reglab/housing_qa huggingface dataset:
MI Comp L § 769.2a (2021)
2021 Michigan Compiled Laws|Chapters 760 - 777 - Code of Criminal Procedure|Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69)|175-1927-IX - Chapter IX Judgment and Sentence (769.1...769.36)|Section 769.2a - Persons Sentenced for Certain Crimes Not Eligible for Custodial Incarceration Outside State Correctional Facility or County Jail; “State Correctional Facility” Defined; Effect of Security Classification Waiver.

769.2a Persons sentenced for certain crimes not eligible for custodial incarceration outside state correctional facility or county jail; “state correctional facility” defined; effect of security classification waiver. Sec. 2a.  (1) If a person is sentenced by a court to imprisonment, or is serving a sentence of imprisonment, for any of the following crimes, the person shall not be eligible for custodial incarceration outside a state correctional facility or a county jail:  (a) Sections 520b, 520c, 520d, 520e, or 520g of the Michigan penal code, Act No. 328 of the Public Acts of 1931, being sections 750.520b, 750.520c, 750.520d, 750.520e, and 750.520g of the Michigan Compiled Laws.  (b) Former section 520 of Act No. 328 of the Public Acts of 1931.  (c) Murder in connection with sexual misconduct.  (d) An attempt to commit a crime described in subdivision (a), (b), or (c).  (2) As used in this section, "state correctional facility" means a facility or institution which is maintained and operated, or contracted for, by the department of corrections, other than a community corrections center, halfway house, resident home, prison farm housing unit, camp, the Cassidy lake technical school, or the Michigan reformatory trustee division, located at Ionia.  (3) A prisoner who receives a security classification waiver shall not be housed in a prison farm housing unit, or the Michigan reformatory trustee division located at Ionia. History: Add. 1953, Act 130, Eff. Oct. 2, 1953 ;-- Am. 1986, Act 110, Imd. Eff. May 23, 1986
MI Comp L § 769.3 (2021)
2021 Michigan Compiled Laws|Chapters 760 - 777 - Code of Criminal Procedure|Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69)|175-1927-IX - Chapter IX Judgment and Sentence (769.1...769.36)|Section 769.3 - Conditional Sentence; Payment of Fine; Probation.

769.3 Conditional sentence; payment of fine; probation. Sec. 3.  (1) If a person is convicted of an offense punishable by a fine or imprisonment, or both, the court may impose a conditional sentence and order the person to pay a fine, with or without the costs of prosecution, and restitution as provided under section 1a of this chapter or the crime victim's rights act, 1985 PA 87, MCL 780.751 to 780.834, within a limited time stated in the sentence and, in default of payment, sentence the person as provided by law.  (2) Except for a person who is convicted of criminal sexual conduct in the first or third degree, the court may also place the offender on probation with the condition that the offender pay a fine, costs, damages, restitution, or any combination in installments with any limited time and may, upon default in any of those payments, impose sentence as provided by law. History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17331 ;-- CL 1948, 769.3 ;-- Am. 1982, Act 470, Eff. Mar. 30, 1983 ;-- Am. 1998, Act 231, Imd. Eff. July 3, 1998 Former Law: See section 2 of Ch. 163 of R.S. 1846, being CL 1857, § 6101; CL 1871, § 7985; How., § 9601; CL 1897, § 11971; and CL 1915, § 15844.
MI Comp L § 769.4 (2021)
2021 Michigan Compiled Laws|Chapters 760 - 777 - Code of Criminal Procedure|Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69)|175-1927-IX - Chapter IX Judgment and Sentence (769.1...769.36)|Section 769.4 - Conditional Sentence; Execution.

769.4 Conditional sentence; execution. Sec. 4.  The person against whom any such conditional sentence shall be awarded, shall be forthwith committed to the custody of an officer in court or to the county jail, to be detained until the sentence be complied with; and if he shall not pay the fine within the time limited, the sheriff shall cause the other part of the sentence to be executed forthwith. History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17332 ;-- CL 1948, 769.4 Former Law: See section 3 of Ch. 163 of R.S. 1846, being CL 1857, § 6102; CL 1871, § 7986; How., § 9602; CL 1897, § 11972; and CL 1915, § 15845.
MI Comp L § 769.5 (2021)
2021 Michigan Compiled Laws|Chapters 760 - 777 - Code of Criminal Procedure|Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69)|175-1927-IX - Chapter IX Judgment and Sentence (769.1...769.36)|Section 769.5 - Alternative or Combined Penalties; Power of Court; Rebuttable Presumption; Reasonable Grounds for Departure; Show Cause Order; Contempt Order.

