reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-VIII - Chapter VIII Trials (768.1...768.37) › Section 768.35 - Plea of Guilty; Investigation by Judge; Sentence; Refusal to Accept.

768.35 Plea of guilty; investigation by judge; sentence; refusal to accept.
Sec. 35.
Whenever any person shall plead guilty to an information filed against him in any court, it shall be the duty of the judge of such court, before pronouncing judgment or sentence upon such plea, to become satisfied after such investigation as he may deem necessary for that purpose respecting the nature of the case, and the circumstances of such plea, that said plea was made freely, with full knowledge of the nature of the accusation, and without undue influence. And whenever said judge shall have reason to doubt the truth of such plea of guilty, it shall be his duty to vacate the same, direct a plea of not guilty to be entered and order a trial of the issue thus formed.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17328 ;-- CL 1948, 768.35
Former Law:
See Act 99 of 1875, being How., § 9558; CL 1897, § 11957; and CL 1915, § 15830.
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-VIII - Chapter VIII Trials (768.1...768.37) › Section 768.37 - Under Influence of or Impairment by Alcoholic Liquor or Drug as Defense Prohibited; Exception; Definitions.

768.37 Under influence of or impairment by alcoholic liquor or drug as defense prohibited; exception; definitions.
Sec. 37.
(1) Except as provided in subsection (2), it is not a defense to any crime that the defendant was, at that time, under the influence of or impaired by a voluntarily and knowingly consumed alcoholic liquor, drug, including a controlled substance, other substance or compound, or combination of alcoholic liquor, drug, or other substance or compound.
(2) It is an affirmative defense to a specific intent crime, for which the defendant has the burden of proof by a preponderance of the evidence, that he or she voluntarily consumed a legally obtained and properly used medication or other substance and did not know and reasonably should not have known that he or she would become intoxicated or impaired.
(3) As used in this section:
(a) "Alcoholic liquor" means that term as defined in section 105 of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1105.
(b) "Consumed" means to have eaten, drunk, ingested, inhaled, injected, or topically applied, or to have performed any combination of those actions, or otherwise introduced into the body.
(c) "Controlled substance" means that term as defined in section 7104 of the public health code, 1978 PA 368, MCL 333.7104.
History:
Add. 2002, Act 366, Eff. Sept. 1, 2002
Compiler's Notes:
Enacting section 1 of Act 366 of 2002 provides:“Enacting section 1. This amendatory act takes effect September 1, 2002, and applies to crimes committed on or after that date.”
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-IX - Chapter IX Judgment and Sentence (769.1...769.36) › Section 769.1c - Psychiatrist; Definition; Aid From State Hospitals.

769.1c Psychiatrist; definition; aid from state hospitals.
Sec. 1c.
A psychiatrist under the meaning of the foregoing sections and sections 22-a and 22-b of chapter 14 of this act is a physician, duly licensed to practice in the state of Michigan, who has had at least 5 years experience in actual practice, including either (a) 3 years' full time practice since January 1, 1933, in the care and treatment of persons suffering from nervous or mental disease or mental defect, in an institution provided for the care of such persons, or (b) has devoted 5 years prior to the case in which his services are requested, to a practice confined wholly or substantially to the diagnosis, care or treatment of persons suffering from nervous and mental disease or mental defect. If no qualified psychiatrist is immediately available for the purposes of aiding the court in any investigation under the foregoing sections or sections 22-a and 22-b of chapter 14 of this act, the nearest state hospital shall be required to furnish, upon request of the court, without charge, a competent psychiatrist within the meaning of this act.
History:
Add. 1937, Act 196, Imd. Eff. July 14, 1937 ;-- CL 1948, 769.1c
Compiler's Notes:
For provisions of sections 22a and 22b of chapter 14, referred to in this section, see MCL 774.22a and 774.22b.
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-IX - Chapter IX Judgment and Sentence (769.1...769.36) › Section 769.1d - Expense of Confinement in State Institutions.

769.1d Expense of confinement in state institutions.
Sec. 1d.
The expenses of confinement of any person confined to a state hospital or other state institution as provided for in the foregoing sections and sections 22-a and 22-b of chapter 14 of this act, shall be defrayed by the state and may be recovered from such person or his estate.
History:
Add. 1937, Act 196, Imd. Eff. July 14, 1937 ;-- CL 1948, 769.1d
Compiler's Notes:
For provisions of sections 22a and 22b of chapter 14, referred to in this section, see MCL 774.22a and 774.22b.
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-IX - Chapter IX Judgment and Sentence (769.1...769.36) › Section 769.1e - Violations of Criminal Law; Licensing Sanctions; Report of Finding to Secretary of State; "License" Defined.

