reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 301 of 2020 - Address Confidentiality Program Act (780.851 - 780.873) › Section 780.861 - Request for Disclosure of Confidential Information for Legitimate Governmental Purpose; Notice of Request to Program Participant.

780.861 Request for disclosure of confidential information for legitimate governmental purpose; notice of request to program participant.
Sec. 11.
(1) A department of this state, a law enforcement agency, or a local unit of government may request the department of the attorney general to provide the confidential address, telephone number, and electronic mail address of a program participant if the requesting department of this state, a law enforcement agency, or a local unit of government requires access to the confidential address, telephone number, or electronic mail address of the program participant for a legitimate governmental purpose. A request may only be submitted under this subsection if the department of this state, the law enforcement agency, or the local unit of government was unsuccessful in contacting the program participant using the designated address. Upon receiving a request under this subsection, the department of the attorney general shall confirm whether an individual, minor, or ward is a program participant but may not disclose further information except as provided under subsections (3) and (4).
(2) Upon the filing of a request under this section and if the program participant is not identified in the request as a suspect in a criminal investigation, the department of the attorney general shall promptly provide the program participant with notice of the request.
(3) Subject to subsection (4), the department of the attorney general may grant the request submitted under subsection (1) if the department of the attorney general determines that disclosure of the confidential address, telephone number, or electronic mail address of the program participant to the requesting department of this state, law enforcement agency, or local unit of government is necessary for a legitimate governmental purpose.
(4) If a request submitted under subsection (1) is for the confidential address, telephone number, or electronic mail address of a minor, the department of the attorney general must consider if disclosure of the information requested is harmful to the program participant.
(5) Except as otherwise provided under section 21(2), a person who receives a confidential address, telephone number, or electronic mail address of a program participant under this section shall not disclose that information to another person.
History:
2020, Act 301, Imd. Eff. Dec. 29, 2020
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 301 of 2020 - Address Confidentiality Program Act (780.851 - 780.873) › Section 780.863 - Certification Training Program for Application Assistants and Victim Advocates.

780.863 Certification training program for application assistants and victim advocates.
Sec. 13.
(1) The department of the attorney general shall develop and offer a training program for application assistants and victim advocates to obtain certification under this act.
(2) The department of the attorney general shall certify a person applying for certification as an application assistant or as a victim advocate under this act if that person has completed the training program under subsection (1). The department of the attorney general shall make available on its website the names and contact information of the application assistants and victim advocates.
(3) An application assistant or victim advocate who provides assistance in accordance with this act does not violate section 916 of the revised judicature act of 1961, 1961 PA 236, MCL 600.916.
History:
2020, Act 301, Imd. Eff. Dec. 29, 2020
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 301 of 2020 - Address Confidentiality Program Act (780.851 - 780.873) › Section 780.865 - Computerized Database of Program Participants; Limited Access by Michigan Intelligence Operations Center.

780.865 Computerized database of program participants; limited access by Michigan intelligence operations center.
Sec. 15.
(1) The department of the attorney general must create and maintain a computerized database that contains the name, unique identification number, confidential address, mailing address, telephone number, and any electronic mail address of each program participant. The database must also include information described in section 5(4) that is provided on an application. The department of the attorney general, the department of technology, management, and budget, and the department of state may have access to the database as required to implement this act.
(2) The department of the attorney general must ensure the database under subsection (1) immediately provides the department of technology, management, and budget and the department of state, upon the certification of a program participant, the information listed in subsection (1), and upon the cancellation of a certification of a program participant under section 9, that status.
(3) The Michigan intelligence operations center in the department of state police shall only access the database created under subsection (1) in exigent circumstances and provide a program participant's information to a law enforcement agency if the center receives all of the following information from the law enforcement agency requesting the information:
(a) The originating agency identifier.
(b) A description of the exigent circumstances that require the disclosure of information from the database.
(c) The law enforcement agency's incident report number associated with the exigent circumstances described under subdivision (b).
(d) Whether the program participant is a suspect in a criminal investigation related to the exigent circumstances described under subdivision (b).
(4) The department of state police shall promptly provide the department of the attorney general with notice if a program participant's information is provided to a law enforcement agency under subsection (3). If the program participant is not identified as a suspect in a criminal investigation, the department of the attorney general shall promptly forward the notice to the program participant.
History:
2020, Act 301, Imd. Eff. Dec. 29, 2020
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 301 of 2020 - Address Confidentiality Program Act (780.851 - 780.873) › Section 780.867 - Promulgation of Rules.

780.867 Promulgation of rules.
Sec. 17.
The department of the attorney general may, in consultation with the Michigan domestic and sexual violence prevention and treatment board, the department of technology, management, and budget, and the department of state, promulgate rules to implement this act in compliance with the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
History:
2020, Act 301, Imd. Eff. Dec. 29, 2020
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 301 of 2020 - Address Confidentiality Program Act (780.851 - 780.873) › Section 780.869 - Confidential Address Fund.