769.5 Alternative or combined penalties; power of court; rebuttable presumption; reasonable grounds for departure; show cause order; contempt order.Sec. 5.  (1) Subject to subsection (3), if a statute provides that an offense is punishable by imprisonment and a fine, the court may impose imprisonment without the fine or the fine without imprisonment.  (2) Subject to subsection (3), if a statute provides that an offense is punishable by fine or imprisonment, the court may impose both the fine and imprisonment in its discretion.  (3) There is a rebuttable presumption that the court shall sentence an individual convicted of a misdemeanor, other than a serious misdemeanor, with a fine, community service, or other nonjail or nonprobation sentence.  (4) The court may depart from the presumption under subsection (3) if the court finds reasonable grounds for the departure and states on the record the grounds for the departure.  (5) If the court finds that the sentenced person has not complied with his or her sentence, including a nonjail or nonprobation sentence, the court may issue an order for the person to show cause why he or she should not be held in contempt of court for not complying with the sentence. If the court finds the person in contempt, it may impose an additional sentence, including jail or probation if appropriate.  (6) If the finding of contempt of court under subsection (5) is for nonpayment of fines, costs, or other legal financial obligations, the court must find on the record that the person is able to comply with the payments without manifest hardship, and that the person has not made a good-faith effort to do so, before imposing an additional sentence.  (7) As used in this section, "serious misdemeanor" means that term as defined in section 61 of the William Van Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.811. History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17333 ;-- CL 1948, 769.5 ;-- Am. 2015, Act 216, Eff. Mar. 14, 2016 ;-- Am. 2020, Act 395, Eff. Mar. 24, 2021 Former Law: See Act 115 of 1839; and Sec. 4 of Ch. 163 of R.S. 1846, being CL 1857, § 6103; CL 1871, § 7987; How., § 9603; CL 1897, § 11973; CL 1915, § 15846.
MI Comp L § 769.6 (2021)
2021 Michigan Compiled Laws|Chapters 760 - 777 - Code of Criminal Procedure|Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69)|175-1927-IX - Chapter IX Judgment and Sentence (769.1...769.36)|Section 769.6 - Recognizance to Keep Peace; Court Option.

769.6 Recognizance to keep peace; court option. Sec. 6.  Every court before whom any person shall be convicted upon an indictment for any offense not punishable with death or by imprisonment in the state prison may, in addition to the punishment prescribed by law, require such person to recognize with sufficient sureties in a reasonable sum, to keep the peace or to be of good behavior, or both, for any time not exceeding 2 years and to stand committed until he shall so recognize. History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17334 ;-- CL 1948, 769.6 Former Law: See section 5 of Ch. 163 of R.S. 1846, being 1857, § 6104; CL 1871, § 7988; How., § 9604; CL 1897, § 11974; and CL 1915, § 15847.
MI Comp L § 769.7 (2021)
2021 Michigan Compiled Laws|Chapters 760 - 777 - Code of Criminal Procedure|Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69)|175-1927-IX - Chapter IX Judgment and Sentence (769.1...769.36)|Section 769.7 - Recognizance to Keep Peace; Breach of Condition; Procedure.

769.7 Recognizance to keep peace; breach of condition; procedure. Sec. 7.  In case of a breach of the condition of any such recognizance the same proceedings shall be had as are prescribed in relation to recognizances to keep the peace in other cases. History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17335 ;-- CL 1948, 769.7 Former Law: See section 6 of Ch. 163 of R.S. 1846, being CL 1857, § 6105; CL 1871, § 7989; How., § 9605; CL 1897, § 11975; and CL 1915, § 15848.
MI Comp L § 769.8 (2021)
2021 Michigan Compiled Laws|Chapters 760 - 777 - Code of Criminal Procedure|Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69)|175-1927-IX - Chapter IX Judgment and Sentence (769.1...769.36)|Section 769.8 - Definite Term Prohibited for Conviction for First Time for Felony; Fixing Minimum Term; Stating Maximum Term; Examination of Convict; Entering Facts in Minutes of Court.