769.1e Violations of criminal law; licensing sanctions; report of finding to secretary of state; "license" defined.
Sec. 1e.
(1) If a law of this state requires the court to deny the issuance of a license to a person, or revoke, suspend, or restrict the license of a person, for a violation of a criminal law of this state or a local ordinance that substantially corresponds to a criminal law of this state, the court shall impose the licensing sanctions as provided by law for the violation.
(2) A court shall report a finding made by a jury or the court to the secretary of state as required under section 625 of the Michigan vehicle code, 1949 PA 300, MCL 257.625.
(3) As used in this section, "license" means that term as defined in section 25 of the Michigan vehicle code, 1949 PA 300, MCL 257.25.
History:
Add. 1993, Act 360, Eff. Sept. 1, 1994 ;-- Am. 2000, Act 220, Eff. Oct. 1, 2000 ;-- Am. 2020, Act 381, Eff. Mar. 24, 2021
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-IX - Chapter IX Judgment and Sentence (769.1...769.36) › Section 769.1h - Consecutive or Concurrent Sentence.

769.1h Consecutive or concurrent sentence.
Sec. 1h.
(1) A judgment of sentence committing an individual to the jurisdiction of the department of corrections shall specify whether the sentence is to run consecutively to or concurrently with any other sentence the defendant is or will be serving, as provided by law.
(2) Upon sentencing a defendant, the court shall provide a copy of the judgment of sentence to the prosecuting attorney, the defendant, and the defendant's counsel.
(3) The prosecuting attorney or the defendant's counsel, or the defendant if he or she is not represented, may file an objection to the judgment of sentence on the issue of whether the sentence is to run consecutively to or concurrent with any other sentence the defendant is or will be serving. The court shall promptly hold a hearing on any objection filed. The procedure for reviewing a judgment of sentence provided in this subsection is in addition to any other review procedure authorized by statute or court rule.
History:
Add. 2000, Act 220, Eff. Oct. 1, 2000
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-IX - Chapter IX Judgment and Sentence (769.1...769.36) › Section 769.1j - Court Ordered Fine, Costs, or Assessments; Minimum Amounts; Definitions.

769.1j Court ordered fine, costs, or assessments; minimum amounts; definitions.
Sec. 1j.
(1) Beginning October 1, 2003, if the court orders a person convicted of an offense to pay any combination of a fine, costs, or applicable assessments, the court shall order that the person pay costs of not less than the following amount, as applicable:
(a) $68.00, if the defendant is convicted of a felony.
(b) $50.00, if the defendant is convicted of a misdemeanor or ordinance violation.
(2) Of the costs ordered to be paid by a person convicted of an offense, the clerk shall pay to the justice system fund created in section 181 of the revised judicature act of 1961, 1961 PA 236, MCL 600.181, the applicable amount specified as a minimum cost under subsection (1).
(3) Payment of the minimum state cost is a condition of probation under chapter XI of this act.
(4) If a defendant who is ordered to pay a minimum state cost under subsection (1) posts a cash bond or bail deposit in connection with the case, the court shall order that the minimum state cost be collected out of the bond or deposit as provided in section 15 of chapter V of this act or section 6 or 7 of 1966 PA 257, MCL 780.66 and 780.67.
(5) If a defendant who is ordered to pay a minimum state cost under this section is subject to any combination of fines, costs, restitution, assessments, or payments arising out of the same criminal prosecution, money collected from that person for the payment of fines, costs, restitution, assessments, or other payments shall be allocated as provided in section 22 of chapter XV. A fine imposed for a felony, misdemeanor, or ordinance violation shall not be waived unless costs, other than the minimum cost ordered under subsection (2), are waived.
(6) On the last day of each month, the clerk of the court shall transmit the minimum state cost or portions of minimum state cost collected under this section to the department of treasury for deposit in the justice system fund created in section 181 of the revised judicature act of 1961, 1961 PA 236, MCL 600.181.
(7) As used in this section:
(a) "Felony" means a violation of a penal law of this state for which the offender may be punished by imprisonment for more than 1 year or an offense expressly designated by law to be a felony.
(b) "Minimum state cost" means the applicable minimum cost to be ordered for a conviction under subsection (1).
History:
Add. 2003, Act 70, Eff. Oct. 1, 2003 ;-- Am. 2008, Act 547, Eff. Apr. 1, 2009 ;-- Am. 2011, Act 293, Eff. Apr. 1, 2012
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-IX - Chapter IX Judgment and Sentence (769.1...769.36) › Section 769.1l - Order of Restitution; Deduction; Payment to Court; Priority.

769.1l Order of restitution; deduction; payment to court; priority.
Sec. 1l.
If a prisoner under the jurisdiction of the department of corrections has been ordered to pay any sum of money as described in section 1k and the department of corrections receives an order from the court on a form prescribed by the state court administrative office, the department of corrections shall deduct 50% of the funds received by the prisoner in a month over $50.00 and promptly forward a payment to the court as provided in the order when the amount exceeds $100.00, or the entire amount if the prisoner is paroled, is transferred to community programs, or is discharged on the maximum sentence. The department of corrections shall give an order of restitution under section 20h of the corrections code of 1953, 1953 PA 232, MCL 791.220h, or the crime victim's rights act, 1985 PA 87, MCL 780.751 to 780.834, priority over an order received under this section.
History:
Add. 2005, Act 325, Eff. Jan. 1, 2006
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-IX - Chapter IX Judgment and Sentence (769.1...769.36) › Section 769.2 - Repealed. 2015, Act 216, Eff. Mar. 14, 2016.

