reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 87 of 1985 - William Van Regenmorter Crime Victim's Rights Act (780.751 - 780.834) › Article 1 - (780.751...780.775) › Section 780.769a - Defendant Found Not Guilty by Reason of Insanity; Notice to Victim From Director of Hospital or Facility.

780.769a Defendant found not guilty by reason of insanity; notice to victim from director of hospital or facility.
Sec. 19a.
(1) On a victim's written request, the director of a hospital or facility where a defendant found not guilty by reason of insanity has been hospitalized or admitted by court order shall notify the victim of the following:
(a) A pending transfer of the defendant to a less secure hospital or facility.
(b) A pending transfer of the defendant to alternative care or treatment, community placement, or aftercare reintegration.
(c) A pending leave, absence, furlough, or other release from confinement for the defendant, whether temporary or permanent.
(2) A notice required by subsection (1) shall be given by any means reasonably calculated to give the victim prompt actual notice.
(3) A victim's address and telephone number maintained by a hospital or facility under this section is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
History:
Add. 2005, Act 184, Eff. Jan. 1, 2006
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 87 of 1985 - William Van Regenmorter Crime Victim's Rights Act (780.751 - 780.834) › Article 1 - (780.751...780.775) › Section 780.770 - Notice of Escape.

780.770 Notice of escape.
Sec. 20.
(1) The person designated in subsections (2) to (4) shall give a victim who requests notice and the prosecuting attorney who is prosecuting or has prosecuted the crime for which a defendant is detained, under sentence, hospitalized, or admitted to a facility immediate notice of the escape of the defendant accused, convicted, imprisoned, hospitalized, or admitted to a facility for committing a crime against the victim. The notice shall be given by any means reasonably calculated to give prompt actual notice.
(2) If notice is required under this section and the defendant escapes from custody before sentence is executed or before the defendant is delivered to the department of corrections, hospitalized, or admitted to a facility, the chief law enforcement officer of the agency in charge of the person's detention shall give notice to the prosecuting attorney that the defendant has escaped, who shall then give notice to the victim who requested that notice. The notice shall be provided to the victim within 24 hours after the defendant is reported to have escaped.
(3) If the defendant is confined under a sentence, the notice required under this section shall be given by the chief administrator of the place in which the prisoner is confined.
(4) If the defendant is hospitalized under an order of hospitalization or admitted to a facility under an order of admission, the notice required under this section shall be given by the director of the hospital in which the defendant is hospitalized or by the director of the facility to which the defendant is admitted.
History:
1985, Act 87, Eff. Oct. 9, 1985 ;-- Am. 2005, Act 184, Eff. Jan. 1, 2006 ;-- Am. 2012, Act 564, Eff. Mar. 28, 2013
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 87 of 1985 - William Van Regenmorter Crime Victim's Rights Act (780.751 - 780.834) › Article 1 - (780.751...780.775) › Section 780.770a - Notice to Victim by Family Independence Agency or County Juvenile Agency; Escape by Juvenile.

780.770a Notice to victim by family independence agency or county juvenile agency; escape by juvenile.
Sec. 20a.
(1) Upon a victim's written request, the family independence agency or county juvenile agency, as applicable, shall make a good faith effort to notify the victim before either of the following occurs:
(a) A juvenile is dismissed from court jurisdiction or discharged from commitment to the family independence agency or county juvenile agency.
(b) A juvenile is transferred from a secure juvenile facility to a nonsecure juvenile facility.
(2) If the family independence agency or county juvenile agency is not successful in notifying the victim before an event described in subsection (1) occurs, it shall notify the victim as soon as possible after that event occurs by any means reasonably calculated to give prompt actual notice.
(3) Upon the victim's written request, the family independence agency or county juvenile agency, as applicable, shall give to the victim notice of a juvenile's escape. A victim who requests notice of an escape shall be given immediate notice of the escape by any means reasonably calculated to give prompt actual notice. If the escape occurs before the juvenile is delivered to the family independence agency or county juvenile agency, the agency in charge of the juvenile's detention shall give notice of the escape to the family independence agency or county juvenile agency, which shall then give notice of the escape to the victim who requested notice.
History:
Add. 1993, Act 341, Eff. May 1, 1994 ;-- Am. 1998, Act 523, Imd. Eff. Jan. 12, 1999
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 87 of 1985 - William Van Regenmorter Crime Victim's Rights Act (780.751 - 780.834) › Article 1 - (780.751...780.775) › Section 780.770b - Notice of Review Hearing.

780.770b Notice of review hearing.
Sec. 20b.
Upon the victim's request, the prosecuting attorney shall give the victim notice of a review hearing conducted pursuant to section 1b of chapter IX of the code of criminal procedure, Act No. 175 of the Public Acts of 1927, being section 769.1b of the Michigan Compiled Laws. The victim has the right to make a statement at the hearing, submit a written statement for use at the hearing, or both.
History:
Add. 1993, Act 341, Eff. May 1, 1994
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 87 of 1985 - William Van Regenmorter Crime Victim's Rights Act (780.751 - 780.834) › Article 1 - (780.751...780.775) › Section 780.771 - Rights of Victim; Notice of Pending Review and Victim's Rights; Representation of Counsel; Notice of Board or Panel Decision; Exemption From Disclosure.

