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Procedure (760.1 - 777.69) › 175-1927-IX - Chapter IX Judgment and Sentence (769.1...769.36) › Section 769.33a - Repealed. 2018, Act 576, Eff. Sept. 30, 2019.

769.33a Repealed. 2018, Act 576, Eff. Sept. 30, 2019.
Compiler's Notes:
The repealed section pertained to the duties of criminal justice policy commission and repeal of MCL 769.32a and 769.33a.
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 769.35 - Jail Reimbursement Program; Operation; Criteria.

769.35 Jail reimbursement program; operation; criteria.
Sec. 35.
The department of corrections shall operate a jail reimbursement program that provides funding to counties for housing offenders in county jails who otherwise would have been sentenced to prison. The criteria for reimbursement, including but not limited to criteria for determining those offenders who otherwise would have been sentenced to prison, and the rate of reimbursement shall be established in the annual appropriations acts for the department of corrections.
History:
Add. 1998, Act 317, Eff. Dec. 15, 1998
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 769.36 - Deaths Arising Out of Same Criminal Transaction; Crimes to Which Person May Be Charged and Convicted; Consecutive Terms; Definitions.

769.36 Deaths arising out of same criminal transaction; crimes to which person may be charged and convicted; consecutive terms; definitions.
Sec. 36.
(1) A person may be charged with and convicted of any of the following for each death arising out of the same criminal transaction, and the court may order the terms of imprisonment to be served consecutively to each other:
(a) Section 602a(5), 617(3), 625(4), or 904(4) of the Michigan vehicle code, 1949 PA 300, MCL 257.602a, 257.617, 257.625, and 257.904.
(b) Section 317 or 321 of the Michigan penal code, 1931 PA 328, MCL 750.317 and 750.321, where death results from the operation of a vehicle, vessel, ORV, snowmobile, aircraft, or locomotive, or section 479a(5) of the Michigan penal code, 1931 PA 328, MCL 750.479a.
(c) Section 80176(4), 81134(7), or 82127(4) of the natural resources and environmental protection act, 1994 PA 451, MCL 324.80176, 324.81134, and 324.82127.
(d) Section 185(4) of the aeronautics code of the state of Michigan, 1945 PA 327, MCL 259.185.
(e) Section 353(6) of the railroad code of 1993, 1993 PA 354, MCL 462.353.
(2) As used in this section:
(a) "Aircraft" means that term as defined in section 2 of the aeronautics code of the state of Michigan, 1945 PA 327, MCL 259.2.
(b) "ORV" means that term as defined in section 81101 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.81101.
(c) "Snowmobile" means that term as defined in section 82101 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.82101.
(d) "Vehicle" means that term as defined in section 79 of the Michigan vehicle code, 1949 PA 300, MCL 257.79.
(e) "Vessel" means that term as defined in section 80104 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.80104.
History:
Add. 2001, Act 246, Eff. Mar. 1, 2002 ;-- Am. 2002, Act 659, Eff. Apr. 1, 2003
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-X - Chapter X New Trials, Writs of Error and Bills of Exceptions (770.1...770.16) › Section 770.1 - Granting New Trial to Defendant.

770.1 Granting new trial to defendant.
Sec. 1.
The judge of a court in which the trial of an offense is held may grant a new trial to the defendant, for any cause for which by law a new trial may be granted, or when it appears to the court that justice has not been done, and on the terms or conditions as the court directs.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17355 ;-- CL 1948, 770.1 ;-- Am. 1980, Act 506, Imd. Eff. Jan. 22, 1981
Former Law:
See section 1 of Ch. 166 of R.S. 1846, being CL 1857, § 6082; CL 1871, § 7963; How., § 9576; CL 1897, § 11963; and CL 1915, § 15836.
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-X - Chapter X New Trials, Writs of Error and Bills of Exceptions (770.1...770.16) › Section 770.2 - Motion for New Trial.