769.2 Repealed. 2015, Act 216, Eff. Mar. 14, 2016.
Compiler's Notes:
The repealed section pertained to sentence incorporating solitary confinement or hard labor.
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-IX - Chapter IX Judgment and Sentence (769.1...769.36) › Section 769.2a - Persons Sentenced for Certain Crimes Not Eligible for Custodial Incarceration Outside State Correctional Facility or County Jail; “State Correctional Facility” Defined; Effect of Security Classification Waiver.

769.2a Persons sentenced for certain crimes not eligible for custodial incarceration outside state correctional facility or county jail; “state correctional facility” defined; effect of security classification waiver.
Sec. 2a.
(1) If a person is sentenced by a court to imprisonment, or is serving a sentence of imprisonment, for any of the following crimes, the person shall not be eligible for custodial incarceration outside a state correctional facility or a county jail:
(a) Sections 520b, 520c, 520d, 520e, or 520g of the Michigan penal code, Act No. 328 of the Public Acts of 1931, being sections 750.520b, 750.520c, 750.520d, 750.520e, and 750.520g of the Michigan Compiled Laws.
(b) Former section 520 of Act No. 328 of the Public Acts of 1931.
(c) Murder in connection with sexual misconduct.
(d) An attempt to commit a crime described in subdivision (a), (b), or (c).
(2) As used in this section, "state correctional facility" means a facility or institution which is maintained and operated, or contracted for, by the department of corrections, other than a community corrections center, halfway house, resident home, prison farm housing unit, camp, the Cassidy lake technical school, or the Michigan reformatory trustee division, located at Ionia.
(3) A prisoner who receives a security classification waiver shall not be housed in a prison farm housing unit, or the Michigan reformatory trustee division located at Ionia.
History:
Add. 1953, Act 130, Eff. Oct. 2, 1953 ;-- Am. 1986, Act 110, Imd. Eff. May 23, 1986
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-IX - Chapter IX Judgment and Sentence (769.1...769.36) › Section 769.3 - Conditional Sentence; Payment of Fine; Probation.

769.3 Conditional sentence; payment of fine; probation.
Sec. 3.
(1) If a person is convicted of an offense punishable by a fine or imprisonment, or both, the court may impose a conditional sentence and order the person to pay a fine, with or without the costs of prosecution, and restitution as provided under section 1a of this chapter or the crime victim's rights act, 1985 PA 87, MCL 780.751 to 780.834, within a limited time stated in the sentence and, in default of payment, sentence the person as provided by law.
(2) Except for a person who is convicted of criminal sexual conduct in the first or third degree, the court may also place the offender on probation with the condition that the offender pay a fine, costs, damages, restitution, or any combination in installments with any limited time and may, upon default in any of those payments, impose sentence as provided by law.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17331 ;-- CL 1948, 769.3 ;-- Am. 1982, Act 470, Eff. Mar. 30, 1983 ;-- Am. 1998, Act 231, Imd. Eff. July 3, 1998
Former Law:
See section 2 of Ch. 163 of R.S. 1846, being CL 1857, § 6101; CL 1871, § 7985; How., § 9601; CL 1897, § 11971; and CL 1915, § 15844.
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-IX - Chapter IX Judgment and Sentence (769.1...769.36) › Section 769.4 - Conditional Sentence; Execution.

769.4 Conditional sentence; execution.
Sec. 4.
The person against whom any such conditional sentence shall be awarded, shall be forthwith committed to the custody of an officer in court or to the county jail, to be detained until the sentence be complied with; and if he shall not pay the fine within the time limited, the sheriff shall cause the other part of the sentence to be executed forthwith.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17332 ;-- CL 1948, 769.4
Former Law:
See section 3 of Ch. 163 of R.S. 1846, being CL 1857, § 6102; CL 1871, § 7986; How., § 9602; CL 1897, § 11972; and CL 1915, § 15845.
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-IX - Chapter IX Judgment and Sentence (769.1...769.36) › Section 769.5 - Alternative or Combined Penalties; Power of Court; Rebuttable Presumption; Reasonable Grounds for Departure; Show Cause Order; Contempt Order.

769.5 Alternative or combined penalties; power of court; rebuttable presumption; reasonable grounds for departure; show cause order; contempt order.
Sec. 5.
(1) Subject to subsection (3), if a statute provides that an offense is punishable by imprisonment and a fine, the court may impose imprisonment without the fine or the fine without imprisonment.
(2) Subject to subsection (3), if a statute provides that an offense is punishable by fine or imprisonment, the court may impose both the fine and imprisonment in its discretion.
(3) There is a rebuttable presumption that the court shall sentence an individual convicted of a misdemeanor, other than a serious misdemeanor, with a fine, community service, or other nonjail or nonprobation sentence.
(4) The court may depart from the presumption under subsection (3) if the court finds reasonable grounds for the departure and states on the record the grounds for the departure.
(5) If the court finds that the sentenced person has not complied with his or her sentence, including a nonjail or nonprobation sentence, the court may issue an order for the person to show cause why he or she should not be held in contempt of court for not complying with the sentence. If the court finds the person in contempt, it may impose an additional sentence, including jail or probation if appropriate.
(6) If the finding of contempt of court under subsection (5) is for nonpayment of fines, costs, or other legal financial obligations, the court must find on the record that the person is able to comply with the payments without manifest hardship, and that the person has not made a good-faith effort to do so, before imposing an additional sentence.
(7) As used in this section, "serious misdemeanor" means that term as defined in section 61 of the William Van Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.811.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17333 ;-- CL 1948, 769.5 ;-- Am. 2015, Act 216, Eff. Mar. 14, 2016 ;-- Am. 2020, Act 395, Eff. Mar. 24, 2021
Former Law:
See Act 115 of 1839; and Sec. 4 of Ch. 163 of R.S. 1846, being CL 1857, § 6103; CL 1871, § 7987; How., § 9603; CL 1897, § 11973; CL 1915, § 15846.
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-IX - Chapter IX Judgment and Sentence (769.1...769.36) › Section 769.6 - Recognizance to Keep Peace; Court Option.