769.8 Definite term prohibited for conviction for first time for felony; fixing minimum term; stating maximum term; examination of convict; entering facts in minutes of court. Sec. 8.  (1) When a person is convicted for the first time for committing a felony and the punishment prescribed by law for that offense may be imprisonment in a state prison, the court imposing sentence shall not fix a definite term of imprisonment, but shall fix a minimum term, except as otherwise provided in this chapter. The maximum penalty provided by law shall be the maximum sentence in all cases except as provided in this chapter and shall be stated by the judge in imposing the sentence.  (2) Before or at the time of imposing sentence, the judge shall ascertain by examining the defendant under oath, or otherwise, and by other evidence as can be obtained tending to indicate briefly the causes of the defendant's criminal character or conduct, which facts and other facts that appear to be pertinent in the case the judge shall cause to be entered upon the minutes of the court. History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17336 ;-- CL 1948, 769.8 ;-- Am. 1978, Act 77, Eff. Sept. 1, 1978 ;-- Am. 1994, Act 322, Eff. (pending) ;-- Am. 1998, Act 317, Eff. Dec. 15, 1998 Former Law: See section 1 of Act 184 of 1905, being CL 1915, § 15859; and Act 259 of 1921.
MI Comp L § 769.9 (2021)
2021 Michigan Compiled Laws|Chapters 760 - 777 - Code of Criminal Procedure|Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69)|175-1927-IX - Chapter IX Judgment and Sentence (769.1...769.36)|Section 769.9 - Indeterminate Sentence Inapplicable Where Only Punishment Is Life Imprisonment; Indeterminate Sentence in Cases Where Imprisonment for Life Discretionary; Indeterminate Sentence in Cases Involving Major Controlled Substance Offense.

769.9 Indeterminate sentence inapplicable where only punishment is life imprisonment; indeterminate sentence in cases where imprisonment for life discretionary; indeterminate sentence in cases involving major controlled substance offense. Sec. 9.  (1) The provisions of this chapter relative to indeterminate sentences shall not apply to a person convicted for the commission of an offense for which the only punishment prescribed by law is imprisonment for life.   (2) In all cases where the maximum sentence in the discretion of the court may be imprisonment for life or any number or term of years, the court may impose a sentence for life or may impose a sentence for any term of years. If the sentence imposed by the court is for any term of years, the court shall fix both the minimum and the maximum of that sentence in terms of years or fraction thereof, and sentences so imposed shall be considered indeterminate sentences. The court shall not impose a sentence in which the maximum penalty is life imprisonment with a minimum for a term of years included in the same sentence.  (3) In cases involving a major controlled substance offense for which the court is directed by law to impose a sentence which cannot be less than a specified term of years nor more than a specified term of years, the court in imposing the sentence shall fix the length of both the minimum and maximum sentence within those specified limits, in terms of years or fraction thereof, and the sentence so imposed shall be considered an indeterminate sentence. History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17337 ;-- CL 1948, 769.9 ;-- Am. 1957, Act 193, Eff. Sept. 27, 1957 ;-- Am. 1978, Act 77, Eff. Sept. 1, 1978 Former Law: See section 3 of Act 184 of 1905, being CL 1915, § 15861; and Act 259 of 1921.
MI Comp L § 769.10 (2021)
2021 Michigan Compiled Laws|Chapters 760 - 777 - Code of Criminal Procedure|Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69)|175-1927-IX - Chapter IX Judgment and Sentence (769.1...769.36)|Section 769.10 - Punishment for Subsequent Felony; Sentence Imposed for Term of Years Considered Indeterminate Sentence; Use of Conviction to Enhance Sentence Prohibited.