780.869 Confidential address fund.
Sec. 19.
(1) The confidential address fund is created in the state treasury. The fund must be administered by the attorney general.
(2) The state treasurer may receive money and assets from any source for deposit into the fund. The state treasurer shall direct the investment of the fund. The state shall credit to the fund interest and earnings from fund investments.
(3) Money in the fund at the close of the fiscal year must remain in the fund and must not lapse to the general fund.
(4) The department of the attorney general shall develop and implement the program not more than 2 years after an appropriation is made to the fund to develop and implement the program.
(5) The department of the attorney general shall expend money from the fund, upon appropriation, for the purpose of administering the program.
History:
2020, Act 301, Imd. Eff. Dec. 29, 2020
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 301 of 2020 - Address Confidentiality Program Act (780.851 - 780.873) › Section 780.871 - False Statement or Unauthorized Disclosure; Violation; Penalties.

780.871 False statement or unauthorized disclosure; violation; penalties.
Sec. 21.
(1) A person shall not knowingly make a false statement in an application submitted under section 5.
(2) Except as otherwise provided by law, a person that is authorized under this act to access a confidential address, telephone number, or electronic mail address of a program participant or that is provided access to a confidential address, telephone number, or electronic mail address of a program participant under section 11 or 15(3) shall not knowingly disclose that confidential address, telephone number, or electronic mail address to any other person unless the disclosure is authorized under this act.
(3) A person that violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.
History:
2020, Act 301, Imd. Eff. Dec. 29, 2020
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 301 of 2020 - Address Confidentiality Program Act (780.851 - 780.873) › Section 780.873 - Address Confidentiality Program Advisory Council.

780.873 Address confidentiality program advisory council.
Sec. 23.
(1) The department of the attorney general shall establish an address confidentiality program advisory council composed of the following members:
(a) The attorney general, or his or her designee.
(b) The director of the department of technology, management, and budget, or his or her designee.
(c) The secretary of state, or his or her designee.
(d) The executive director of the Michigan Coalition to End Domestic and Sexual Violence, or his or her designee.
(e) The executive director of the Michigan domestic and sexual violence prevention and treatment board, or his or her designee.
(f) A representative of the state court administrative office.
(g) A representative of a unit of local government.
(2) Not later than 4 years after the effective date of this act, the first meeting of the advisory council must be called by the member described under subsection (1)(a).
(3) Except as provided in subsection (6), information collected by the advisory council under this section is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(4) The advisory council shall not deliberate toward or render a decision on public policy, and a meeting of the advisory council is not a meeting of a public body under the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(5) Members of the advisory council shall serve without compensation. However, members of the advisory council may be reimbursed for their actual and necessary expenses incurred in the performance of their official duties as members of the advisory council.
(6) The advisory council shall study the operations of and evaluate the program, and prepare and submit a report to the legislature of the findings. The advisory council shall not include in the report the name, confidential address, telephone number, or electronic mail address of a program participant or any other information that could reasonably be expected to identify a program participant. The report submitted under this subsection must be made available to the public in compliance with the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
History:
2020, Act 301, Imd. Eff. Dec. 29, 2020
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 196 of 1989 - Crime Victims Rights Services (780.901 - 780.911) › Section 780.901 - Definitions.

780.901 Definitions.
Sec. 1.
As used in this act:
(a) "Commission" means the crime victim services commission described in section 2 of 1976 PA 223, MCL 18.352.
(b) "Crime victim's rights services" means services required to implement fully the William Van Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.751 to 780.834, and services prescribed under this act.
(c) "Department" means the department of community health.
(d) "Felony" means a violation of a penal law of this state for which the offender, upon conviction, may be punished by imprisonment for more than 1 year or an offense expressly designated by law to be a felony.
(e) "Fund" means the crime victim's rights fund created under section 4.
(f) "Juvenile offense" means an offense committed by a juvenile under the jurisdiction of the juvenile division of the probate court or the family division of circuit court under section 2(a)(1) of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2, that if committed by an adult would be a felony, misdemeanor, or ordinance violation, if the juvenile's case is not designated as a case in which the juvenile is to be tried in the same manner as an adult.
History:
1989, Act 196, Eff. Oct. 30, 1989 ;-- Am. 1993, Act 345, Eff. May 1, 1994 ;-- Am. 1996, Act 26, Eff. May 1, 1996 ;-- Am. 1996, Act 520, Imd. Eff. Jan. 13, 1997 ;-- Am. 2008, Act 396, Imd. Eff. Dec. 29, 2008 ;-- Am. 2011, Act 294, Eff. Apr. 1, 2012
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 196 of 1989 - Crime Victims Rights Services (780.901 - 780.911) › Section 780.902 - Criminal Assessments Commission; Transfer of Powers, Duties, and Jurisdiction to Crime Victim Services Commission.