769.6 Recognizance to keep peace; court option.
Sec. 6.
Every court before whom any person shall be convicted upon an indictment for any offense not punishable with death or by imprisonment in the state prison may, in addition to the punishment prescribed by law, require such person to recognize with sufficient sureties in a reasonable sum, to keep the peace or to be of good behavior, or both, for any time not exceeding 2 years and to stand committed until he shall so recognize.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17334 ;-- CL 1948, 769.6
Former Law:
See section 5 of Ch. 163 of R.S. 1846, being 1857, § 6104; CL 1871, § 7988; How., § 9604; CL 1897, § 11974; and CL 1915, § 15847.
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-IX - Chapter IX Judgment and Sentence (769.1...769.36) › Section 769.7 - Recognizance to Keep Peace; Breach of Condition; Procedure.

769.7 Recognizance to keep peace; breach of condition; procedure.
Sec. 7.
In case of a breach of the condition of any such recognizance the same proceedings shall be had as are prescribed in relation to recognizances to keep the peace in other cases.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17335 ;-- CL 1948, 769.7
Former Law:
See section 6 of Ch. 163 of R.S. 1846, being CL 1857, § 6105; CL 1871, § 7989; How., § 9605; CL 1897, § 11975; and CL 1915, § 15848.
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-IX - Chapter IX Judgment and Sentence (769.1...769.36) › Section 769.8 - Definite Term Prohibited for Conviction for First Time for Felony; Fixing Minimum Term; Stating Maximum Term; Examination of Convict; Entering Facts in Minutes of Court.

769.8 Definite term prohibited for conviction for first time for felony; fixing minimum term; stating maximum term; examination of convict; entering facts in minutes of court.
Sec. 8.
(1) When a person is convicted for the first time for committing a felony and the punishment prescribed by law for that offense may be imprisonment in a state prison, the court imposing sentence shall not fix a definite term of imprisonment, but shall fix a minimum term, except as otherwise provided in this chapter. The maximum penalty provided by law shall be the maximum sentence in all cases except as provided in this chapter and shall be stated by the judge in imposing the sentence.
(2) Before or at the time of imposing sentence, the judge shall ascertain by examining the defendant under oath, or otherwise, and by other evidence as can be obtained tending to indicate briefly the causes of the defendant's criminal character or conduct, which facts and other facts that appear to be pertinent in the case the judge shall cause to be entered upon the minutes of the court.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17336 ;-- CL 1948, 769.8 ;-- Am. 1978, Act 77, Eff. Sept. 1, 1978 ;-- Am. 1994, Act 322, Eff. (pending) ;-- Am. 1998, Act 317, Eff. Dec. 15, 1998
Former Law:
See section 1 of Act 184 of 1905, being CL 1915, § 15859; and Act 259 of 1921.
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-IX - Chapter IX Judgment and Sentence (769.1...769.36) › Section 769.9 - Indeterminate Sentence Inapplicable Where Only Punishment Is Life Imprisonment; Indeterminate Sentence in Cases Where Imprisonment for Life Discretionary; Indeterminate Sentence in Cases Involving Major Controlled Substance Offense.

769.9 Indeterminate sentence inapplicable where only punishment is life imprisonment; indeterminate sentence in cases where imprisonment for life discretionary; indeterminate sentence in cases involving major controlled substance offense.
Sec. 9.
(1) The provisions of this chapter relative to indeterminate sentences shall not apply to a person convicted for the commission of an offense for which the only punishment prescribed by law is imprisonment for life.
(2) In all cases where the maximum sentence in the discretion of the court may be imprisonment for life or any number or term of years, the court may impose a sentence for life or may impose a sentence for any term of years. If the sentence imposed by the court is for any term of years, the court shall fix both the minimum and the maximum of that sentence in terms of years or fraction thereof, and sentences so imposed shall be considered indeterminate sentences. The court shall not impose a sentence in which the maximum penalty is life imprisonment with a minimum for a term of years included in the same sentence.
(3) In cases involving a major controlled substance offense for which the court is directed by law to impose a sentence which cannot be less than a specified term of years nor more than a specified term of years, the court in imposing the sentence shall fix the length of both the minimum and maximum sentence within those specified limits, in terms of years or fraction thereof, and the sentence so imposed shall be considered an indeterminate sentence.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17337 ;-- CL 1948, 769.9 ;-- Am. 1957, Act 193, Eff. Sept. 27, 1957 ;-- Am. 1978, Act 77, Eff. Sept. 1, 1978
Former Law:
See section 3 of Act 184 of 1905, being CL 1915, § 15861; and Act 259 of 1921.
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-IX - Chapter IX Judgment and Sentence (769.1...769.36) › Section 769.10 - Punishment for Subsequent Felony; Sentence Imposed for Term of Years Considered Indeterminate Sentence; Use of Conviction to Enhance Sentence Prohibited.

