15) In each case in which payment of restitution is ordered

26 as a condition of probation, the COURT SHALL ORDER ANY EMPLOYED

27 DEFENDANT TO EXECUTE A WAGE ASSIGNMENT TO PAY THE RESTITUTION.

00034'99

1 IF THE DEFENDANT IS NOT CURRENTLY EMPLOYED, BUT BECOMES EMPLOYED

2 DURING THE PERIOD OF PROBATION, THE PROBATION OFFICER SHALL

3 ENSURE THAT THE DEFENDANT EXECUTES A WAGE ASSIGNMENT. THE proba-

4 tion officer assigned to the case shall review the case not less

5 than twice yearly to ensure that restitution is being paid as

6 ordered. IF THE RESTITUTION WAS ORDERED TO BE MADE IMMEDIATELY,

7 THE PROBATION OFFICER ASSIGNED TO THE CASE SHALL REVIEW THE CASE

8 NOT LESS THAN 3 MONTHS AFTER THE RESTITUTION WAS ORDERED TO

9 DETERMINE IF THE RESTITUTION HAS BEEN PAID IN FULL. The final

10 review shall be conducted not less than 60 days before the proba-

11 tionary period expires. If the probation officer determines AT

12 ANY REVIEW that restitution is not being paid as ordered, the

13 probation officer shall file a written report of the violation

14 with the court on a form prescribed by the state court adminis-

15 trative office. The report shall include a statement of the

16 amount of the arrearage and any reasons for the arrearage known

17 by the probation officer. The probation officer shall immedi-

18 ately provide a copy of the report to the prosecuting attorney.

19 ~~If a motion is filed or other proceedings are initiated to~~

20 ~~enforce payment of restitution and~~ UPON RECEIPT OF THE REPORT,

21 THE COURT SHALL CONDUCT A HEARING, AND IF the court determines

22 that restitution is not being paid or has not been paid as

23 ordered by the court, the court shall promptly take action neces-

24 sary to compel compliance.

25 (16) If the court determines that a defendant who is ordered

26 to pay restitution under this section is remanded to the

27 jurisdiction of the department of corrections, the court shall

00034'99

1 provide a copy of the order of restitution to the department of

2 corrections when the court determines that the defendant is

3 remanded to the department's jurisdiction.