780.902 Criminal assessments commission; transfer of powers, duties, and jurisdiction to crime victim services commission.
Sec. 2.
The criminal assessments commission formerly created under this act is abolished. Its powers, duties, and jurisdiction are transferred to the crime victim services commission.
History:
1989, Act 196, Eff. Oct. 30, 1989 ;-- Am. 1996, Act 520, Imd. Eff. Jan. 13, 1997
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 196 of 1989 - Crime Victims Rights Services (780.901 - 780.911) › Section 780.903 - Crime Victim Services Commission; Duties.

780.903 Crime victim services commission; duties.
Sec. 3.
The commission shall do all of the following:
(a) Investigate and determine the amount of revenue needed to pay for crime victim's rights services.
(b) Investigate and determine an appropriate assessment amount to be imposed against convicted criminal defendants and juveniles for whom the probate court or the family division of circuit court enters orders of disposition for juvenile offenses to pay for crime victim's rights services.
(c) By December 31 of each year, report to the governor, the secretary of the senate, the clerk of the house of representatives, and the department the commission's findings and recommendations under this section.
History:
1989, Act 196, Eff. Oct. 30, 1989 ;-- Am. 1993, Act 345, Eff. May 1, 1994 ;-- Am. 1996, Act 520, Imd. Eff. Jan. 13, 1997
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 196 of 1989 - Crime Victims Rights Services (780.901 - 780.911) › Section 780.904 - Crime Victim's Rights Fund; Creation; Investment; Expenditures; Use of Additional Excess Revenue; Report Regarding Minor Crime Victims Receiving Crime Victim Compensation; "Minor Crime Victim" Defined.

780.904 Crime victim's rights fund; creation; investment; expenditures; use of additional excess revenue; report regarding minor crime victims receiving crime victim compensation; "minor crime victim" defined.
Sec. 4.
(1) The crime victim's rights fund is created as a separate fund in the state treasury. The state treasurer shall credit to the fund all amounts received under this act and as provided by law. The state treasurer shall invest fund money in the same manner as surplus funds are invested under section 3 of 1855 PA 105, MCL 21.143. Earnings from the fund must be credited to the fund.
(2) The fund must be expended only as provided in this act. Amounts in the fund in excess of the necessary revenue needed to pay for crime victim's rights services as determined by the commission under section 3(a) may be used for crime victim compensation under 1976 PA 223, MCL 18.351 to 18.368, including compensation to minor crime victims. Until September 30, 2022, additional excess revenue of not more than $3,500,000.00 that has not been used for crime victim compensation may be used to provide for establishment and maintenance of a statewide trauma system, including staff support associated with trauma and related emergency medical services program activities.
(3) Beginning December 31, 2017 and annually after that date, the department shall report all of the following regarding minor crime victims who received crime victim compensation under this section to the legislature:
(a) The number of minor crime victims who received compensation.
(b) The age, gender, and geographic location of minor crime victims who received compensation.
(c) Whether the compensation was used for counseling or other services.
(d) If the compensation was used for counseling, whether the minor crime victim received the counseling during a 1-time visit or over the course of multiple visits.
(4) As used in this section, "minor crime victim" means a crime victim who is less than 18 years of age.
History:
1989, Act 196, Eff. Oct. 30, 1989 ;-- Am. 1993, Act 345, Eff. May 1, 1994 ;-- Am. 1996, Act 520, Imd. Eff. Jan. 13, 1997 ;-- Am. 2008, Act 396, Imd. Eff. Dec. 29, 2008 ;-- Am. 2010, Act 202, Imd. Eff. Oct. 5, 2010 ;-- Am. 2010, Act 280, Eff. Apr. 1, 2011 ;-- Am. 2014, Act 299, Imd. Eff. Oct. 3, 2014 ;-- Am. 2015, Act 9, Eff. June 30, 2015 ;-- Am. 2017, Act 15, Eff. June 29, 2017 ;-- Am. 2018, Act 221, Eff. Sept. 24, 2018 ;-- Am. 2021, Act 89, Imd. Eff. Oct. 7, 2021
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 196 of 1989 - Crime Victims Rights Services (780.901 - 780.911) › Section 780.906 - Service and Funding Levels; Disbursements; Adjustments; Application for Compensation for Cost of Services; Administrative Costs.

780.906 Service and funding levels; disbursements; adjustments; application for compensation for cost of services; administrative costs.
Sec. 6.
(1) The department shall establish service and funding levels for the courts, departments, and local agencies that receive money under this act.
(2) A disbursement to cover the funding level established by the department shall be annually distributed to eligible departments and local agencies.
(3) If the amount retained by the clerk of a court pursuant to section 5(7) is less than the service and funding level for the court established under subsection (1), a disbursement to cover the difference between the amount retained and the funding level established by the department shall be annually distributed to an eligible court.
(4) A department or local agency that provides crime victim's rights services may apply quarterly to the department for an adjustment to the funding level established pursuant to subsection (1). The application shall be on a form provided by the department. The department shall disburse an adjustment to the funding level to an eligible department or local agency.
(5) A court that provides crime victim's rights services may apply annually to the department for compensation for the cost of those services to that court in excess of the greater of the amount retained under section 5(7) or the funding level for the court established pursuant to subsection (1). The application shall be on a form provided by the department.
(6) The department shall compensate units of government for the actual and reasonable administrative costs incurred by those units of government under this act.
History:
1989, Act 196, Eff. Oct. 30, 1989 ;-- Am. 1993, Act 345, Eff. May 1, 1994 ;-- Am. 2005, Act 315, Eff. Jan. 1, 2006
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 196 of 1989 - Crime Victims Rights Services (780.901 - 780.911) › Section 780.907 - Disbursements for Crime Victim's Rights Services; Priority; Financial Incentive Programs; Administrative Costs.