769.10 Punishment for subsequent felony; sentence imposed for term of years considered indeterminate sentence; use of conviction to enhance sentence prohibited.
Sec. 10.
(1) If a person has been convicted of a felony or an attempt to commit a felony, whether the conviction occurred in this state or would have been for a felony or attempt to commit a felony in this state if obtained in this state, and that person commits a subsequent felony within this state, the person shall be punished upon conviction of the subsequent felony and sentencing under section 13 of this chapter as follows:
(a) If the subsequent felony is punishable upon a first conviction by imprisonment for a term less than life, the court, except as otherwise provided in this section or section 1 of chapter XI, may place the person on probation or sentence the person to imprisonment for a maximum term that is not more than 1-1/2 times the longest term prescribed for a first conviction of that offense or for a lesser term.
(b) If the subsequent felony is punishable upon a first conviction by imprisonment for life, the court, except as otherwise provided in this section or section 1 of chapter XI, may place the person on probation or sentence the person to imprisonment for life or for a lesser term.
(c) If the subsequent felony is a major controlled substance offense, the person shall be punished as provided by part 74 of the public health code, 1978 PA 368, MCL 333.7401 to 333.7461.
(2) If the court pursuant to this section imposes a sentence of imprisonment for any term of years, the court shall fix the length of both the minimum and maximum sentence within any specified limits in terms of years or a fraction of a year and the sentence so imposed shall be considered an indeterminate sentence. The court shall not fix a maximum sentence that is less than the maximum term for a first conviction.
(3) A conviction shall not be used to enhance a sentence under this section if that conviction is used to enhance a sentence under a statute that prohibits use of the conviction for further enhancement under this section.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- Am. 1929, Act 24, Imd. Eff. Apr. 2, 1929 ;-- CL 1929, 17338 ;-- CL 1948, 769.10 ;-- Am. 1949, Act 56, Eff. Sept. 23, 1949 ;-- Am. 1978, Act 77, Eff. Sept. 1, 1978 ;-- Am. 1988, Act 90, Imd. Eff. Mar. 30, 1988 ;-- Am. 1998, Act 317, Eff. Dec. 15, 1998 ;-- Am. 2006, Act 655, Imd. Eff. Jan. 9, 2007
Former Law:
See section 12 of Ch. 161 of R.S. 1846, being CL 1857, § 5948; CL 1871, § 7814; How., § 9424; CL 1897, § 11785; and CL 1915, § 15612.
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-IX - Chapter IX Judgment and Sentence (769.1...769.36) › Section 769.11 - Punishment for Subsequent Felony Following Conviction of 2 or More Felonies; Sentence for Term of Years Considered Indeterminate Sentence; Use of Conviction to Enhance Sentence Prohibited.

769.11 Punishment for subsequent felony following conviction of 2 or more felonies; sentence for term of years considered indeterminate sentence; use of conviction to enhance sentence prohibited.
Sec. 11.
(1) If a person has been convicted of any combination of 2 or more felonies or attempts to commit felonies, whether the convictions occurred in this state or would have been for felonies or attempts to commit felonies in this state if obtained in this state, and that person commits a subsequent felony within this state, the person shall be punished upon conviction of the subsequent felony and sentencing under section 13 of this chapter as follows:
(a) If the subsequent felony is punishable upon a first conviction by imprisonment for a term less than life, the court, except as otherwise provided in this section or section 1 of chapter XI, may sentence the person to imprisonment for a maximum term that is not more than twice the longest term prescribed by law for a first conviction of that offense or for a lesser term.
(b) If the subsequent felony is punishable upon a first conviction by imprisonment for life, the court, except as otherwise provided in this section or section 1 of chapter XI, may sentence the person to imprisonment for life or for a lesser term.
(c) If the subsequent felony is a major controlled substance offense, the person shall be punished as provided by part 74 of the public health code, 1978 PA 368, MCL 333.7401 to 333.7461.
(2) If the court pursuant to this section imposes a sentence of imprisonment for any term of years, the court shall fix the length of both the minimum and maximum sentence within any specified limits in terms of years or a fraction of a year, and the sentence so imposed shall be considered an indeterminate sentence. The court shall not fix a maximum sentence that is less than the maximum term for a first conviction.
(3) A conviction shall not be used to enhance a sentence under this section if that conviction is used to enhance a sentence under a statute that prohibits use of the conviction for further enhancement under this section.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- Am. 1929, Act 24, Imd. Eff. Apr. 2, 1929 ;-- CL 1929, 17339 ;-- CL 1948, 769.11 ;-- Am. 1949, Act 56, Eff. Sept. 23, 1949 ;-- Am. 1978, Act 77, Eff. Sept. 1, 1978 ;-- Am. 1988, Act 90, Imd. Eff. Mar. 30, 1988 ;-- Am. 1998, Act 317, Eff. Dec. 15, 1998 ;-- Am. 2006, Act 655, Imd. Eff. Jan. 9, 2007
Compiler's Notes:
Act 196 of 1971, referred to in this section, was repealed by Act 368 of 1978.
Former Law:
See section 13 of Ch. 161 of R.S. 1846, being CL 1857, § 5949; CL 1871, § 7815; How., § 9425; CL 1897, § 11786; and CL 1915, § 15613.
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-IX - Chapter IX Judgment and Sentence (769.1...769.36) › Section 769.11a - Void Sentence; Trial Judge to Credit Time Served.