770.2 Motion for new trial.
Sec. 2.
(1) Except as provided in section 16, in a case appealable as of right to the court of appeals, a motion for a new trial shall be made within 60 days after entry of the judgment or within any further time allowed by the trial court during the 60-day period.
(2) In a misdemeanor or ordinance violation case appealable as of right from a municipal court in a city that adopts a resolution of approval under section 23a of the Michigan uniform municipal court act, 1956 PA 5, MCL 730.523a, or from a court of record to the circuit court, a motion for a new trial shall be made within 20 days after entry of the judgment.
(3) In a misdemeanor or ordinance violation case appealable de novo to the circuit court, a motion for a new trial shall be made within 20 days after entry of the judgment.
(4) If the applicable period of time prescribed in subsection (1) or (2) has expired, a court of record may grant a motion for a new trial for good cause shown. If the applicable time period prescribed in subsection (3) has expired and the defendant has not appealed, a municipal court may grant a motion for new trial for good cause shown.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17356 ;-- CL 1948, 770.2 ;-- Am. 1980, Act 506, Imd. Eff. Jan. 22, 1981 ;-- Am. 1981, Act 205, Eff. Jan. 1, 1982 ;-- Am. 1998, Act 407, Eff. Jan. 1, 1999 ;-- Am. 2000, Act 402, Imd. Eff. Jan. 8, 2001
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-X - Chapter X New Trials, Writs of Error and Bills of Exceptions (770.1...770.16) › Section 770.3a - Repealed. 2006, Act 655, Imd. Eff. Jan. 9, 2007.

770.3a Repealed. 2006, Act 655, Imd. Eff. Jan. 9, 2007.
Compiler's Notes:
The repealed section pertained to defendant pleading guilty, guilty but mentally ill, or nolo contendere, and to appointment of appellate counsel.
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-X - Chapter X New Trials, Writs of Error and Bills of Exceptions (770.1...770.16) › Section 770.4-770.7 - Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981.

770.4-770.7 Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981.
Compiler's Notes:
The repealed sections pertained to writs of error.
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-X - Chapter X New Trials, Writs of Error and Bills of Exceptions (770.1...770.16) › Section 770.8 - Bail Between Trial Court Judgment and Decision of Appellate Court.

770.8 Bail between trial court judgment and decision of appellate court.
Sec. 8.
During the time between the trial court judgment and the decision of the court to which an appeal is taken, the trial judge may admit the defendant to bail, if the offense charged is bailable and if the offense is not an assaultive crime as defined in section 9a of this chapter.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17362 ;-- CL 1948, 770.8 ;-- Am. 1977, Act 34, Eff. Mar. 30, 1978
Former Law:
See section 3 of Act 159 of 1917.
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-X - Chapter X New Trials, Writs of Error and Bills of Exceptions (770.1...770.16) › Section 770.9 - Bail During Pendency of Appeal or Application for Leave to Appeal.

770.9 Bail during pendency of appeal or application for leave to appeal.
Sec. 9.
During the pendency of an appeal or application for leave to appeal, a justice or judge of the court in which the appeal or application is filed may admit the defendant to bail, if the offense charged is bailable and if the offense is not an assaultive crime as defined in section 9a of this chapter or sexual assault of a minor as described in section 9b of this chapter.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17363 ;-- CL 1948, 770.9 ;-- Am. 1977, Act 34, Eff. Mar. 30, 1978 ;-- Am. 2004, Act 32, Eff. June 30, 2004
Former Law:
See section 8 of Ch. 138 of R.S. 1846, being CL 1857, § 5339; CL 1871, § 7126; How., § 8685; CL 1897, § 10491; CL 1915, § 14590; Secs. 5 to 7 of Ch. 166 of R.S. 1846, being CL 1857, §§ 6086 to 6088; CL 1871, §§ 7967 to 7969; How., §§ 9580 to 9582; CL 1897, §§ 11967 to 11969; CL 1915, §§ 15840 to 15842; and section 3 of Act 159 of 1917.
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-X - Chapter X New Trials, Writs of Error and Bills of Exceptions (770.1...770.16) › Section 770.9a - Detention and Denial of Bail Where Defendant Convicted of Assaultive Crime; “Assaultive Crime” Defined; Expediting Appeal or Application for Leave to Appeal.