780.771 Rights of victim; notice of pending review and victim's rights; representation of counsel; notice of board or panel decision; exemption from disclosure.
Sec. 21.
(1) A victim has the right to do both of the following:
(a) To address or submit a written statement for consideration by a parole board member or a member of any other panel having authority over the prisoner's release on parole during the time the prisoner's release on parole or commutation of sentencing is being considered.
(b) To address the parole board and to present exhibits or other photographic or documentary information to the parole board including at a commutation hearing.
(2) Not less than 30 days before a review of the prisoner's release, a victim who has requested notice under section 19(1)(f) shall be given written notice by the department of corrections informing the victim of the pending review and of victims' rights under this section. The victim, at his or her own expense, may be represented by counsel at the review.
(3) A victim shall receive notice of the decision of the board or panel and, if applicable, notice of the date of the prisoner's release on parole. Notice shall be mailed within a reasonable time after the board or panel reaches its decision but not later than 14 days after the board or panel has reached its decision. The notice shall include a statement of the victim's right to appeal a parole decision, as allowed under section 34 of the corrections code of 1953, 1953 PA 232, MCL 791.234.
(4) A record of an oral statement or a written statement made under subsection (1) is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, and shall not be released.
History:
1985, Act 87, Eff. Oct. 9, 1985 ;-- Am. 2000, Act 503, Eff. June 1, 2001 ;-- Am. 2005, Act 184, Eff. Jan. 1, 2006 ;-- Am. 2012, Act 564, Eff. Mar. 28, 2013
Compiler's Notes:
For transfer of powers and duties of Michigan parole and commutation board to Michigan parole board within department of corrections, and abolishment of Michigan parole and commutation board, see E.R.O. No. 2011-3, compiled at MCL 791.305.
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 87 of 1985 - William Van Regenmorter Crime Victim's Rights Act (780.751 - 780.834) › Article 1 - (780.751...780.775) › Section 780.772 - Notice of Final Disposition of Case.

780.772 Notice of final disposition of case.
Sec. 22.
Upon the request of a victim, the prosecuting attorney shall, within 30 days of the final disposition of the case, notify the victim in writing of the final disposition of the case.
History:
1985, Act 87, Eff. Oct. 9, 1985
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 87 of 1985 - William Van Regenmorter Crime Victim's Rights Act (780.751 - 780.834) › Article 1 - (780.751...780.775) › Section 780.772a - Notice to Victim of Defendant's Application to Have Conviction for Assaultive Crime Set Aside; “Assaultive Crime” Defined.

780.772a Notice to victim of defendant's application to have conviction for assaultive crime set aside; “assaultive crime” defined.
Sec. 22a.
If a defendant applies to have a conviction for an assaultive crime set aside under Act No. 213 of the Public Acts of 1965, being sections 780.621 to 780.624 of the Michigan Compiled Laws, and if the name of the victim is known by the prosecuting attorney, the prosecuting attorney shall give to the victim of the assaultive crime written notice of the application and forward a copy of the application to the victim. The notice shall be by first-class mail to the victim's last known address. The victim has the right to appear at any proceeding under Act No. 213 of the Public Acts of 1965 concerning that conviction and make a written or oral statement. As used in this section, "assaultive crime" means that term as defined in section 9a of chapter X of the code of criminal procedure, Act No. 175 of the Public Acts of 1927, being section 770.9a of the Michigan Compiled Laws.
History:
Add. 1993, Act 341, Eff. May 1, 1994
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 87 of 1985 - William Van Regenmorter Crime Victim's Rights Act (780.751 - 780.834) › Article 1 - (780.751...780.775) › Section 780.773 - Cause of Action Not Created.

780.773 Cause of action not created.
Sec. 23.
Nothing in this article shall be construed as creating a cause of action for money damages against the state, a county, a municipality or any of their agencies, or instrumentalities, or employees.
History:
1985, Act 87, Eff. Oct. 9, 1985 ;-- Am. 1988, Act 21, Eff. June 1, 1988
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 87 of 1985 - William Van Regenmorter Crime Victim's Rights Act (780.751 - 780.834) › Article 1 - (780.751...780.775) › Section 780.774 - Failure to Provide Right, Privilege, or Notice to Victim.

780.774 Failure to provide right, privilege, or notice to victim.
Sec. 24.
The failure to provide a right, privilege, or notice to a victim under this article shall not be grounds for the defendant to seek to have the conviction or sentence set aside.
History:
1985, Act 87, Eff. Oct. 9, 1985 ;-- Am. 1988, Act 21, Eff. June 1, 1988
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 87 of 1985 - William Van Regenmorter Crime Victim's Rights Act (780.751 - 780.834) › Article 1 - (780.751...780.775) › Section 780.775 - Effective Date of Article; Applicability.