769.11a Void sentence; trial judge to credit time served.
Sec. 11a.
Whenever any person has been heretofore or hereafter convicted of any crime within this state and has served any time upon a void sentence, the trial court, in imposing sentence upon conviction or acceptance of a plea of guilty based upon facts arising out of the earlier void conviction, shall in imposing the sentence specifically grant or allow the defendant credit against and by reduction of the statutory maximum by the time already served by such defendant on the sentence imposed for the prior erroneous conviction. Failure of the corrections commission to carry out the terms of said sentence shall be cause for the issuance of a writ of habeas corpus to have the prisoner brought before the court for the taking of such further action as the court may again determine.
History:
Add. 1954, Act 205, Eff. Aug. 13, 1954 ;-- Am. 1965, Act 67, Imd. Eff. June 22, 1965
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-IX - Chapter IX Judgment and Sentence (769.1...769.36) › Section 769.11b - Credit Time Served Prior to Sentence; Lack of Bond.

769.11b Credit time served prior to sentence; lack of bond.
Sec. 11b.
Whenever any person is hereafter convicted of any crime within this state and has served any time in jail prior to sentencing because of being denied or unable to furnish bond for the offense of which he is convicted, the trial court in imposing sentence shall specifically grant credit against the sentence for such time served in jail prior to sentencing.
History:
Add. 1965, Act 73, Eff. Mar. 31, 1966
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-IX - Chapter IX Judgment and Sentence (769.1...769.36) › Section 769.14 - Review of Sentence of Prisoner or Parolee; Application; Rights of Prisoner.

769.14 Review of sentence of prisoner or parolee; application; rights of prisoner.
Sec. 14.
Any person now incarcerated in any state prison, or on parole from a sentence thereto, who was sentenced under the terms of sections 10, 11, 12 or 13 of this chapter as in effect prior to the effective date of Act No. 56 of the Public Acts of 1949, shall be entitled to a review of sentence upon application to the court in which he was sentenced. Upon such application any judge of such court may vacate the previous sentence and impose any lesser sentence which in his judgment might have been imposed under sections 10, 11, 12 or 13 of this chapter, as amended by Act No. 56 of the Public Acts of 1949, had such sections as amended been in force at the date of the previous sentence imposed upon said prisoner: Provided, That any sentence so imposed shall be deemed to have begun as of the date of the previous sentence, and the rights of such prisoner under the laws shall be governed by the lesser sentence as then imposed.
History:
Add. 1951, Act 159, Eff. Sept. 28, 1951
Constitutionality:
This section violates Const 1963, art V, § 14, which, by implication, forbids the judiciary from commuting a sentence and restricts the legislature from passing a law which infringes upon the exclusive power of the governor to commute a sentence. People v Freleigh, 334 Mich 306; 54 NW2d 599 (1952).
Former Law:
See section 14 of Chapter IX of Act 175 of 1927; and Act 328 of 1931.
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-IX - Chapter IX Judgment and Sentence (769.1...769.36) › Section 769.16 - Clerk of Court and Sheriff; Duty in Executing Sentence; Fine or Imprisonment in County Jail; Transcript.

769.16 Clerk of court and sheriff; duty in executing sentence; fine or imprisonment in county jail; transcript.
Sec. 16.
When any person convicted of an offense shall be sentenced to pay a fine or costs, or to be imprisoned in the county jail, the clerk of the court shall, as soon as may be, make out and deliver to the sheriff of the county or some officer in court, a transcript from the minutes of the court, of the conviction and sentence duly certified by such clerk, which shall be sufficient authority for the sheriff to execute such sentence, and he shall execute the same accordingly.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17344 ;-- CL 1948, 769.16
Former Law:
See section 7 of Ch. 168 of R.S. 1846, being CL 1857, § 6106; CL 1871, § 7990; How., § 9606; CL 1897, § 11976; and CL 1915, § 15849.
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-IX - Chapter IX Judgment and Sentence (769.1...769.36) › Section 769.16b - Finding of Not Guilty by Reason of Insanity; Entering Order Into Law Enforcement Information Network.