780.907 Disbursements for crime victim's rights services; priority; financial incentive programs; administrative costs.
Sec. 7.
(1) The department shall direct and authorize the state treasurer in writing to disburse money from the fund to pay for crime victim's rights services as required under this act. The department may direct and authorize the state treasurer in writing to disburse money from the fund to pay for crime victims' compensation as provided in section 4(2).
(2) The department shall make the implementation of crime victim's rights a priority, and may develop financial incentive programs to enhance the delivery of crime victim's rights services under this act.
(3) The department shall make disbursements under this act to the treasurer of a unit of government, and the treasurer shall transmit that money to courts, departments, and local agencies within that unit of government as the department directs. The department may withhold a distribution to a unit of government until the treasurer of that unit of government has distributed all previous disbursements made by the department to courts, departments, and local agencies within that unit of government.
(4) The department shall receive disbursements for its administrative costs as authorized by appropriation.
History:
1989, Act 196, Eff. Oct. 30, 1989 ;-- Am. 1993, Act 345, Eff. May 1, 1994
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 196 of 1989 - Crime Victims Rights Services (780.901 - 780.911) › Section 780.908 - Using Distribution to Maintain or Enhance Crime Victim's Rights Services.

780.908 Using distribution to maintain or enhance crime victim's rights services.
Sec. 8.
A court, department, or local agency that receives a distribution under this act shall use that distribution to maintain or enhance crime victim's rights services.
History:
1989, Act 196, Eff. Oct. 30, 1989 ;-- Am. 1993, Act 345, Eff. May 1, 1994 ;-- Am. 2008, Act 396, Imd. Eff. Dec. 29, 2008
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 196 of 1989 - Crime Victims Rights Services (780.901 - 780.911) › Section 780.909 - Annual Estimate of Cost and Revenue; Notice to Legislature; Covering Estimated Shortfall.

780.909 Annual estimate of cost and revenue; notice to legislature; covering estimated shortfall.
Sec. 9.
The department shall annually estimate the cost of providing crime victim's rights services and the estimated revenue to be received by the crime victim's rights fund. If the estimated revenue is projected to be insufficient to cover the estimated costs of totally funding crime victim's rights services, the department shall notify the legislature and determine whether to request an appropriation or budget transfer to cover the estimated shortfall.
History:
1989, Act 196, Eff. Oct. 30, 1989 ;-- Am. 1993, Act 345, Eff. May 1, 1994
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 196 of 1989 - Crime Victims Rights Services (780.901 - 780.911) › Section 780.910 - Rules.

780.910 Rules.
Sec. 10.
The department may promulgate rules to implement this act.
History:
1989, Act 196, Eff. Oct. 30, 1989
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 196 of 1989 - Crime Victims Rights Services (780.901 - 780.911) › Section 780.911 - Effective Date.

780.911 Effective date.
Sec. 11.
This act shall take effect upon the expiration of 60 days after the date of its enactment.
History:
1989, Act 196, Eff. Oct. 30, 1989
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 310 of 2006 - Deadly Force (780.961 - 780.961) › Section 780.961 - Use of Deadly Force or Force Other Than Deadly Force; Establishing Evidence That Individual's Actions Not Justified.

780.961 Use of deadly force or force other than deadly force; establishing evidence that individual's actions not justified.
Sec. 1.
(1) An individual who uses deadly force or force other than deadly force in compliance with section 2 of the self-defense act and who has not or is not engaged in the commission of a crime at the time he or she uses that deadly force or force other than deadly force commits no crime in using that deadly force or force other than deadly force.
(2) If a prosecutor believes that an individual used deadly force or force other than deadly force that is unjustified under section 2 of the self-defense act, the prosecutor may charge the individual with a crime arising from that use of deadly force or force other than deadly force and shall present evidence to the judge or magistrate at the time of warrant issuance, at the time of any preliminary examination, and at the time of any trial establishing that the individual's actions were not justified under section 2 of the self-defense act.
History:
2006, Act 310, Eff. Oct. 1, 2006
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 309 of 2006 - Self-Defense Act (780.971 - 780.974) › Section 780.971 - Short Title.

780.971 Short title.
Sec. 1.
This act shall be known and may be cited as the "self-defense act".
History:
2006, Act 309, Eff. Oct. 1, 2006
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 309 of 2006 - Self-Defense Act (780.971 - 780.974) › Section 780.972 - Use of Deadly Force by Individual Not Engaged in Commission of Crime; Conditions.