4 (17) THE COURT SHALL NOT IMPOSE A FEE ON A VICTIM, VICTIM'S

5 ESTATE, OR PROSECUTING ATTORNEY FOR ENFORCING AN ORDER OF

6 RESTITUTION.

7 (18) IF A PERSON OR ENTITY ENTITLED TO RESTITUTION CANNOT BE

8 LOCATED OR REFUSES TO CLAIM THAT RESTITUTION WITHIN 2 YEARS AFTER

9 THE DATE ON WHICH HE OR SHE COULD HAVE CLAIMED THE RESTITUTION,

10 THE RESTITUTION PAID TO THAT PERSON OR ENTITY SHALL BE DEPOSITED

11 IN THE CRIME VICTIM'S RIGHTS FUND CREATED UNDER SECTION 4 OF 1989

12 PA 196, MCL 780.904, OR ITS SUCCESSOR FUND. HOWEVER, A PERSON OR

13 ENTITY ENTITLED TO THAT RESTITUTION MAY CLAIM THAT RESTITUTION AT

14 ANY TIME BY APPLYING TO THE CRIME VICTIM SERVICES COMMISSION IN

15 THE MANNER PROVIDED BY LAW.

16 SEC. 76A. (1) IF A PERSON IS SUBJECT TO ANY COMBINATION OF

17 FINES, COSTS, RESTITUTION, ASSESSMENTS, PROBATION OR PAROLE

18 SUPERVISION FEES, OR OTHER PAYMENTS ARISING OUT OF THE SAME CRIM-

19 INAL PROCEEDING, MONEY COLLECTED FROM THAT PERSON FOR THE PAYMENT

20 OF FINES, COSTS, RESTITUTION, ASSESSMENTS, PROBATION OR PAROLE

21 SUPERVISION FEES, OR OTHER PAYMENTS SHALL BE ALLOCATED AS PRO-

22 VIDED IN THIS SECTION.

23 (2) EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION, IF A

24 PERSON IS SUBJECT TO PAYMENT OF VICTIM PAYMENTS AND ANY COMBINA-

25 TION OF OTHER FINES, COSTS, ASSESSMENTS, PROBATION OR PAROLE

26 SUPERVISION FEES, OR OTHER PAYMENTS, 50% OF EACH PAYMENT

27 COLLECTED BY THE COURT FROM THAT PERSON SHALL BE APPLIED TO

00034'99

1 PAYMENT OF VICTIM PAYMENTS, AND THE BALANCE SHALL BE APPLIED TO

2 PAYMENT OF FINES, COSTS, SUPERVISION FEES, AND OTHER ASSESSMENTS

3 OR PAYMENTS. IF ANY FINES, COSTS, SUPERVISION FEES, OR OTHER

4 ASSESSMENTS OR PAYMENTS REMAIN UNPAID AFTER ALL OF THE VICTIM

5 PAYMENTS HAVE BEEN PAID, ANY ADDITIONAL MONEY COLLECTED SHALL BE

6 APPLIED TO PAYMENT OF THOSE FINES, COSTS, SUPERVISION FEES, OR

7 OTHER ASSESSMENTS OR PAYMENTS. IF ANY VICTIM PAYMENTS REMAIN

8 UNPAID AFTER ALL OF THE FINES, COSTS, SUPERVISION FEES, OR OTHER

9 ASSESSMENTS OR PAYMENTS HAVE BEEN PAID, ANY ADDITIONAL MONEY COL-

10 LECTED SHALL BE APPLIED TOWARD PAYMENT OF THOSE VICTIM PAYMENTS.

11 (3) IN CASES INVOLVING PROSECUTIONS FOR VIOLATIONS OF STATE

12 LAW, MONEY ALLOCATED UNDER SUBSECTION (2) FOR PAYMENT OF FINES,

13 COSTS, PROBATION AND PAROLE SUPERVISION FEES, AND ASSESSMENTS OR

14 PAYMENTS OTHER THAN VICTIM PAYMENTS SHALL BE APPLIED IN THE FOL-

15 LOWING ORDER OF PRIORITY:

16 (A) PAYMENT OF COSTS.

17 (B) PAYMENT OF FINES.

18 (C) PAYMENT OF PROBATION OR PAROLE SUPERVISION FEES.

19 (D) PAYMENT OF ASSESSMENTS AND OTHER PAYMENTS.

20 (4) IN CASES INVOLVING PROSECUTIONS FOR VIOLATIONS OF LOCAL

21 ORDINANCES, MONEY ALLOCATED UNDER SUBSECTION (2) FOR PAYMENT OF

22 FINES, COSTS, AND ASSESSMENTS OR PAYMENTS OTHER THAN VICTIM PAY-

23 MENTS SHALL BE APPLIED IN THE FOLLOWING ORDER OF PRIORITY:

24 (A) PAYMENT OF FINES AND COSTS.

25 (B) PAYMENT OF ASSESSMENTS AND OTHER PAYMENTS.

26 (5) AS USED IN THIS SECTION, "VICTIM PAYMENT" MEANS

27 RESTITUTION ORDERED TO BE PAID TO THE VICTIM, TO THE VICTIM'S

00034'99

1 ESTATE, OR TO A PERSON WHO REIMBURSED THE VICTIM FOR HIS OR HER

2 LOSS, OR AN ASSESSMENT ORDERED UNDER SECTION 5 OF 1989 PA 196,

3 MCL 780.905.

4 Sec. 78. (1) Upon the request of the victim, the prosecut-

5 ing attorney shall notify the victim of the following:

6 (a) That the defendant ~~has~~ filed an appeal of his or her

7 conviction OR SENTENCE OR THAT THE PROSECUTING ATTORNEY FILED AN

8 APPEAL.

9 (b) Whether the defendant has been ordered released on bail

10 or other recognizance pending the disposition of the appeal. If

11 the prosecuting attorney is notified that the defendant has been

12 ordered released on bail or other recognizance pending disposi-

13 tion of the appeal, the prosecuting attorney shall use any means

14 reasonably calculated to give the victim notice of that order

15 within 24 hours after the prosecuting attorney is notified of the

16 order.