769.16b Finding of not guilty by reason of insanity; entering order into Law Enforcement Information Network.
Sec. 16b.
(1) If a person charged with any offense is found not guilty by reason of insanity, the court entering the disposition shall immediately order the department of state police to enter the disposition into the law enforcement information network.
(2) The department of state police shall immediately enter a disposition into the law enforcement information network as ordered by the court under this section.
History:
Add. 1994, Act 335, Eff. Apr. 1, 1996
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-IX - Chapter IX Judgment and Sentence (769.1...769.36) › Section 769.17 - Clerk of Court and Sheriff; Duty in Executing Sentence; Imprisonment in State Prison; Warrant, Abstract of Conviction.

769.17 Clerk of court and sheriff; duty in executing sentence; imprisonment in state prison; warrant, abstract of conviction.
Sec. 17.
When any convict shall be sentenced to imprisonment in the state prison, the clerk of the court before whom such conviction was had, shall make out a warrant, under the seal of the court, directed to the sheriff of the county, requiring him to cause such convict, without needless delay, to be removed from the county jail to the state prison, which warrant shall be delivered to such sheriff and be obeyed by him and shall be accompanied by a certified abstract from the minutes of the court, of such conviction and sentence as aforesaid.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17345 ;-- CL 1948, 769.17
Former Law:
See section 8 of Ch. 168 of R.S. 1846, being CL 1857, § 6107; CL 1871, § 7991; How., § 9607; CL 1897, § 11977; and CL 1915, § 15850.
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-IX - Chapter IX Judgment and Sentence (769.1...769.36) › Section 769.18 - Record After Sentence of Imprisonment; Duty of Clerk; Contents, Forwarding, Fee.

769.18 Record after sentence of imprisonment; duty of clerk; contents, forwarding, fee.
Sec. 18.
Whenever a person shall be convicted of crime and sentenced to imprisonment pursuant to the provisions of this act, or for life, the clerk of the court shall make and forward to the warden or superintendent of the institution to which the convict is sentenced, and also to the governor, a record containing a copy of the information or complaint, the sentence pronounced by the court, the name and residence of the judge presiding at the trial, prosecuting attorney and sheriff, and the names and postoffice addresses of the jurors and witnesses sworn on the trial, together with a statement of any fact or facts which the presiding judge may deem important or necessary for a full comprehension of the case, and a reference to the statute under which the sentence was imposed. One copy of the said record shall be delivered to the warden or superintendent at the time the prisoner is received into the institution, and 1 copy shall be forwarded to the governor within 10 days thereafter. In each case in which he shall perform the duties required by this act, the clerk of the court shall be entitled to such compensation as shall be certified to be just by the presiding judge at the trial not to exceed 3 dollars for any 1 case, which shall be paid by the county in which the trial is had, as a part of the expenses of such trial.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- Am. 1929, Act 188, Imd. Eff. May 20, 1929 ;-- CL 1929, 17346 ;-- CL 1948, 769.18
Former Law:
See section 4 of Act 184 of 1905, being CL 1915, § 15862.
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-IX - Chapter IX Judgment and Sentence (769.1...769.36) › Section 769.19-769.23 - Repealed. 1972, Act 179, Imd. Eff. June 16, 1972.

769.19-769.23 Repealed. 1972, Act 179, Imd. Eff. June 16, 1972.
Compiler's Notes:
The repealed sections pertained to the death penalty.
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-IX - Chapter IX Judgment and Sentence (769.1...769.36) › Section 769.24 - Excessive Sentence; Validity.

769.24 Excessive sentence; validity.
Sec. 24.
Whenever, in any criminal case, the defendant shall be adjudged guilty and a punishment by fine or imprisonment shall be imposed in excess of that allowed by law, the judgment shall not for that reason alone be judged altogether void, nor be wholly reversed and annulled by any court of review, but the same shall be valid and effectual to the extent of the lawful penalty, and shall only be reversed or annulled on writ of error or otherwise, in respect to the unlawful excess.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17352 ;-- CL 1948, 769.24
Former Law:
See Act 170 of 1867, being CL 1871, § 7998; How., § 9614; CL 1897, § 11984; and CL 1915, § 15857.
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-IX - Chapter IX Judgment and Sentence (769.1...769.36) › Section 769.26 - Error in Pleading or Procedure; Effect.

769.26 Error in pleading or procedure; effect.
Sec. 26.
No judgment or verdict shall be set aside or reversed or a new trial be granted by any court of this state in any criminal case, on the ground of misdirection of the jury, or the improper admission or rejection of evidence, or for error as to any matter of pleading or procedure, unless in the opinion of the court, after an examination of the entire cause, it shall affirmatively appear that the error complained of has resulted in a miscarriage of justice.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17354 ;-- CL 1948, 769.26
Former Law:
See Act 89 of 1915, being CL 1915, § 14565.
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-IX - Chapter IX Judgment and Sentence (769.1...769.36) › Section 769.27 - Change of Sentence by Court; Notice to Prosecuting Attorney, Defendant, and Defendant's Counsel; Objection; Hearing.