780.775 Effective date of article; applicability.
Sec. 25.
(1) This article shall take effect October 9, 1985.
(2) This article shall apply only to crimes committed on or after October 9, 1985.
History:
1985, Act 87, Eff. Oct. 9, 1985 ;-- Am. 1988, Act 21, Eff. June 1, 1988
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 87 of 1985 - William Van Regenmorter Crime Victim's Rights Act (780.751 - 780.834) › Article 2 - (780.781...780.802) › Section 780.781a - Duty to Provide Notice to Victim; Furnishing Information or Records; Exception for Address Confidentiality Program.

780.781a Duty to provide notice to victim; furnishing information or records; exception for address confidentiality program.
Sec. 31a.
(1) The duty under this article and under section 24 of article I of the state constitution of 1963 of a court, the department of corrections, the department of health and human services, a county sheriff, or a prosecuting attorney to provide a notice to a victim also applies if the case against the defendant is resolved by assignment of the defendant to trainee status, by a delayed sentence or deferred judgment of guilt, or in another way that is not an acquittal or unconditional dismissal. In performing a duty under this article or under section 24 of article I of the state constitution of 1963, the court, department of corrections, department of health and human services, county sheriff, or prosecuting attorney may furnish information or records to the victim that would otherwise be closed to public inspection, including information or records described in section 14 of chapter II of the code of criminal procedure, 1927 PA 175, MCL 762.14.
(2) In performing a duty to provide notice by mail under this article or under section 24 of article I of the state constitution of 1963, the court, department of corrections, department of health and human services, county sheriff, or prosecuting attorney shall mail the notice to the address provided by the victim, except as otherwise provided under section 11 of the address confidentiality program act. If the victim is a program participant as that term is defined in section 3 of the address confidentiality program act, the victim may provide the address designated by the department of the attorney general.
History:
Add. 2006, Act 461, Eff. Jan. 1, 2007 ;-- Am. 2020, Act 278, Imd. Eff. Dec. 29, 2020
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 87 of 1985 - William Van Regenmorter Crime Victim's Rights Act (780.751 - 780.834) › Article 2 - (780.781...780.802) › Section 780.782 - Information to Be Given Victim.

780.782 Information to be given victim.
Sec. 32.
Within 24 hours after the initial contact between the victim of a reported offense and the law enforcement agency having the responsibility for investigating that offense, that agency shall give to the victim the following information in writing:
(a) The availability of emergency and medical services, if applicable.
(b) The availability of victim's compensation benefits and the address of the crime victims compensation board.
(c) The address and telephone number of the prosecuting attorney whom the victim should contact to obtain information about victim's rights.
(d) The following statements:
"If you would like to be notified of an arrest in your case or the release of the person arrested, or both, you should call [identify law enforcement agency and telephone number] and inform them."
"If you are not notified of an arrest in your case, you may call this law enforcement agency at [the law enforcement agency's telephone number] for the status of the case.".
History:
Add. 1988, Act 22, Eff. June 1, 1988 ;-- Am. 1993, Act 341, Eff. May 1, 1994 ;-- Am. 2000, Act 503, Eff. June 1, 2001
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 87 of 1985 - William Van Regenmorter Crime Victim's Rights Act (780.751 - 780.834) › Article 2 - (780.781...780.802) › Section 780.783 - Return of Property to Victim.

780.783 Return of property to victim.
Sec. 33.
(1) The law enforcement agency having responsibility for investigating a reported offense shall promptly return to the victim property belonging to that victim that is taken in the course of the investigation, except as provided in subsections (2) to (4).
(2) The agency shall not return property that is contraband.
(3) The agency shall not return property if the ownership of the property is disputed until the dispute is resolved.
(4) The agency shall retain as evidence any weapon used in the commission of the offense and any other evidence if the prosecuting attorney certifies that there is a need to retain that evidence in lieu of a photograph or other means of memorializing its possession by the agency.
History:
Add. 1988, Act 22, Eff. June 1, 1988
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 87 of 1985 - William Van Regenmorter Crime Victim's Rights Act (780.751 - 780.834) › Article 2 - (780.781...780.802) › Section 780.783a - Statement on Complaint or Petition.

780.783a Statement on complaint or petition.
Sec. 33a.
The investigating agency or prosecuting attorney that files a complaint or submits a petition seeking to invoke the court's jurisdiction for a juvenile offense described in section 31(1)(d)(iii), (iv), or (v), or a local ordinance substantially corresponding to a juvenile offense described in section 31(1)(d)(iii), (iv), or (v), shall place a statement on the complaint or petition that the offense resulted in damage to another individual's property or physical injury or death to another individual.
History:
Add. 1993, Act 341, Eff. May 1, 1994
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 87 of 1985 - William Van Regenmorter Crime Victim's Rights Act (780.751 - 780.834) › Article 2 - (780.781...780.802) › Section 780.783b - Victim of Identity Theft; Filing Police Report; Jurisdiction; "Identity Theft" Defined.