770.9a Detention and denial of bail where defendant convicted of assaultive crime; “assaultive crime” defined; expediting appeal or application for leave to appeal.
Sec. 9a.
(1) A defendant convicted of an assaultive crime and awaiting sentence shall be detained and shall not be admitted to bail unless the trial court finds by clear and convincing evidence that the defendant is not likely to pose a danger to other persons and that section 9b of this chapter does not apply.
(2) A defendant convicted of an assaultive crime and sentenced to a term of imprisonment who has filed an appeal or an application for leave to appeal shall be detained and shall not be admitted to bail unless the trial court or the court to which the appeal is taken finds by clear and convincing evidence that section 9b of this chapter does not apply and that both of the following exist:
(a) The defendant is not likely to pose a danger to other persons.
(b) The appeal or application raises a substantial question of law or fact.
(3) As used in this section, "assaultive crime" means an offense against a person described in section 81c(3), 82, 83, 84, 86, 87, 88, 89, 90a, 90b(a) or (b), 91, 200 to 212a, 316, 317, 321, 349, 349a, 350, 397, 411h(2)(b) or (3), 411i, 520b, 520c, 520d, 520e, 520g, 529, 529a, 530, or 543a to 543z of the Michigan penal code, 1931 PA 328, MCL 750.81c, 750.82, 750.83, 750.84, 750.86, 750.87, 750.88, 750.89, 750.90a, 750.90b, 750.91, 750.200 to 750.212a, 750.316, 750.317, 750.321, 750.349, 750.349a, 750.350, 750.397, 750.411h, 750.411i, 750.520b, 750.520c, 750.520d, 750.520e, 750.520g, 750.529, 750.529a, 750.530, and 750.543a to 750.543z.
(4) The appeal or application for leave to appeal filed by a person denied bail under this section shall be expedited pursuant to rules adopted for that purpose by the supreme court.
History:
Add. 1977, Act 34, Eff. Mar. 30, 1978 ;-- Am. 1994, Act 195, Eff. Oct. 1, 1994 ;-- Am. 2001, Act 208, Eff. Apr. 1, 2002 ;-- Am. 2002, Act 483, Eff. Oct. 1, 2002 ;-- Am. 2004, Act 32, Eff. June 30, 2004
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-X - Chapter X New Trials, Writs of Error and Bills of Exceptions (770.1...770.16) › Section 770.9b - Detention and Denial of Bail Where Defendant Convicted of Sexual Assault of Minor; Definitions.

770.9b Detention and denial of bail where defendant convicted of sexual assault of minor; definitions.
Sec. 9b.
(1) A defendant convicted of sexual assault of a minor and awaiting sentence shall be detained and shall not be admitted to bail.
(2) A defendant convicted of sexual assault of a minor sentenced to a term of imprisonment who has filed an appeal or an application for leave to appeal shall be detained and shall not be admitted to bail.
(3) As used in this section:
(a) "Minor" means an individual less than 16 years of age.
(b) "Sexual assault of a minor" means a violation of any of the following:
(i) Section 520b, 520c, 520d(1)(b), (c), (d), or (e) of the Michigan penal code, 1931 PA 328, MCL 750.520b, 750.520c, and 750.520d, in which the victim of the offense is a minor.
(ii) Section 520d(1)(a) of the Michigan penal code, 1931 PA 328, MCL 750.520d, if the actor is 5 or more years older than the victim.
(iii) Section 520g of the Michigan penal code, 1931 PA 328, MCL 750.520g, for assaulting an individual with the intent to commit criminal sexual conduct described in subparagraphs (i) and (ii).
History:
Add. 2004, Act 32, Eff. June 30, 2004
Compiler's Notes:
In subsection (3)(b)(i), the phrase "Section 520b, 520c, 520d(1)(b), (c), (d), or (e) of the Michigan penal code" evidently should read "Section 520b, 520c, or 520d(1)(b), (c), (d), or (e) of the Michigan penal code."
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-X - Chapter X New Trials, Writs of Error and Bills of Exceptions (770.1...770.16) › Section 770.10, 770.11 - Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981.