769.27 Change of sentence by court; notice to prosecuting attorney, defendant, and defendant's counsel; objection; hearing.
Sec. 27.
If the court changes any sentence imposed under this act in any respect, the clerk of the court shall give written notice of the change to the prosecuting attorney, the defendant, and the defendant's counsel. The prosecuting attorney, the defendant's counsel, or the defendant may file an objection to the change. The court shall promptly hold a hearing on any objection filed.
History:
Add. 1935, Act 144, Eff. Sept. 21, 1935 ;-- CL 1948, 769.27 ;-- Am. 2000, Act 220, Eff. Oct. 1, 2000
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-IX - Chapter IX Judgment and Sentence (769.1...769.36) › Section 769.28 - Commitment or Sentence for Maximum of 1 Year; Place; Section Inapplicable to Certain Juveniles.

769.28 Commitment or sentence for maximum of 1 year; place; section inapplicable to certain juveniles.
Sec. 28.
Notwithstanding any provision of law to the contrary, if a person convicted of a crime or contempt of court is committed or sentenced to imprisonment for a maximum of 1 year or less, the commitment or sentence shall be to the county jail of the county in which the person was convicted and not to a state penal institution. This section does not apply to a juvenile placed on probation and committed to an institution or agency described in the youth rehabilitation services act, 1974 PA 150, MCL 803.301 to 803.309, under section 1(3) or (4) of this chapter.
History:
Add. 1953, Act 119, Imd. Eff. May 25, 1953 ;-- Am. 1954, Act 32, Imd. Eff. Mar. 31, 1954 ;-- Am. 1955, Act 202, Imd. Eff. June 17, 1955 ;-- Am. 1985, Act 47, Imd. Eff. June 14, 1985 ;-- Am. 1988, Act 78, Eff. Oct. 1, 1988 ;-- Am. 1998, Act 520, Imd. Eff. Jan. 12, 1999
Compiler's Notes:
Section 3 of Act 78 of 1988 provides: “This amendatory act shall take effect June 1, 1988.” This section was amended by Act 181 of 1988 to read as follows: “This amendatory act shall take effect October 1, 1988.”
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-IX - Chapter IX Judgment and Sentence (769.1...769.36) › Section 769.31 - Definitions.

769.31 Definitions.
Sec. 31.
As used in this section and section 34 of this chapter:
(a) "Departure" means a sentence imposed that is not within the appropriate minimum sentence range established under the sentencing guidelines set forth in chapter XVII.
(b) "Intermediate sanction" means probation or any sanction, other than imprisonment in a county jail, state prison, or state reformatory, that may lawfully be imposed. Intermediate sanction includes, but is not limited to, 1 or more of the following:
(i) Inpatient or outpatient drug treatment or participation in a drug treatment court under chapter 10A of the revised judicature act of 1961, 1961 PA 236, MCL 600.1060 to 600.1082.
(ii) Probation with any probation conditions required or authorized by law.
(iii) Residential probation.
(iv) Probation with special alternative incarceration.
(v) Mental health treatment.
(vi) Mental health or substance abuse counseling.
(vii) Participation in a community corrections program.
(viii)Community service.
(ix) Payment of a fine.
(x) House arrest.
(xi) Electronic monitoring.
(c) "Offender characteristics" means only the prior criminal record of an offender.
(d) "Offense characteristics" means the elements of the crime and the aggravating and mitigating factors relating to the offense that the legislature determines are appropriate. For purposes of this subdivision, an offense described in section 33b of the corrections code of 1953, 1953 PA 232, MCL 791.233b, that resulted in a conviction and that arose out of the same transaction as the offense for which the sentencing guidelines are being scored shall be considered as an aggravating factor.
(e) "Prior criminal record" means all of the following:
(i) Misdemeanor and felony convictions.
(ii) Probation and parole violations involving criminal activity.
(iii) Dispositions entered under section 18 of chapter XIIA of 1939 PA 288, MCL 712A.18, for acts that would have been crimes if committed by an adult.
(iv) Assignment to youthful trainee status under sections 11 to 15 of chapter II.
(v) A conviction set aside under 1965 PA 213, MCL 780.621 to 780.624.
(vi) Dispositions described in subparagraph (iii) that have been set aside under section 18e of chapter XIIA of 1939 PA 288, MCL 712A.18e, or expunged.
History:
Add. 1994, Act 445, Imd. Eff. Jan. 10, 1995 ;-- Am. 1998, Act 317, Eff. Dec. 15, 1998 ;-- Am. 2002, Act 31, Eff. Apr. 1, 2002 ;-- Am. 2004, Act 220, Eff. Jan. 1, 2005 ;-- Am. 2020, Act 395, Eff. Mar. 24, 2021
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-IX - Chapter IX Judgment and Sentence (769.1...769.36) › Section 769.32, 769.33 - Repealed. 2002, Act 31, Eff. Apr. 1, 2002.

769.32, 769.33 Repealed. 2002, Act 31, Eff. Apr. 1, 2002.
Compiler's Notes:
The repealed sections pertained to creation and duties of the sentencing commission.
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-IX - Chapter IX Judgment and Sentence (769.1...769.36) › Section 769.32a - Repealed 2018, Act 576, Eff. Sept. 30, 2019.

769.32a Repealed 2018, Act 576, Eff. Sept. 30, 2019.
Compiler's Notes:
The repealed section pertained to creation, appointment, and terms of criminal justice policy commission.