780.783b Victim of identity theft; filing police report; jurisdiction; "identity theft" defined.
Sec. 33b.
(1) To facilitate compliance with 15 USC 1681g, a bona fide victim of identity theft is entitled to file a police report with a law enforcement agency in a jurisdiction where the alleged violation of identity theft may be prosecuted as provided under section 10c of chapter II of the code of criminal procedure, 1927 PA 175, MCL 762.10c, and to obtain a copy of that report from that law enforcement agency.
(2) As used in this section, "identity theft" means that term as defined in section 3 of the identity theft protection act.
History:
Add. 2004, Act 456, Eff. Mar. 1, 2005
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 87 of 1985 - William Van Regenmorter Crime Victim's Rights Act (780.751 - 780.834) › Article 2 - (780.781...780.802) › Section 780.784 - Separate Statement.

780.784 Separate statement.
Sec. 34.
The investigating agency that files a complaint or submits a petition seeking to invoke the court's jurisdiction for a juvenile offense shall file with the complaint or petition a separate statement listing any known victims of the juvenile offense and their addresses and phone numbers. This separate statement shall not be a matter of public record.
History:
Add. 1988, Act 22, Eff. June 1, 1988
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 87 of 1985 - William Van Regenmorter Crime Victim's Rights Act (780.751 - 780.834) › Article 2 - (780.781...780.802) › Section 780.785 - Victim to Be Given Telephone Number of Juvenile Facility and Notice of Release; Motion to Detain Juvenile in Facility.

780.785 Victim to be given telephone number of juvenile facility and notice of release; motion to detain juvenile in facility.
Sec. 35.
(1) If the juvenile has been placed in a juvenile facility, not later than 48 hours after the preliminary hearing of that juvenile for a juvenile offense, the prosecuting attorney or, pursuant to an agreement under section 48a, the court shall give to the victim the telephone number of the juvenile facility and notice that the victim may contact the juvenile facility to determine whether the juvenile has been released from custody. The law enforcement agency having responsibility for investigating the crime shall promptly notify the victim of the arrest or pretrial release of the juvenile, or both, if the victim requests or has requested that information. If the juvenile is released from custody by the sheriff or juvenile facility, the sheriff or juvenile facility shall notify the law enforcement agency having responsibility for investigating the crime.
(2) Based upon any credible evidence of acts or threats of physical violence or intimidation by the juvenile or at the juvenile's direction against the victim or the victim's immediate family, the prosecuting attorney may move that the juvenile be detained in a juvenile facility.
History:
Add. 1988, Act 22, Eff. June 1, 1988 ;-- Am. 1993, Act 341, Eff. May 1, 1994 ;-- Am. 2000, Act 503, Eff. June 1, 2001
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 87 of 1985 - William Van Regenmorter Crime Victim's Rights Act (780.751 - 780.834) › Article 2 - (780.781...780.802) › Section 780.786a - Speedy Trial.

780.786a Speedy trial.
Sec. 36a.
(1) As provided in subsection (2), a speedy trial may be scheduled for any case in which the victim is declared by the prosecuting attorney to be any of the following:
(a) A victim of child abuse, including sexual abuse or any other assaultive crime.
(b) A victim of criminal sexual conduct in the first, second, or third degree or of an assault with intent to commit criminal sexual conduct involving penetration or to commit criminal sexual conduct in the second degree.
(c) Sixty-five years of age or older.
(d) An individual with a disability that inhibits the individual's ability to attend court or participate in the proceedings.
(2) The court, upon motion of the prosecuting attorney for a speedy trial for a case described in subsection (1), shall set a hearing date within 14 days after the motion is filed. Notice shall be made pursuant to the Michigan court rules. If the motion is granted, the trial shall not be scheduled earlier than 21 days from the date of the hearing.
History:
Add. 1993, Act 341, Eff. May 1, 1994
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 87 of 1985 - William Van Regenmorter Crime Victim's Rights Act (780.751 - 780.834) › Article 2 - (780.781...780.802) › Section 780.786b - Removal of Case From Adjudicative Process; Notice Required; Hearing; Consultation of Victim With Prosecuting Attorney.