770.10, 770.11 Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981.
Compiler's Notes:
The repealed sections pertained to bills of exception.
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-X - Chapter X New Trials, Writs of Error and Bills of Exceptions (770.1...770.16) › Section 770.12 - Appeal by People; Right of Defendant to Bail Upon Appeal; Provisions Governing Section.

770.12 Appeal by people; right of defendant to bail upon appeal; provisions governing section.
Sec. 12.
(1) Except as provided in subsection (2), the people of this state may take an appeal of right in a criminal case, if the protection against double jeopardy under section 15 of article I of the state constitution of 1963 and amendment V of the constitution of the United States would not bar further proceedings against the defendant, from either of the following:
(a) A final judgment or final order of the circuit court or recorder's court, except a judgment or order of the circuit court or recorder's court on appeal from any other court.
(b) A final judgment or order of a court or tribunal from which appeal of right has been established by law.
(2) The people of this state may take an appeal by leave in a criminal case, if the protection against double jeopardy under section 15 of article I of the state constitution of 1963 and amendment V of the constitution of the United States would not bar further proceedings against the defendant, from any of the following:
(a) A judgment or order of the circuit court or recorder's court that is not a final judgment appealable of right.
(b) A final judgment entered by the circuit court or the recorder's court on appeal from any other court.
(c) Any other judgment or order appealable by law or rule.
(d) A judgment or order when an appeal of right could have been taken but was not timely filed.
(e) A final order or judgment based upon a defendant's plea of guilty or nolo contendere.
(3) The right of the defendant to bail upon appeal under this section shall be governed by section 9a of this chapter and section 7 of chapter V.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17366 ;-- Am. 1941, Act 132, Eff. Jan. 10, 1942 ;-- CL 1948, 770.12 ;-- Am. 1977, Act 34, Eff. Mar. 30, 1978 ;-- Am. 1988, Act 66, Eff. Mar. 30, 1988 ;-- Am. 1994, Act 374, Imd. Eff. Dec. 27, 1994
Compiler's Notes:
For provisions of chapter 5, referred to in this section, see MCL 765.7.
Former Law:
See section 1 of Act 159 of 1917.
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-X - Chapter X New Trials, Writs of Error and Bills of Exceptions (770.1...770.16) › Section 770.13-770.15 - Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981.

770.13-770.15 Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981.
Compiler's Notes:
The repealed sections pertained to writ of error in criminal cases, rules of practice, and the repeal of inconsistent provisions.
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-XI - Chapter XI Probation (771.1...771.24) › Section 771.3a - Probation Camp.

771.3a Probation camp.
Sec. 3a.
(1) A person under 22 years of age who is convicted of a crime in this state for which a sentence in a state prison may be imposed may be required under a probation order to spend not more than 1 year of the probation period, as the court directs, in a probation camp made available to the court by the department of corrections. Admission to a probation camp under this section shall be made only with the prior consent of the department of corrections. The department shall have custody of the probationer for the period the court directs. A probationer fleeing the department's custody may be pursued and recaptured as if the probationer had been regularly committed to a penal institution and had escaped from the institution. A violation by the probationer of the department's rules constitutes sufficient grounds for the court to revoke its probation order and to sentence the probationer for the offense for which he or she was originally convicted and placed on probation. This section does not restrict or limit the court's jurisdiction to place a person on probation in another facility suitable and available to the court. The expense of transporting a probationer to and from the probation camp shall be borne by the county from which the probationer was committed to the department of corrections.
(2) This section does not apply to a person placed on probation under sections 1(3) and 2(3) of this chapter or to a juvenile placed on probation and committed under section 1(3) or (4) of chapter IX to an institution or agency described in the youth rehabilitation services act, 1974 PA 150, MCL 803.301 to 803.309.
History:
Add. 1955, Act 154, Imd. Eff. June 7, 1955 ;-- Am. 1958, Act 106, Eff. Sept. 13, 1958 ;-- Am. 1978, Act 77, Eff. Sept. 1, 1978 ;-- 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-XI - Chapter XI Probation (771.1...771.24) › Section 771.3c - Probation Supervision Fee; Enforcement of Probation Oversight Fee; Waiver of Fee; Person Subject to Other Obligations Arising Out of Criminal Proceeding; Applicability of Section to Certain Juveniles; "Electronic Monitoring Device" Defined.

