SENATE BILL NO. 1183

October 08, 2020, Introduced by Senators SANTANA, IRWIN, BAYER, WOJNO, GEISS, HOLLIER and BULLOCK and referred to the Committee on Judiciary and Public Safety.

A bill to amend 1927 PA 175, entitled

"The code of criminal procedure,"

by amending section 2 of chapter XI (MCL 771.2), as amended by 2017 PA 10.

the people of the state of michigan enact:

CHAPTER XI

Sec. 2. (1) Except as provided in section 2a of this chapter, and section 36 of chapter VIII, if the defendant is convicted of an offense that is not a felony, the probation period shall must not exceed 2 years. Except as provided in section 2a of this chapter and section 36 of chapter VIII, if the defendant is convicted of a felony, the probation period shall must not exceed 5 years.

(2) Except as provided in subsection (4), (6), section 2a of this chapter, and section 36 of chapter VIII, after the defendant has completed 1/2 of the original felony probation period of his or her felony probation, the department or probation department may notify the sentencing court. If, after a hearing to review the case and the defendant's conduct while on probation, the court determines that the defendant's behavior warrants a reduction in the probationary term, the court may reduce that term by 100% or less. The victim must be notified of the date and time of the hearing and be given an opportunity to be heard. The court shall consider the impact on the victim and repayment of outstanding restitution caused by reducing the defendant's probationary term. Not less than 28 days before reducing or terminating a period of probation or conducting a review under this section, the court shall notify the prosecuting attorney, the defendant, or, if the defendant has an attorney, the defendant's attorney. However, this subsection does not apply to a defendant who is subject to a mandatory probation term.

(3) Except as provided in subsection (6), section 2a of this chapter, and section 36 of chapter VIII, and subject to subsection (4), the court shall reduce a sentence of probation by 90 days for every 6 months that a qualified probationer complies with the requirements of the medication-assisted program for the treatment of an alcohol use disorder or opioid use disorder approved by the department of corrections. However, this subsection does not apply to a qualified probationer who is subject to a mandatory probation term.

(4) The reduction in the term of probation required under subsection (3) does not apply to a qualified probationer who commits either of the following during his or her term of probation regardless of his or her compliance with a medication-assisted program for the treatment of an alcohol use disorder or opioid use disorder:

(a) An act that directly threatens, endangers, or injures another person.

(b) A violation of a law of this state, a political subdivision of this state, another state, or the United States or of tribal law, that is not a law related to the use or possession of a controlled substance, unless the court determines the primary cause of the violation was the probationer's identified substance use disorder and another person was not threatened, endangered, or injured by the conduct giving rise to the violation.

(5) (3) The department of corrections shall report, no later than December 31 of each year after the effective date of the amendatory act that added this subsection, to the committees of the senate and house of representatives concerning the judiciary or criminal justice the number of defendants referred to the court for a hearing under subsection (2). The state court administrative office shall report, no later than December 31 of each year after the effective date of the amendatory act that added this subsection, June 29, 2017, to the committees of the senate and house of representatives concerning the judiciary the number of probationers who were released early from probation under subsection (2).

(6) (4) A defendant who was convicted of 1 or more of the following crimes is not eligible for reduced probation under subsection (2) or (3):

(a) A violation of section 81(5) of the Michigan penal code, 1931 PA 328, MCL 750.81.

(b) A violation of section 84 of the Michigan penal code, 1931 PA 328, MCL 750.84.

(c) A violation of section 520c of the Michigan penal code, 1931 PA 328, MCL 750.520c.

(d) A violation of section 520e of the Michigan penal code, 1931 PA 328, MCL 750.520e.

(7) (5) The court shall, by order to be entered in the case as the court directs by general rule or in each case, fix and determine the period and conditions of probation. The order is part of the record in the case. The order shall include a designation that the probationer is a qualified probationer, if applicable. The court may amend the order in form or substance at any time. If the court reduces a defendant's probationary term under subsection (2) or (3), the period by which that term was reduced must be reported to the department of corrections.

(8) (6) A defendant who was placed on probation under section 1(4) of this chapter as it existed before March 1, 2003 for an offense committed before March 1, 2003 is subject to the conditions of probation specified in section 3 of this chapter, including payment of a probation supervision fee as prescribed in section 3c of this chapter, and to revocation for violation of these conditions, but the probation period must not be reduced other than by a revocation that results in imprisonment or as otherwise provided by law.

(9) (7) If an individual is placed on probation for a listed offense as that term is defined in section 2 of the sex offenders registration act, 1994 PA 295, MCL 28.722, the individual's probation officer shall register the individual or accept the individual's registration as provided in that act.

(10) (8) Subsection (1) does not apply to a juvenile placed on probation and committed under section 1(3) or (4) of chapter IX to an institution or agency described in the youth rehabilitation services act, 1974 PA 150, MCL 803.301 to 803.309.

(11) As used in this section:

(a) "Nonviolent offense" means a crime that does not involve the use of any force against or injury to another person.

(b) "Qualified probationer" means an individual serving 1 or more probation terms for a controlled substance violation or another nonviolent offense that the court record indicates was primarily the result of controlled substance or alcohol use.