SENATE BILL No. 1492

 

 

September 14, 2010, Introduced by Senator KUIPERS and referred to the Committee on Judiciary.

 

 

 

     A bill to amend 1927 PA 175, entitled

 

"The code of criminal procedure,"

 

by amending section 14 of chapter XI (MCL 771.14), as amended by

 

2000 PA 279.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

CHAPTER XI

 

     Sec. 14. (1) Before the court sentences a person charged with

 

a felony or a person who is a licensee or registrant under article

 

15 of the public health code, 1978 PA 368, MCL 333.16101 to

 

333.18838, as described in section 1(11) 1(14) of chapter IX, and,

 

if directed by the court, in any other case in which a person is

 

charged with a misdemeanor within the jurisdiction of the court,

 

the probation officer shall inquire into the antecedents,

 


character, and circumstances of the person, and shall report in

 

writing to the court.

 

     (2) A presentence investigation report prepared under

 

subsection (1) shall include all of the following:

 

     (a) An evaluation of and a prognosis for the person's

 

adjustment in the community based on factual information contained

 

in the report.

 

     (b) If requested by a victim, any written impact statement

 

submitted by the victim under the William Van Regenmorter crime

 

victim's rights act, 1985 PA 87, MCL 780.751 to 780.834.

 

     (c) A specific written recommendation for disposition based on

 

the evaluation and other information as prescribed by the assistant

 

director of the department of corrections in charge of probation.

 

     (d) A statement prepared by the prosecuting attorney as to

 

whether consecutive sentencing is required or authorized by law.

 

     (e) For a person to be sentenced under the sentencing

 

guidelines set forth in chapter XVII, all of the following:

 

     (i) For each conviction for which a consecutive sentence is

 

authorized or required, the sentence grid in part 6 of chapter XVII

 

that contains the recommended minimum sentence range.

 

     (ii) Unless otherwise provided in subparagraph (i), for each

 

crime having the highest crime class, the sentence grid in part 6

 

of chapter XVII that contains the recommended minimum sentence

 

range.

 

     (iii) Unless otherwise provided in subparagraph (i), the

 

computation that determines the recommended minimum sentence range

 

for the crime having the highest crime class.

 


     (iv) A specific statement as to the applicability of

 

intermediate sanctions, as defined in section 31 of chapter IX.

 

     (v) The recommended sentence.

 

     (f) If a person is to be sentenced for a felony or for a

 

misdemeanor involving the illegal delivery, possession, or use of

 

alcohol or a controlled substance, a statement that the person is

 

licensed or registered under article 15 of the public health code,

 

1978 PA 368, MCL 333.16101 to 333.18838, if applicable.

 

     (g) Diagnostic opinions that are available and not exempted

 

from disclosure under subsection (3).

 

     (3) The court may exempt from disclosure in the presentence

 

investigation report information or a diagnostic opinion that might

 

seriously disrupt a program of rehabilitation or sources of

 

information obtained on a promise of confidentiality. If a part of

 

the presentence investigation report is not disclosed, the court

 

shall state on the record the reasons for its action and inform the

 

defendant and his or her attorney that information has not been

 

disclosed. The action of the court in exempting information from

 

disclosure is subject to appellate review. Information or a

 

diagnostic opinion exempted from disclosure pursuant to this

 

subsection shall be specifically noted in the presentence

 

investigation report.

 

     (4) If a prepared presentence investigation report is amended

 

or altered before sentencing by the supervisor of the probation

 

officer who prepared the report or by any other person who has the

 

authority to amend or alter a presentence investigation report, the

 

probation officer may request that the court strike his or her name

 


from the report and the court shall comply with that request.

 

     (5) The court shall permit the prosecutor, the defendant's

 

attorney, and the defendant to review the presentence investigation

 

report before sentencing and to receive a copy of the report as

 

provided in subsection (7).

 

     (6) At the time of sentencing, either party may challenge, on

 

the record, the accuracy or relevancy of any information contained

 

in the presentence investigation report. The court may order an

 

adjournment to permit the parties to prepare a challenge or a

 

response to a challenge. If the court finds on the record that the

 

challenged information is inaccurate or irrelevant, that finding

 

shall be made a part of the record, the presentence investigation

 

report shall be amended, and the inaccurate or irrelevant

 

information shall be stricken accordingly before the report is

 

transmitted to the department of corrections.

 

     (7) A copy of the report described under subsection (5) and

 

the amended report described under subsection (6) shall be provided

 

to the prosecutor, the defendant, and the defendant's attorney. The

 

copy of the report described under subsection (5) shall be provided

 

at least 2 days before sentencing unless the 2-day period is waived

 

by the defendant. The prosecutor, the defendant, and the

 

defendant's attorney have the right to retain the copy of the

 

report and the amended report provided under this subsection.

 

     (8) (7) On appeal, the defendant's attorney, or the defendant

 

if proceeding pro se, shall be provided with a copy of the

 

presentence investigation report and any attachments to the report

 

with the exception of any information exempted from disclosure by

 


the court under subsection (3).

 

     (9) (8) If the person is committed to a state penal

 

institution, a copy or amended copy of the presentence

 

investigation report and, if a psychiatric examination of the

 

person has been made for the court, a copy of the psychiatric

 

report shall accompany the commitment papers. If the person is

 

sentenced by fine or imprisonment or placed on probation or other

 

disposition of his or her case is made by the court, a copy or

 

amended copy of the presentence investigation report, including a

 

psychiatric examination report made in the case, shall be filed

 

with the department of corrections.

 

     (10) (9) A prisoner under the jurisdiction of the department

 

of corrections shall be provided with a copy of any presentence

 

investigation report in the department's possession about that

 

prisoner, except for information exempted from disclosure under

 

subsection (3), not less than 30 days before a parole interview is

 

conducted under section 35 of the corrections code of 1953, 1953 PA

 

232, MCL 791.235.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No. 1491                                   

 

          of the 95th Legislature is enacted into law.