771.3c Probation supervision fee; enforcement of probation oversight fee; waiver of fee; person subject to other obligations arising out of criminal proceeding; applicability of section to certain juveniles; "electronic monitoring device" defined.
Sec. 3c.
(1) Except as provided in subsection (2), the circuit court shall include in each order of probation for a defendant convicted of a crime that the department of corrections collect a probation supervision fee of $30.00 multiplied by the number of months of probation ordered, but not more than 60 months, if a defendant is placed on probation supervision without an electronic monitoring device. If a defendant is placed on probation supervision with an electronic monitoring device under this subsection, the circuit court's order shall include in its order that the department of corrections collect a probation supervision fee of $60.00 multiplied by the number of months of probation ordered, but not more than 60 months. The fee is payable when the probation order is entered, but the fee may be paid in monthly installments if the court approves installment payments for that probationer. The fee must be collected as provided in section 25a of the corrections code of 1953, 1953 PA 232, MCL 791.225a. A person must not be subject to more than 1 supervision fee at the same time. If a supervision fee is ordered for a person for any month or months during which that person already is subject to a supervision fee, the court shall waive the fee having the shorter remaining duration.
(2) The circuit court may waive the fee required to be collected under this section if the court determines that the supervised individual is indigent.
(3) If a person who is subject to a probation supervision fee is also subject to any combination of fines, costs, restitution orders, assessments, or payments arising out of the same criminal proceeding, the allocation of money collected for those obligations must be as otherwise provided in section 22 of chapter XV.
(4) This section does not apply to a juvenile placed on probation and committed under section 1(3) or (4) of chapter IX to an institution or agency described in the youth rehabilitation services act, 1974 PA 150, MCL 803.301 to 803.309.
(5) As used in this section, "electronic monitoring device" includes any electronic device or instrument that is used to track the location of an individual, enforce a curfew, or detect the presence of alcohol in an individual's body.
History:
Add. 1989, Act 184, Eff. Oct. 1, 1989 ;-- Am. 1993, Act 185, Eff. Oct. 1, 1993 ;-- Am. 1998, Act 520, Imd. Eff. Jan. 12, 1999 ;-- Am. 2002, Act 483, Eff. Oct. 1, 2002 ;-- Am. 2019, Act 165, Eff. Mar. 19, 2020
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-XI - Chapter XI Probation (771.1...771.24) › Section 771.3d - Verification of Employment or School Enrollment; Order of Release Contingent Upon County Sheriff Approval; "School" Defined.

771.3d Verification of employment or school enrollment; order of release contingent upon county sheriff approval; "school" defined.
Sec. 3d.
(1) Before an individual convicted of a felony is released from jail under section 3 of this chapter to attend work or school, the court, at the time of sentencing, shall order the department of corrections to verify that the individual is currently employed or currently enrolled in school, as applicable. However, the requirement for verification of employment or school enrollment by the department of corrections does not apply if the county sheriff has provided or will provide that verification. If required, the department of corrections shall provide this verification to the court within 7 days after the order is issued. The court shall not order the individual to be released to attend work or school unless the county sheriff or the department has determined that the individual is currently employed or currently enrolled in school, as applicable. The order of release shall provide that release is contingent at all times upon the approval of the county sheriff.
(2) As used in this section, "school" means any of the following:
(a) A school of secondary education.
(b) A community college, college, or university.
(c) A state-licensed technical or vocational school or program.
(d) A program that prepares the person for the general education development (GED) test.
History:
Add. 2012, Act 612, Eff. Mar. 1, 2013
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-XI - Chapter XI Probation (771.1...771.24) › Section 771.3e - Release to Attend Work or School; Electronic Monitoring; Order; Payment of Installation, Maintenance, Monitoring, and Removal Costs; Program.