780.786b Removal of case from adjudicative process; notice required; hearing; consultation of victim with prosecuting attorney.
Sec. 36b.
(1) Except for a dismissal based upon a judicial finding on the record that the petition and the facts supporting it are insufficient to support a claim of jurisdiction under section 2(a)(1) of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2, a case involving the alleged commission of an offense, as defined in section 31, by a juvenile shall not be diverted, placed on the consent calendar, or made subject to any other prepetition or preadjudication procedure that removes the case from the adjudicative process unless the court gives written notice to the prosecuting attorney of the court's intent to remove the case from the adjudicative process and allows the prosecuting attorney the opportunity to address the court on that issue before the case is removed from the adjudicative process. Before any formal or informal action is taken, the prosecutor shall give the victim notice of the time and place of the hearing on the proposed removal of the case from the adjudicative process. The victim has the right to attend the hearing and to address the court at the hearing. As part of any other order removing any case from the adjudicative process, the court shall order the juvenile or the juvenile's parents to provide full restitution as provided in section 44.
(2) Before finalizing any informal disposition, preadjudication, or expedited procedure, the prosecuting attorney shall offer the victim the opportunity to consult with the prosecuting attorney to obtain the views of the victim about that manner of disposing of the case.
History:
Add. 2000, Act 503, Eff. June 1, 2001
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 87 of 1985 - William Van Regenmorter Crime Victim's Rights Act (780.751 - 780.834) › Article 2 - (780.781...780.802) › Section 780.787 - Separate Waiting Area; Other Safeguards.

780.787 Separate waiting area; other safeguards.
Sec. 37.
The court shall provide a waiting area for the victim separate from the juvenile, the juvenile's relatives, and the juvenile's witnesses if such an area is available and the use of the area is practical. If a separate waiting area is not available or practical, the court shall provide other safeguards to minimize the victim's contact with the juvenile, the juvenile's relatives, and the juvenile's witnesses during court proceedings.
History:
Add. 1988, Act 22, Eff. June 1, 1988
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 87 of 1985 - William Van Regenmorter Crime Victim's Rights Act (780.751 - 780.834) › Article 2 - (780.781...780.802) › Section 780.788 - Testimony Not to Be Compelled; Hearing; Exemption From Disclosure; Exception.

780.788 Testimony not to be compelled; hearing; exemption from disclosure; exception.
Sec. 38.
(1) Based upon the victim's reasonable apprehension of acts or threats of physical violence or intimidation by the juvenile or at the juvenile's direction against the victim or the victim's immediate family, the prosecuting attorney may move or, in the absence of a prosecuting attorney, the victim may request that the victim or any other witness not be compelled to testify at any court hearing for purposes of identifying the victim as to the victim's address, place of employment, or other personal identification without the victim's consent. A hearing on the motion must be in camera.
(2) Under section 24 of article I of the state constitution of 1963, guaranteeing to crime victims the right to be treated with respect for their dignity and privacy, the following information and visual representations of a victim are subject to the following:
(a) The home address, home telephone number, work address, and work telephone number of the victim are exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(b) A picture, photograph, drawing, or other visual representation, including any film, videotape, or digitally stored image of the victim, are exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, and, if the picture, photograph, drawing, or other visual representation is from a court proceeding that is made available to the public through streaming on the internet or other means, the picture, photograph, drawing, or visual representation may be blurred.
(c) The following information concerning a victim of child abuse, criminal sexual conduct, assault with intent to commit criminal sexual conduct, or a similar crime who was less than 18 years of age when the crime was committed is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246:
(i) The victim's name and address.
(ii) The name and address of an immediate family member or relative of the victim, who has the same surname as the victim, other than the name and address of the accused.
(iii) Any other information that would tend to reveal the identity of the victim, including a reference to the victim's familial or other relationship to the accused.
(3) Subsection (2) does not preclude the release of information to a victim advocacy organization or agency for the purpose of providing victim services.
History:
Add. 1988, Act 22, Eff. June 1, 1988 ;-- Am. 2000, Act 503, Eff. June 1, 2001 ;-- Am. 2012, Act 457, Imd. Eff. Dec. 27, 2012 ;-- Am. 2023, Act 179, Eff. Feb. 13, 2024
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 87 of 1985 - William Van Regenmorter Crime Victim's Rights Act (780.751 - 780.834) › Article 2 - (780.781...780.802) › Section 780.789 - Presence of Victim at Hearing; Sequestering of Victim.

780.789 Presence of victim at hearing; sequestering of victim.
Sec. 39.
The victim has the right to be present throughout the entire contested adjudicative hearing or waiver hearing of the juvenile, unless the victim is going to be called as a witness. If the victim is going to be called as a witness, the court, for good cause shown, may order the victim to be sequestered until the victim first testifies. The victim shall not be sequestered after he or she first testifies.
History:
Add. 1988, Act 22, Eff. June 1, 1988 ;-- Am. 2000, Act 503, Eff. June 1, 2001
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 87 of 1985 - William Van Regenmorter Crime Victim's Rights Act (780.751 - 780.834) › Article 2 - (780.781...780.802) › Section 780.790 - Discharge or Discipline of Victim or Victim Representative by Employer or Employer's Agent; Misdemeanor; Contempt; “Victim Representative” Defined.