780.972 Use of deadly force by individual not engaged in commission of crime; conditions.
Sec. 2.
(1) An individual who has not or is not engaged in the commission of a crime at the time he or she uses deadly force may use deadly force against another individual anywhere he or she has the legal right to be with no duty to retreat if either of the following applies:
(a) The individual honestly and reasonably believes that the use of deadly force is necessary to prevent the imminent death of or imminent great bodily harm to himself or herself or to another individual.
(b) The individual honestly and reasonably believes that the use of deadly force is necessary to prevent the imminent sexual assault of himself or herself or of another individual.
(2) An individual who has not or is not engaged in the commission of a crime at the time he or she uses force other than deadly force may use force other than deadly force against another individual anywhere he or she has the legal right to be with no duty to retreat if he or she honestly and reasonably believes that the use of that force is necessary to defend himself or herself or another individual from the imminent unlawful use of force by another individual.
History:
2006, Act 309, Eff. Oct. 1, 2006
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 309 of 2006 - Self-Defense Act (780.971 - 780.974) › Section 780.973 - Duty to Retreat; Effect of Act on Common Law.

780.973 Duty to retreat; effect of act on common law.
Sec. 3.
Except as provided in section 2, this act does not modify the common law of this state in existence on October 1, 2006 regarding the duty to retreat before using deadly force or force other than deadly force.
History:
2006, Act 309, Eff. Oct. 1, 2006
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 309 of 2006 - Self-Defense Act (780.971 - 780.974) › Section 780.974 - Right to Use Deadly Force; Effect of Act on Common Law.

780.974 Right to use deadly force; effect of act on common law.
Sec. 4.
This act does not diminish an individual's right to use deadly force or force other than deadly force in self-defense or defense of another individual as provided by the common law of this state in existence on October 1, 2006.
History:
2006, Act 309, Eff. Oct. 1, 2006
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 93 of 2013 - Michigan Indigent Defense Commission Act (780.981 - 780.1003) › Section 780.981 - Short Title.

780.981 Short title.
Sec. 1.
This act shall be known and may be cited as the "Michigan indigent defense commission act".
History:
2013, Act 93, Imd. Eff. July 1, 2013
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 93 of 2013 - Michigan Indigent Defense Commission Act (780.981 - 780.1003) › Section 780.997 - Duty of Compliance With Approved Plan.

780.997 Duty of compliance with approved plan.
Sec. 17.
(1) Except as provided in subsection (2), every local unit of government that is part of an indigent criminal defense system shall comply with an approved plan under this act.
(2) A system's duty of compliance with 1 or more standards within the plan under subsection (1) is contingent upon receipt of a grant in the amount sufficient to cover that particular standard or standards contained in the plan and cost analysis approved by the MIDC.
(3) The MIDC may proceed under section 15 if an indigent criminal defense system breaches its duty of compliance under subsection (1).
History:
2013, Act 93, Imd. Eff. July 1, 2013 ;-- Am. 2016, Act 443, Imd. Eff. Jan. 4, 2017 ;-- Am. 2018, Act 214, Eff. Dec. 23, 2018
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 93 of 2013 - Michigan Indigent Defense Commission Act (780.981 - 780.1003) › Section 780.999 - Annual Report, Budget, and Listing of Expenditures; Availability on Website.

780.999 Annual report, budget, and listing of expenditures; availability on website.
Sec. 19.
The MIDC shall publish and make available to the public on a website its annual report, its budget, and a listing of all expenditures. Publication and availability of the listing of expenditures shall be on a quarterly basis, except for the annual report and salary information, which may be published and made available on an annual basis. As used in this section, "expenditures" means all payments or disbursements of MIDC funds, received from any source, made by the MIDC.
History:
2013, Act 93, Imd. Eff. July 1, 2013
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 93 of 2013 - Michigan Indigent Defense Commission Act (780.981 - 780.1003) › Section 780.1001 - Applicability of Freedom of Information Act and Open Meetings Act.

780.1001 Applicability of freedom of information act and open meetings act.
Sec. 21.
Both of the following apply to the MIDC:
(a) The freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, except as provided in section 7(10).
(b) The open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
History:
2013, Act 93, Imd. Eff. July 1, 2013
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 93 of 2013 - Michigan Indigent Defense Commission Act (780.981 - 780.1003) › Section 780.1002 - Michigan Indigent Defense Fund; Creation; Administration; Purpose.