769.10 Punishment for subsequent felony; sentence imposed for term of years considered indeterminate sentence; use of conviction to enhance sentence prohibited.Sec. 10.  (1) If a person has been convicted of a felony or an attempt to commit a felony, whether the conviction occurred in this state or would have been for a felony or attempt to commit a felony in this state if obtained in this state, and that person commits a subsequent felony within this state, the person shall be punished upon conviction of the subsequent felony and sentencing under section 13 of this chapter as follows:   (a) If the subsequent felony is punishable upon a first conviction by imprisonment for a term less than life, the court, except as otherwise provided in this section or section 1 of chapter XI, may place the person on probation or sentence the person to imprisonment for a maximum term that is not more than 1-1/2 times the longest term prescribed for a first conviction of that offense or for a lesser term.   (b) If the subsequent felony is punishable upon a first conviction by imprisonment for life, the court, except as otherwise provided in this section or section 1 of chapter XI, may place the person on probation or sentence the person to imprisonment for life or for a lesser term.  (c) If the subsequent felony is a major controlled substance offense, the person shall be punished as provided by part 74 of the public health code, 1978 PA 368, MCL 333.7401 to 333.7461.  (2) If the court pursuant to this section imposes a sentence of imprisonment for any term of years, the court shall fix the length of both the minimum and maximum sentence within any specified limits in terms of years or a fraction of a year and the sentence so imposed shall be considered an indeterminate sentence. The court shall not fix a maximum sentence that is less than the maximum term for a first conviction.  (3) A conviction shall not be used to enhance a sentence under this section if that conviction is used to enhance a sentence under a statute that prohibits use of the conviction for further enhancement under this section. History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- Am. 1929, Act 24, Imd. Eff. Apr. 2, 1929 ;-- CL 1929, 17338 ;-- CL 1948, 769.10 ;-- Am. 1949, Act 56, Eff. Sept. 23, 1949 ;-- Am. 1978, Act 77, Eff. Sept. 1, 1978 ;-- Am. 1988, Act 90, Imd. Eff. Mar. 30, 1988 ;-- Am. 1998, Act 317, Eff. Dec. 15, 1998 ;-- Am. 2006, Act 655, Imd. Eff. Jan. 9, 2007 Former Law: See section 12 of Ch. 161 of R.S. 1846, being CL 1857, § 5948; CL 1871, § 7814; How., § 9424; CL 1897, § 11785; and CL 1915, § 15612.
MI Comp L § 769.11 (2021)
2021 Michigan Compiled Laws|Chapters 760 - 777 - Code of Criminal Procedure|Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69)|175-1927-IX - Chapter IX Judgment and Sentence (769.1...769.36)|Section 769.11 - Punishment for Subsequent Felony Following Conviction of 2 or More Felonies; Sentence for Term of Years Considered Indeterminate Sentence; Use of Conviction to Enhance Sentence Prohibited.

769.11 Punishment for subsequent felony following conviction of 2 or more felonies; sentence for term of years considered indeterminate sentence; use of conviction to enhance sentence prohibited.Sec. 11.  (1) If a person has been convicted of any combination of 2 or more felonies or attempts to commit felonies, whether the convictions occurred in this state or would have been for felonies or attempts to commit felonies in this state if obtained in this state, and that person commits a subsequent felony within this state, the person shall be punished upon conviction of the subsequent felony and sentencing under section 13 of this chapter as follows:  (a) If the subsequent felony is punishable upon a first conviction by imprisonment for a term less than life, the court, except as otherwise provided in this section or section 1 of chapter XI, may sentence the person to imprisonment for a maximum term that is not more than twice the longest term prescribed by law for a first conviction of that offense or for a lesser term.  (b) If the subsequent felony is punishable upon a first conviction by imprisonment for life, the court, except as otherwise provided in this section or section 1 of chapter XI, may sentence the person to imprisonment for life or for a lesser term.   (c) If the subsequent felony is a major controlled substance offense, the person shall be punished as provided by part 74 of the public health code, 1978 PA 368, MCL 333.7401 to 333.7461.  (2) If the court pursuant to this section imposes a sentence of imprisonment for any term of years, the court shall fix the length of both the minimum and maximum sentence within any specified limits in terms of years or a fraction of a year, and the sentence so imposed shall be considered an indeterminate sentence. The court shall not fix a maximum sentence that is less than the maximum term for a first conviction.  (3) A conviction shall not be used to enhance a sentence under this section if that conviction is used to enhance a sentence under a statute that prohibits use of the conviction for further enhancement under this section. History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- Am. 1929, Act 24, Imd. Eff. Apr. 2, 1929 ;-- CL 1929, 17339 ;-- CL 1948, 769.11 ;-- Am. 1949, Act 56, Eff. Sept. 23, 1949 ;-- Am. 1978, Act 77, Eff. Sept. 1, 1978 ;-- Am. 1988, Act 90, Imd. Eff. Mar. 30, 1988 ;-- Am. 1998, Act 317, Eff. Dec. 15, 1998 ;-- Am. 2006, Act 655, Imd. Eff. Jan. 9, 2007 Compiler's Notes: Act 196 of 1971, referred to in this section, was repealed by Act 368 of 1978.Former Law: See section 13 of Ch. 161 of R.S. 1846, being CL 1857, § 5949; CL 1871, § 7815; How., § 9425; CL 1897, § 11786; and CL 1915, § 15613.
MI Comp L § 769.11a (2021)
2021 Michigan Compiled Laws|Chapters 760 - 777 - Code of Criminal Procedure|Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69)|175-1927-IX - Chapter IX Judgment and Sentence (769.1...769.36)|Section 769.11a - Void Sentence; Trial Judge to Credit Time Served.