780.790 Discharge or discipline of victim or victim representative by employer or employer's agent; misdemeanor; contempt; “victim representative” defined.
Sec. 40.
(1) An employer or the employer's agent, who threatens to discharge or discipline or who discharges, disciplines, or causes to be discharged from employment or to be disciplined a victim because that victim is subpoenaed or requested by the prosecuting attorney to attend court for the purpose of giving testimony, is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both, and may be punished for contempt of court.
(2) An employer or an employer's agent who disciplines or discharges a victim representative from employment, causes a victim representative to be disciplined or discharged from employment or threatens to discipline or discharge a victim representative from employment because that victim representative attends or desires to attend court to be present during the testimony of the victim, is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both, and may be punished for contempt of court.
(3) As used in this section, "victim representative" means any of the following:
(a) A guardian or custodian of a child of a deceased victim if the child is less than 18 years of age.
(b) A parent, guardian, or custodian of a victim of an offense that if committed by an adult would be an assaultive crime if the victim of the offense is less than 18 years of age.
(c) A person who has been designated under section 31(2) to act in place of a victim of an offense that if committed by an adult would be an assaultive crime during the duration of the victim's physical or emotional disability.
History:
Add. 1988, Act 22, Eff. June 1, 1988 ;-- Am. 1993, Act 341, Eff. May 1, 1994
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 87 of 1985 - William Van Regenmorter Crime Victim's Rights Act (780.751 - 780.834) › Article 2 - (780.781...780.802) › Section 780.791 - Additional Notices to Victim.

780.791 Additional notices to victim.
Sec. 41.
(1) The prosecuting attorney, or, pursuant to an agreement under section 48a, the court, upon and in accordance with the request of the victim, shall give the victim notice of all of the following:
(a) The offenses for which the juvenile was adjudicated or convicted.
(b) The victim's right to make an impact statement at the disposition hearing or sentencing.
(c) The time and place of the disposition or sentencing proceeding.
(2) If a report is to be prepared for the juvenile's disposition or for a sentencing in a proceeding that is a designated case, the person preparing the report shall give notice to the victim of all of the following:
(a) The victim's right to make an impact statement for use in preparing the report.
(b) The address and telephone number of the person who is to prepare the report.
(c) The fact that the report and any statement of the victim included in the report will be made available to the juvenile unless exempted from disclosure by the court.
(3) A notice under subsection (1) or (2) shall inform the victim that his or her impact statement may be oral or written and may include, but shall not be limited to, any of the following:
(a) An explanation of the nature and extent of any physical, psychological, or emotional harm or trauma suffered by the victim.
(b) An explanation of the extent of any economic loss or property damage suffered by the victim.
(c) An opinion of the need for and extent of restitution and whether the victim has applied for or received compensation for loss or damage.
(d) The victim's recommendation for an appropriate disposition or sentence.
History:
Add. 1988, Act 22, Eff. June 1, 1988 ;-- Am. 1993, Act 341, Eff. May 1, 1994 ;-- Am. 2000, Act 503, Eff. June 1, 2001
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 87 of 1985 - William Van Regenmorter Crime Victim's Rights Act (780.751 - 780.834) › Article 2 - (780.781...780.802) › Section 780.791a - Providing Victim With Form to Receive Certain Notices.

780.791a Providing victim with form to receive certain notices.
Sec. 41a.
If a juvenile is ordered to be placed in a juvenile facility or sentenced to probation or to a term of imprisonment, the prosecuting attorney, or the court pursuant to an agreement under section 48a, shall provide the victim with a form the victim may submit to receive the notices from the court, prosecuting attorney, department of health and human services, or county juvenile agency, as applicable, provided for under section 45a or 48. The form must include the address of the court, prosecuting attorney, department of health and human services, county juvenile agency, department of corrections, or the sheriff, as applicable, to which the form may be sent and a statement that the victim may use the address designated by the department of the attorney general to receive notices if the victim is a program participant as that term is defined in section 3 of the address confidentiality program act.
History:
Add. 1993, Act 341, Eff. May 1, 1994 ;-- Am. 1998, Act 523, Imd. Eff. Jan. 12, 1999 ;-- Am. 2000, Act 503, Eff. June 1, 2001 ;-- Am. 2006, Act 461, Eff. Jan. 1, 2007 ;-- Am. 2020, Act 278, Imd. Eff. Dec. 29, 2020
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 87 of 1985 - William Van Regenmorter Crime Victim's Rights Act (780.751 - 780.834) › Article 2 - (780.781...780.802) › Section 780.792 - Report; Impact Statement.

780.792 Report; impact statement.
Sec. 42.
(1) If a report is to be prepared for the juvenile's disposition or for a sentencing in a proceeding that is a designated case, the victim has the right to submit a written or oral impact statement to the person preparing the report for that person's use in preparing the report.
(2) If no presentence report is prepared, the court shall notify the prosecuting attorney of the date and time of sentencing at least 10 days prior to the disposition or sentencing.
(3) Upon the victim's request, a victim's written statement under this section shall be included in the report.
History:
Add. 1988, Act 22, Eff. June 1, 1988 ;-- Am. 2000, Act 503, Eff. June 1, 2001
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 87 of 1985 - William Van Regenmorter Crime Victim's Rights Act (780.751 - 780.834) › Article 2 - (780.781...780.802) › Section 780.793 - Appearance and Statement of Victim; Notice of Disposition; Physical Presence of Juvenile; Remote Option; 2018 Pa 153 May Be Cited as "Rebekah Bletsch Law".