771.3e Release to attend work or school; electronic monitoring; order; payment of installation, maintenance, monitoring, and removal costs; program.
Sec. 3e.
(1) If the court permits an individual convicted of a felony to be released from jail under section 3 of this chapter for purposes of attending work or school, the court shall order the individual to wear an electronic monitoring device on his or her person that will provide a signal to the county sheriff through the use of the global positioning satellite system or by other means of the individual's movement and location at all times while he or she is on that release. The device shall be an ankle-worn device approved by the court that provides information to the county sheriff if it is tampered with or removed. The information provided by the electronic monitoring device shall be recorded and monitored by the county sheriff to ensure the individual's compliance with his or her work release requirements. The installation, maintenance, monitoring, and removal costs of the electronic monitoring device shall be paid for by the individual.
(2) This section applies only if the court has in place a program to provide for the electronic monitoring of individuals placed on probation that complies with the requirements of this section.
History:
Add. 2012, Act 610, Eff. Mar. 28, 2013
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-XI - Chapter XI Probation (771.1...771.24) › Section 771.3f - Electronic Monitoring Device; Removal, Destruction, or Circumvention Prohibited; Interference With Signal, Impulse, or Data Prohibited; Exceptions; Violation as Felony; Penalties; "Electronic Monitoring Device" Defined.

771.3f Electronic monitoring device; removal, destruction, or circumvention prohibited; interference with signal, impulse, or data prohibited; exceptions; violation as felony; penalties; "electronic monitoring device" defined.
Sec. 3f.
(1) A person shall not knowingly and without authority remove, destroy, or circumvent the operation of an electronic monitoring device or knowingly interfere with a signal, impulse, or data that is being transmitted by or stored within an electronic monitoring device worn or otherwise used by an individual as a condition for any of the following:
(a) Work release or house arrest.
(b) Bond or other pretrial release.
(c) Probation.
(d) Parole.
(e) Postrelease supervision or postconviction bond.
(f) Release under section 3e.
(2) A person shall not knowingly and without authority request or solicit any other person to remove, destroy, or circumvent the operation of an electronic monitoring device or knowingly interfere with a signal, impulse, or data that is being transmitted by or stored within an electronic monitoring device worn or otherwise used by an individual as described in subsection (1).
(3) Subsections (1) and (2) do not apply to either of the following:
(a) The owner of the electronic monitoring device or his or her agent while performing proper maintenance and repairs on that device.
(b) A person who removes the electronic monitoring device at the direction of a physician due to an immediate medical necessity.
(4) A person who violates this section is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $4,000.00, or both.
(5) As used in this section, "electronic monitoring device" includes any electronic device or instrument that is used to track the location of a person or detect the presence of alcohol.
History:
Add. 2012, Act 612, Eff. Mar. 1, 2013
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-XI - Chapter XI Probation (771.1...771.24) › Section 771.3h - Compassionate Release; Eligibility; Notification to Court by County Sheriff; Amended Judgment of Sentence; Conditions; Expenses; Reimbursement.