769.11a Void sentence; trial judge to credit time served. Sec. 11a.  Whenever any person has been heretofore or hereafter convicted of any crime within this state and has served any time upon a void sentence, the trial court, in imposing sentence upon conviction or acceptance of a plea of guilty based upon facts arising out of the earlier void conviction, shall in imposing the sentence specifically grant or allow the defendant credit against and by reduction of the statutory maximum by the time already served by such defendant on the sentence imposed for the prior erroneous conviction. Failure of the corrections commission to carry out the terms of said sentence shall be cause for the issuance of a writ of habeas corpus to have the prisoner brought before the court for the taking of such further action as the court may again determine.  History: Add. 1954, Act 205, Eff. Aug. 13, 1954 ;-- Am. 1965, Act 67, Imd. Eff. June 22, 1965
MI Comp L § 769.11b (2021)
2021 Michigan Compiled Laws|Chapters 760 - 777 - Code of Criminal Procedure|Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69)|175-1927-IX - Chapter IX Judgment and Sentence (769.1...769.36)|Section 769.11b - Credit Time Served Prior to Sentence; Lack of Bond.

769.11b Credit time served prior to sentence; lack of bond. Sec. 11b.  Whenever any person is hereafter convicted of any crime within this state and has served any time in jail prior to sentencing because of being denied or unable to furnish bond for the offense of which he is convicted, the trial court in imposing sentence shall specifically grant credit against the sentence for such time served in jail prior to sentencing. History: Add. 1965, Act 73, Eff. Mar. 31, 1966
MI Comp L § 769.14 (2021)
2021 Michigan Compiled Laws|Chapters 760 - 777 - Code of Criminal Procedure|Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69)|175-1927-IX - Chapter IX Judgment and Sentence (769.1...769.36)|Section 769.14 - Review of Sentence of Prisoner or Parolee; Application; Rights of Prisoner.

769.14 Review of sentence of prisoner or parolee; application; rights of prisoner. Sec. 14.  Any person now incarcerated in any state prison, or on parole from a sentence thereto, who was sentenced under the terms of sections 10, 11, 12 or 13 of this chapter as in effect prior to the effective date of Act No. 56 of the Public Acts of 1949, shall be entitled to a review of sentence upon application to the court in which he was sentenced. Upon such application any judge of such court may vacate the previous sentence and impose any lesser sentence which in his judgment might have been imposed under sections 10, 11, 12 or 13 of this chapter, as amended by Act No. 56 of the Public Acts of 1949, had such sections as amended been in force at the date of the previous sentence imposed upon said prisoner: Provided, That any sentence so imposed shall be deemed to have begun as of the date of the previous sentence, and the rights of such prisoner under the laws shall be governed by the lesser sentence as then imposed. History: Add. 1951, Act 159, Eff. Sept. 28, 1951 Constitutionality: This section violates Const 1963, art V, § 14, which, by implication, forbids the judiciary from commuting a sentence and restricts the legislature from passing a law which infringes upon the exclusive power of the governor to commute a sentence. People v Freleigh, 334 Mich 306; 54 NW2d 599 (1952).Former Law: See section 14 of Chapter IX of Act 175 of 1927; and Act 328 of 1931.
MI Comp L § 769.16 (2021)
2021 Michigan Compiled Laws|Chapters 760 - 777 - Code of Criminal Procedure|Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69)|175-1927-IX - Chapter IX Judgment and Sentence (769.1...769.36)|Section 769.16 - Clerk of Court and Sheriff; Duty in Executing Sentence; Fine or Imprisonment in County Jail; Transcript.

769.16 Clerk of court and sheriff; duty in executing sentence; fine or imprisonment in county jail; transcript.  Sec. 16.  When any person convicted of an offense shall be sentenced to pay a fine or costs, or to be imprisoned in the county jail, the clerk of the court shall, as soon as may be, make out and deliver to the sheriff of the county or some officer in court, a transcript from the minutes of the court, of the conviction and sentence duly certified by such clerk, which shall be sufficient authority for the sheriff to execute such sentence, and he shall execute the same accordingly. History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17344 ;-- CL 1948, 769.16 Former Law: See section 7 of Ch. 168 of R.S. 1846, being CL 1857, § 6106; CL 1871, § 7990; How., § 9606; CL 1897, § 11976; and CL 1915, § 15849.