780.793 Appearance and statement of victim; notice of disposition; physical presence of juvenile; remote option; 2018 PA 153 may be cited as "Rebekah Bletsch law".
Sec. 43.
(1) The victim has the right to appear and make an oral impact statement at the juvenile's disposition or sentencing. If the victim is physically or emotionally unable to make the oral impact statement, the victim may designate any other person 18 years of age or older who is neither the defendant nor incarcerated to make the statement on the victim's behalf. The other person need not be an attorney. The victim may elect to remotely provide the oral impact statement under this section.
(2) On request, the prosecuting attorney, or, in accordance with an agreement under section 48a, the court, shall notify the victim of the disposition of the juvenile's offense not more than 30 days after the disposition is made.
(3) Unless the court has determined, in its discretion, that the juvenile is behaving in a disruptive manner or presents a threat to the safety of any individuals present in the courtroom, the juvenile must be physically present in the courtroom at the time a victim makes an oral impact statement under subsection (1). In making its determination under this subsection, the court may consider any relevant statement provided by the victim regarding the juvenile being physically present during that victim's oral impact statement. This subsection applies to cases in which the sentencing of the juvenile occurs after May 22, 2018.
(4) 2018 PA 153, which amended this section and sections 15 and 75, may be cited as the "Rebekah Bletsch law".
History:
Add. 1988, Act 22, Eff. June 1, 1988 ;-- Am. 1993, Act 341, Eff. May 1, 1994 ;-- Am. 2000, Act 503, Eff. June 1, 2001 ;-- Am. 2018, Act 153, Imd. Eff. May 23, 2018 ;-- Am. 2023, Act 178, Eff. Feb. 13, 2024
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 87 of 1985 - William Van Regenmorter Crime Victim's Rights Act (780.751 - 780.834) › Article 2 - (780.781...780.802) › Section 780.795 - Factors in Determining Order of Restitution by Juvenile.

780.795 Factors in determining order of restitution by juvenile.
Sec. 45.
(1) In determining the amount of restitution to order under section 44, the court shall consider the amount of the loss sustained by any victim as a result of the offense. In determining whether to order the juvenile's supervisory parent to pay restitution under section 44(15), the court shall consider the financial resources of the juvenile's supervisory parent and the other factors specified in section 44(16).
(2) The court may order the person preparing a report for the purpose of disposition to obtain information pertaining to the factors set forth in subsection (1). That person shall include the information collected in the disposition report or in a separate report, as the court directs.
(3) The court shall disclose to the juvenile, the juvenile's supervisory parent, and the prosecuting attorney all portions of the disposition or other report pertaining to the matters described in subsection (1).
(4) Any dispute as to the proper amount or type of restitution shall be resolved by the court by a preponderance of the evidence. The burden of demonstrating the amount of the loss sustained by a victim as a result of the offense shall be on the prosecuting attorney. The burden of demonstrating the financial resources of the juvenile's supervisory parent and the other factors specified in section 44(16) shall be on the supervisory parent.
History:
Add. 1988, Act 22, Eff. June 1, 1988 ;-- Am. 1993, Act 341, Eff. May 1, 1994 ;-- Am. 1996, Act 562, Eff. June 1, 1997
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 87 of 1985 - William Van Regenmorter Crime Victim's Rights Act (780.751 - 780.834) › Article 2 - (780.781...780.802) › Section 780.795a - Early Termination of Probation of Juvenile; Notice to Victim.

780.795a Early termination of probation of juvenile; notice to victim.
Sec. 45a.
If a juvenile is sentenced to probation with a condition for the protection of the victim and if requested by the victim, the court shall notify the victim by mail if the court orders that the probation be terminated earlier than previously ordered.
History:
Add. 2006, Act 461, Eff. Jan. 1, 2007
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 87 of 1985 - William Van Regenmorter Crime Victim's Rights Act (780.751 - 780.834) › Article 2 - (780.781...780.802) › Section 780.796 - Additional Notice to Victim; Rights of Victim in Further Proceedings or New Trial.