17 (c) The time and place of any appellate court proceedings

18 and any changes in the time or place of those proceedings.

19 (d) The result of the appeal. If the prosecuting attorney

20 is notified that the conviction is ordered reversed, or THE

21 SENTENCE IS VACATED, the case is remanded for further proceedings

22 OR A NEW TRIAL, OR THE PROSECUTING ATTORNEY'S APPEAL IS DENIED,

23 the prosecuting attorney shall use any means reasonably calcu-

24 lated to give the victim notice of that order within 24 hours

25 after the prosecuting attorney is notified of the order. NOT

26 LATER THAN 48 HOURS BEFORE RELEASING AN OPINION OR ORDER THAT

27 REVERSES A CONVICTION, VACATES A SENTENCE, REMANDS A CASE TO THE

00034'99

1 TRIAL COURT FOR FURTHER PROCEEDINGS OR A NEW TRIAL, OR DENIES A

2 PROSECUTING ATTORNEY'S APPEAL, THE CLERK OF THE APPELLATE COURT

3 SHALL PROVIDE THE PROSECUTING ATTORNEY OF RECORD WITH A COPY OF

4 THAT ORDER OR OPINION.

5 (2) If the prosecuting attorney is not successful in notify-

6 ing the victim of an event described in subsection (1) within the

7 period set forth in that subsection, ~~for notification,~~ the

8 prosecuting attorney shall notify the victim of that event as

9 soon as possible by any means reasonably calculated to give the

10 victim prompt actual notice.

11 (3) Upon the request of the victim, the prosecuting attorney

12 shall provide the victim with a brief explanation in plain

13 English of the appeal process, including the possible

14 dispositions.

15 (4) If ~~the defendant's conviction is reversed and~~ the case

16 is returned to the trial court for further proceedings OR A NEW

17 TRIAL, the victim ~~shall have~~ HAS the same rights AS previously

18 requested during the proceedings ~~which~~ THAT led to the appeal.

19 Sec. 78a. (1) Upon the written request of a victim of a

20 serious misdemeanor, the sheriff shall mail to the victim the

21 following, as applicable, about a prisoner who has been sentenced

22 to imprisonment under the jurisdiction of the sheriff for commis-

23 sion of that serious misdemeanor:

24 (a) Within 30 days after the request, notice of the

25 sheriff's calculation of the earliest release date of the prison-

26 er, with all potential good time or disciplinary credits

27 considered if the sentence of imprisonment exceeds 90 days. The

00034'99

1 victim may request 1-time only notice of the calculation

2 described in this subdivision.

3 ~~(b) Notice of the escape of the person accused, convicted,~~

4 ~~or imprisoned for committing a serious misdemeanor against the~~

5 ~~victim, as provided in section 78b.~~

6 (B) ~~(c)~~ Notice that a prisoner has had his or her name

7 legally changed while imprisoned in the county jail or within 2

8 years of release from the county jail.

9 (C) NOTICE THAT THE PRISONER HAS BEEN PLACED ON DAY PAROLE

10 OR WORK RELEASE.

11 (2) When a defendant is sentenced to a term of imprisonment,

12 the prosecuting attorney shall provide the victim with a form the

13 victim may submit to receive the notices provided for under this

14 section or section 78b. The form shall include the address of

15 the sheriff's department to which the form may be sent.

16 Enacting section 1. This amendatory act does not take

17 effect unless all of the following bills of the 90th Legislature

18 are enacted into law:

19 (a) Senate Bill No. _____ or House Bill No. _____ (request

20 no. 00034'99 a).

21 (b) Senate Bill No. _____ or House Bill No. _____ (request

22 no. 00034'99 b).

23 (c) Senate Bill No. _____ or House Bill No. _____ (request

24 no. 00034'99 c).

00034'99 Final page. DRM