780.1002 Michigan indigent defense fund; creation; administration; purpose.
Sec. 22.
(1) The Michigan indigent defense fund is created within the state treasury.
(2) The state treasurer may receive money or other assets from any source for deposit into the fund, including private gifts, bequests, and donations. The state treasurer shall direct the investment of the fund. The state treasurer shall credit to the fund interest and earnings from fund investments.
(3) Money in the fund at the close of the fiscal year shall lapse to the general fund.
(4) The commission shall be the administrator of the fund for auditing purposes.
(5) The commission shall expend money from the fund to carry out its responsibilities under this act.
History:
Add. 2018, Act 214, Eff. Dec. 23, 2018
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 93 of 2013 - Michigan Indigent Defense Commission Act (780.981 - 780.1003) › Section 780.1003 - Effect of United States or State Supreme Court Cases; Failure to Comply With Statutory Duties; Grounds for Reversal or Modification of Conviction.

780.1003 Effect of United States or state supreme court cases; failure to comply with statutory duties; grounds for reversal or modification of conviction.
Sec. 23.
(1) Nothing in this act shall be construed to overrule, expand, or extend, either directly or by analogy, any decisions reached by the United States supreme court or the supreme court of this state regarding the effective assistance of counsel.
(2) Nothing in this act shall be construed to override section 29 or 30 of article IX of the state constitution of 1963.
(3) Except as otherwise provided in this act, the failure of an indigent criminal defense system to comply with statutory duties imposed under this act does not create a cause of action against the government or a system.
(4) Statutory duties imposed that create a higher standard than that imposed by the United States constitution or the state constitution of 1963 do not create a cause of action against a local unit of government, an indigent criminal defense system, or this state.
(5) Violations of MIDC rules that do not constitute ineffective assistance of counsel under the United States constitution or the state constitution of 1963 do not constitute grounds for a conviction to be reversed or a judgment to be modified for ineffective assistance of counsel.
History:
2013, Act 93, Imd. Eff. July 1, 2013
2023 Michigan Compiled Laws › Chapter 791 - Department of Corrections › Repealed - Act 4 of 1947 (2nd Ex. Sess.) - Department of Corrections (791.1 - 791.123)

DEPARTMENT OF CORRECTIONS
Act 4 of 1947 (2nd Ex. Sess.)
791.1-791.123 Repealed. 1953, Act 232, Eff. Oct. 2, 1953.
2023 Michigan Compiled Laws › Chapter 791 - Department of Corrections › Repealed - Act 11 of 2017 - Supervising Region Incentive Act (791.131 - 791.137)

SUPERVISING REGION INCENTIVE ACT
Act 11 of 2017
791.131-791.137 Repealed. 2017, Act 11, Eff. June 29, 2022.
2023 Michigan Compiled Laws › Chapter 791 - Department of Corrections › Act 232 of 1953 - Corrections Code of 1953 (791.201 - 791.285) › 232-1953-I - Chapter I Department of Corrections. (791.201...791.220j) › Section 791.201a - Short Title.

791.201a Short title.
Sec. 1a.
This act shall be known and may be cited as the "corrections code of 1953".
History:
Add. 2002, Act 212, Imd. Eff. Apr. 29, 2002
Popular Name:
Department of Corrections Act
2023 Michigan Compiled Laws › Chapter 791 - Department of Corrections › Act 232 of 1953 - Corrections Code of 1953 (791.201 - 791.285) › 232-1953-I - Chapter I Department of Corrections. (791.201...791.220j) › Section 791.202 - Michigan Corrections Commission; Election of Chairperson and Other Officers; Meetings; Quorum; Powers and Duties; Conducting Business at Public Meeting; Notice.

791.202 Michigan corrections commission; election of chairperson and other officers; meetings; quorum; powers and duties; conducting business at public meeting; notice.
Sec. 2.
(1) The commission shall elect annually a chairperson and other officers as it considers expedient. A meeting shall be held not less than once each month or at other times as considered necessary. A majority of the total membership of the commission shall constitute a quorum for the transaction of business. The commission shall constitute the responsible authority for the administration of the correctional facilities, correctional industries, parole, and probation of the state, subject to the limitations set forth in this act. The commission shall determine all matters relating to the unified development of the correctional facilities, correctional industries, parole, and probation of the state and shall coordinate and adjust the agencies and correctional facilities within its jurisdiction so that each shall form an integral part of a general system.
(2) The business which the commission may perform shall be conducted at a public meeting held in compliance with Act No. 267 of the Public Acts of 1976, being sections 15.261 to 15.275 of the Michigan Compiled Laws. Public notice of the time, date, and place of the meeting shall be given in the manner required by Act No. 267 of the Public Acts of 1976.
History:
1953, Act 232, Eff. Oct. 2, 1953 ;-- Am. 1978, Act 413, Imd. Eff. Sept. 28, 1978 ;-- Am. 1987, Act 79, Imd. Eff. June 29, 1987
Popular Name:
Department of Corrections Act
2023 Michigan Compiled Laws › Chapter 791 - Department of Corrections › Act 232 of 1953 - Corrections Code of 1953 (791.201 - 791.285) › 232-1953-I - Chapter I Department of Corrections. (791.201...791.220j) › Section 791.203 - Corrections Commission; Director of Corrections, Appointment, Qualifications, Salary, Powers and Duties.