780.796 Additional notice to victim; rights of victim in further proceedings or new trial.
Sec. 46.
(1) Upon the request of the victim, the prosecuting attorney shall notify the victim of the following:
(a) That the juvenile filed an appeal of his or her adjudication, conviction, disposition, or sentence or the prosecuting attorney filed an appeal.
(b) Whether the juvenile has been ordered released on bail or other recognizance pending the disposition of the appeal. If the prosecuting attorney is notified that the juvenile has been ordered released on bail or other recognizance pending disposition of the appeal, the prosecuting attorney shall use any means reasonably calculated to give the victim notice of that order within 24 hours after the prosecuting attorney is notified of the order.
(c) The time and place of any appellate court oral arguments and any changes in the time or place of those arguments.
(d) The result of the appeal. If the disposition or conviction is ordered reversed, the sentence is vacated, the case is remanded for a new trial, or the prosecuting attorney's appeal is denied, and if the prosecuting attorney has filed the appropriate notice with the appellate court, the appellate court shall expedite delivery of the relevant document to the prosecuting attorney's office by any means reasonably calculated to give the prosecuting attorney prompt notice. The prosecuting attorney shall use any means reasonably calculated to give the victim notice of that order within 24 hours after the prosecuting attorney is notified of the order.
(2) If the prosecuting attorney is not successful in notifying the victim of an event described in subsection (1) within the period set forth in that subsection, the prosecuting attorney shall notify the victim of that event as soon as possible by any means reasonably calculated to give the victim prompt actual notice.
(3) The prosecuting attorney shall provide the victim with a brief explanation in plain English of the appeal process, including the possible dispositions.
(4) If the case is returned to the court for further proceedings or a new trial, the victim has the same rights as previously requested during the proceedings that led to the appeal.
History:
Add. 1988, Act 22, Eff. June 1, 1988 ;-- Am. 1993, Act 341, Eff. May 1, 1994 ;-- Am. 2000, Act 503, Eff. June 1, 2001 ;-- Am. 2005, Act 184, Eff. Jan. 1, 2006
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 87 of 1985 - William Van Regenmorter Crime Victim's Rights Act (780.751 - 780.834) › Article 2 - (780.781...780.802) › Section 780.796a - Notice to Victim of Juvenile's Application to Have Conviction or Adjudication for Certain Offenses Set Aside; “Assaultive Crime” and “Serious Misdemeanor” Defined.

780.796a Notice to victim of juvenile's application to have conviction or adjudication for certain offenses set aside; “assaultive crime” and “serious misdemeanor” defined.
Sec. 46a.
(1) If a juvenile applies to have a conviction for an assaultive crime or serious misdemeanor or an adjudication for an offense that if committed by an adult would be an assaultive crime or a serious misdemeanor set aside under section 18e of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.18e, and the prosecuting attorney knows the victim's name, the prosecuting attorney shall give the victim of the offense written notice of the application and forward a copy of the application to the victim. The notice shall be by first-class mail to the victim's last known address. The victim has the right to appear at any proceeding under section 18e of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.18e, concerning that adjudication and make a written or oral statement.
(2) As used in this section:
(a) "Assaultive crime" means that term as defined in section 9a of chapter X of the code of criminal procedure, 1927 PA 175, MCL 770.9a.
(b) "Serious misdemeanor" means that term as defined in section 61.
History:
Add. 1993, Act 341, Eff. May 1, 1994 ;-- Am. 2000, Act 503, Eff. June 1, 2001
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 87 of 1985 - William Van Regenmorter Crime Victim's Rights Act (780.751 - 780.834) › Article 2 - (780.781...780.802) › Section 780.796b - Deductions and Payments.

780.796b Deductions and payments.
Sec. 46b.
(1) If a juvenile who has been sentenced to the department of corrections is ordered to pay restitution under section 44, and if the juvenile receives more than $50.00 in a month, the department of corrections shall deduct 50% of the amount over $50.00 received by the juvenile for payment of the restitution. The department of corrections shall promptly send the deducted money to the court or to the crime victim as provided in the order of restitution when it accumulates to an amount that exceeds $100.00, or when the juvenile is paroled, transferred to community programs, or discharged on the maximum sentence.
(2) If a juvenile who has been sentenced to jail is ordered to pay restitution under section 44, and if the juvenile receives more than $50.00 in a month, the sheriff may deduct 50% of the amount over $50.00 received by the juvenile for payment of the restitution, and 5% of the amount over $50.00 received by the juvenile to be retained by the sheriff as an administrative fee. The sheriff shall promptly send the money deducted for restitution to the court or to the crime victim as provided in the order of restitution when it accumulates to an amount that exceeds $100.00, or when the juvenile is released to probation or discharged on the maximum sentence.
(3) If a juvenile who has been placed in a juvenile facility is ordered to pay restitution under section 44, and if the juvenile receives more than $50.00 in a month, the department of human services or the county juvenile agency, as applicable, may deduct 50% of the amount over $50.00 received by the juvenile for payment of the restitution. The department of human services or the county juvenile agency, as applicable, shall promptly send the deducted money to the court or to the crime victim as provided in the order of restitution when it accumulates to an amount that exceeds $100.00, or when the juvenile is released from the juvenile facility.
(4) The department of corrections, sheriff, department of human services, or county juvenile agency, as applicable, shall notify the juvenile and the court in writing of all deductions and payments made under this section. The requirements of this section remain in effect until all of the restitution has been paid. The department of corrections, sheriff, department of human services, or county juvenile agency shall not enter into any agreement with a juvenile that modifies the requirements of this section. An agreement in violation of this subsection is void.
History:
Add. 2005, Act 184, Eff. Jan. 1, 2006 ;-- Am. 2006, Act 461, Eff. Jan. 1, 2007