791.203 Corrections commission; director of corrections, appointment, qualifications, salary, powers and duties.
Sec. 3.
The commission shall appoint a director of corrections who shall be qualified by training and experience in penology. He shall hold office at the pleasure of the commission except that he may be removed for cause and only after a public hearing before the commission. He shall receive such salary as shall be appropriated by the legislature, together with actual and necessary traveling and other expenses. The director shall be the chief administrative officer of the commission and shall be responsible to the commission for the exercise of the powers and duties prescribed and conferred by this act, and for such other powers and duties as may be assigned by the commission, subject at all times to its control. Subject to the provisions of this act, and to the rules and regulations adopted by the commission, the director shall have full power and authority to supervise and control the affairs of the department, and the several bureaus thereof, and he shall carry out the orders of the commission.
History:
1953, Act 232, Eff. Oct. 2, 1953
Popular Name:
Department of Corrections Act
2023 Michigan Compiled Laws › Chapter 791 - Department of Corrections › Act 232 of 1953 - Corrections Code of 1953 (791.201 - 791.285) › 232-1953-I - Chapter I Department of Corrections. (791.201...791.220j) › Section 791.204 - State Department of Corrections; Jurisdiction.

791.204 State department of corrections; jurisdiction.
Sec. 4.
Subject to constitutional powers vested in the executive and judicial departments of the state, the department shall have exclusive jurisdiction over all of the following:
(a) Probation officers of this state, and the administration of all orders of probation.
(b) Pardons, reprieves, commutations, and paroles.
(c) Penal institutions, correctional farms, probation recovery camps, prison labor and industry, wayward minor programs, and youthful trainee institutions and programs for the care and supervision of youthful trainees.
(d) The lifetime electronic monitoring program established under section 85.
History:
1953, Act 232, Eff. Oct. 2, 1953 ;-- Am. 1966, Act 210, Imd. Eff. July 11, 1966 ;-- Am. 2006, Act 172, Eff. Aug. 28, 2006
Popular Name:
Department of Corrections Act
2023 Michigan Compiled Laws › Chapter 791 - Department of Corrections › Act 232 of 1953 - Corrections Code of 1953 (791.201 - 791.285) › 232-1953-I - Chapter I Department of Corrections. (791.201...791.220j) › Section 791.205 - Corrections Commission; Assistant Directors, Powers and Duties.

791.205 Corrections commission; assistant directors, powers and duties.
Sec. 5.
The director, subject to the approval of the commission, shall appoint an assistant director in charge of probation, an assistant director in charge of pardons and paroles, an assistant director in charge of penal institutions, an assistant director in charge of prison industries, and an assistant director in charge of a youth division. The assistant directors shall exercise and perform the respective powers and duties prescribed and conferred by this act, and such other powers and duties as may be assigned by the director, subject at all times to his control.
History:
1953, Act 232, Eff. Oct. 2, 1953
Popular Name:
Department of Corrections Act
2023 Michigan Compiled Laws › Chapter 791 - Department of Corrections › Act 232 of 1953 - Corrections Code of 1953 (791.201 - 791.285) › 232-1953-I - Chapter I Department of Corrections. (791.201...791.220j) › Section 791.205a - Employment or Appointment by Department of Person Convicted or Charged With Felony; Prohibition; Exception; Policy.

791.205a Employment or appointment by department of person convicted or charged with felony; prohibition; exception; policy.
Sec. 5a.
(1) Except as otherwise provided in this section, an individual who has been convicted of a felony, or who is subject to any pending felony charges, shall not be employed by or appointed to a position in the department.
(2) If records available to the department show that an applicant for employment or appointment has been convicted of a felony or is subject to pending felony charges, the department shall inform the applicant of that fact and of his or her resulting ineligibility for employment or appointment. At the request of the applicant, the department shall permit the applicant to review the relevant portion of the records. If the applicant disputes the accuracy of the records, the department shall allow the applicant a reasonable period of time to contact the responsible agency or agencies in order to correct the alleged inaccuracies, and shall allow the applicant to reapply for employment or appointment if the records, as corrected, would remove the ineligibility imposed by this section.
(3) The department shall establish a policy allowing for the employment or appointment of an individual who has been convicted of a felony to a position within the department if the individual's employment or appointment will not negatively impact public safety or the operation of the department.
(4) The policy developed under subsection (3) shall require an extensive background investigation of the applicant and the written approval of the director before the department may employ or appoint an applicant to a position in the department under subsection (3).
(5) An individual who is employed by or appointed to a position in the department under subsection (3) shall not be dismissed from his or her employment by or appointment in the department solely due to a felony conviction that he or she disclosed to the department prior to his or her employment by or appointment to a position in the department.
(6) Subsection (1) does not apply to an individual employed by or appointed to a position in the department before March 25, 1996.
History:
Add. 1996, Act 140, Imd. Eff. Mar. 25, 1996 ;-- Am. 2017, Act 191, Eff. Mar. 7, 2018
Popular Name:
Department of Corrections Act
2023 Michigan Compiled Laws › Chapter 791 - Department of Corrections › Act 232 of 1953 - Corrections Code of 1953 (791.201 - 791.285) › 232-1953-I - Chapter I Department of Corrections. (791.201...791.220j) › Section 791.207 - Report to Governor and Legislature; Time; Order by Board of Auditors; Printing and Distribution.

791.207 Report to governor and legislature; time; order by board of auditors; printing and distribution.
Sec. 7.
On or before the 15th day of January of each year, the commission shall make to the governor and legislature a report of the department for the preceding fiscal year. Such report, if so ordered by the board of state auditors, shall be printed and distributed in such manner and to such persons, organizations, institutions and officials as said board may direct.
History:
1953, Act 232, Eff. Oct. 2, 1953
Popular Name:
Department of Corrections Act
2023 Michigan Compiled Laws › Chapter 791 - Department of Corrections › Act 232 of 1953 - Corrections Code of 1953 (791.201 - 791.285) › 232-1953-I - Chapter I Department of Corrections. (791.201...791.220j) › Section 791.207a - Records of Department; Accessibility by Governing Bodies of Senate and House Fiscal Agency.

791.207a Records of department; accessibility by governing bodies of senate and house fiscal agency.
Sec. 7a.
(1) Except as provided in subsection (2), the governing bodies of the senate and house fiscal agencies shall have access to all records of the department of corrections relating to individuals under the supervision of the department of corrections including, but not limited to, records contained in basic information reports and in the corrections management information system, the parole board information system, and any successor databases.
(2) Records shall not be accessible under subsection (1) if the department of corrections determines that any of the following applies:
(a) Access is restricted or prohibited by law.
(b) Access could jeopardize an ongoing investigation.
(c) Access could jeopardize the safety of a prisoner, employee, or other person.
(d) Access could jeopardize the safety, custody, or security of an institution or other facility.
(3) The records that are to be accessed, and the manner of access to those records, shall be determined under a written agreement entered into jointly between the governing board of the senate fiscal agency, the governing committee of the house fiscal agency, and the department of corrections. The agreement shall ensure the confidentiality of accessed records.
History:
Add. 1998, Act 315, Eff. Dec. 15, 1998
Popular Name:
Department of Corrections Act
2023 Michigan Compiled Laws › Chapter 791 - Department of Corrections › Act 232 of 1953 - Corrections Code of 1953 (791.201 - 791.285) › 232-1953-I - Chapter I Department of Corrections. (791.201...791.220j) › Section 791.208 - Division of Criminal Statistics; Powers and Duties of Director.

791.208 Division of criminal statistics; powers and duties of director.
Sec. 8.
Within the department there shall be established a general division of criminal statistics under the supervision and control of the director. He shall have the power and it shall be his duty to obtain from all chiefs of police, sheriffs, state police, prosecuting attorneys, courts, judges, parole and probation officers and all others concerned in the control, apprehension, trial, probation, parole and commitments of adult criminals and delinquents in this state, periodical reports as to the number and kinds of offenses known to law enforcement officers; the numbers, age, sex, race, nativity and offenses of criminals and delinquents arrested, tried and otherwise disposed of; the sentences imposed and whether executed or suspended; the numbers placed on parole and probation and the reasons therefor and such other information as he may deem necessary. It shall be the duty of all such chiefs of police, sheriffs, state police, prosecuting attorneys, courts, judges, parole and probation officers and others concerned to make such reports at such times and in such manner, and to furnish such facilities for investigation as the director may reasonably require.
History:
1953, Act 232, Eff. Oct. 2, 1953
Popular Name:
Department of Corrections Act
2023 Michigan Compiled Laws › Chapter 791 - Department of Corrections › Act 232 of 1953 - Corrections Code of 1953 (791.201 - 791.285) › 232-1953-I - Chapter I Department of Corrections. (791.201...791.220j) › Section 791.208a - Definitions; Recidivism Rates; Collection and Maintenance of Data; Manner.

791.208a Definitions; recidivism rates; collection and maintenance of data; manner.
Sec. 8a.
(1) As used in this act:
(a) "Recidivism" means any rearrest, reconviction, or reincarceration in prison or jail for a felony or misdemeanor offense or a probation or parole violation of an individual as measured first after 3 years and again after 5 years from the date of his or her release from incarceration, placement on probation, or conviction, whichever is later.
(b) "Technical parole violation" means a violation of the terms of a parolee's parole order that is not a violation of a law of this state, a political subdivision of this state, another state, or the United States or of tribal law.
(c) "Technical probation violation" means a violation of the terms of a probationer's probation order that is not a violation of a law of this state, a political subdivision of this state, another state, or the United States or of tribal law.
(2) Any data collected and maintained under this act regarding recidivism rates must be collected and maintained in a manner that separates the data regarding technical probation violations and technical parole violations from data on new felony and misdemeanor convictions.
History:
Add. 2017, Act 4, Eff. June 29, 2017
Popular Name:
Department of Corrections Act