771.3h Compassionate release; eligibility; notification to court by county sheriff; amended judgment of sentence; conditions; expenses; reimbursement.
Sec. 3h.
(1) A county sheriff may notify the court in writing that a prisoner may be eligible for compassionate release if the county sheriff has consulted with a physician and the physician determined that the prisoner has a life expectancy of not more than 6 months. The notification must be accompanied with the evidence the physician considered in making the determination regarding the prisoner's life expectancy.
(2) Subject to subsection (3), a court may grant compassionate release to a prisoner if the court finds that the prisoner has a life expectancy of not more than 6 months and that the release of the prisoner would not reasonably pose a threat to public safety or the prisoner. If a court grants a prisoner compassionate release, the court shall enter an amended judgment of sentence specifying that the prisoner is released from the term of imprisonment imposed for the offense for which the prisoner was originally convicted.
(3) A court shall not grant a prisoner compassionate release unless all of the following apply:
(a) A placement option has been secured for the prisoner in the community. A placement option may include, but is not limited to, placement in the prisoner's home or a medical facility.
(b) The sheriff has made a reasonable effort to determine whether expenses related to the prisoner's placement secured under subdivision (a) are covered by Medicaid, a health care policy, a certificate of insurance, or another source for the payment of medical expenses or whether the prisoner has sufficient income or assets to pay for expenses related to the placement.
(c) The court conducted a public hearing in which the prosecuting attorney of the county and each victim who requests notice in the manner provided in the William Van Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.751 to 780.834, are provided adequate notice of the hearing and an opportunity to be heard during the hearing.
(4) If a court's grant of compassionate release to a prisoner results in expenses incurred by the county that are not covered by a payment source identified under subsection (3)(b), to the extent permitted under applicable law, the county may seek reimbursement for those expenses.
History:
Add. 2018, Act 149, Eff. Aug. 14, 2018
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-XI - Chapter XI Probation (771.1...771.24) › Section 771.4 - Legislative Intent; Revocation of Probation; Procedure; Sentence; Section Inapplicable to Certain Juveniles.

771.4 Legislative intent; revocation of probation; procedure; sentence; section inapplicable to certain juveniles.
Sec. 4.
(1) It is the intent of the legislature that the granting of probation is a matter of grace requiring the agreement of the probationer to its granting and continuance.
(2) All probation orders are revocable subject to the requirements of section 4b of this chapter, but revocation of probation, and subsequent incarceration, should be imposed only for repeated technical violations, for new criminal behavior, as otherwise allowed in section 4b of this chapter, or upon request of the probationer. Hearings on the revocation must be summary and informal and not subject to the rules of evidence or of pleadings applicable in criminal trials.
(3) In its probation order or by general rule, the court may provide for the apprehension, detention, and confinement of a probationer accused of violating a probation condition.
(4) The method of hearing and presentation of charges are within the court's discretion, except that the probationer is entitled to a written copy of the charges constituting the claim that he or she violated probation and to a probation revocation hearing.
(5) Subject to the requirements of section 4b of this chapter, the court may investigate and enter a disposition of the probationer as the court determines best serves the public interest. If a probation order is revoked, the court may sentence the probationer in the same manner and to the same penalty as the court might have done if the probation order had never been made.
(6) This section does not apply to a juvenile placed on probation and committed under section 1(3) or (4) of chapter IX to an institution or agency described in the youth rehabilitation services act, 1974 PA 150, MCL 803.301 to 803.309.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17374 ;-- Am. 1947, Act 246, Imd. Eff. June 20, 1947 ;-- CL 1948, 771.4 ;-- Am. 1988, Act 78, Eff. Oct. 1, 1988 ;-- Am. 1998, Act 520, Imd. Eff. Jan. 12, 1999 ;-- Am. 2020, Act 397, Eff. Apr. 1, 2021
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.”
Former Law:
See section 4 of Act 105 of 1913, being CL 1915, § 2032; and Act 203 of 1925.
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-XI - Chapter XI Probation (771.1...771.24) › Section 771.4a - Violation of Sex Offenders Registration Act; Probation Revocation.

771.4a Violation of sex offenders registration act; probation revocation.
Sec. 4a.
The court shall revoke probation pursuant to section 4 of this chapter if the individual willfully violates the sex offenders registration act.
History:
Add. 1994, Act 286, Eff. Oct. 1, 1995
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-XI - Chapter XI Probation (771.1...771.24) › Section 771.5 - Termination of Probation Period; Report; Discharge of Probationer From Supervision; Suspension of Sentence; Extension of Probation; Section Inapplicable to Certain Juveniles.

771.5 Termination of probation period; report; discharge of probationer from supervision; suspension of sentence; extension of probation; section inapplicable to certain juveniles.
Sec. 5.
(1) When the probation period terminates, the probation officer shall report that fact and the probationer's conduct during the probation period to the court. Upon receiving the report, the court may discharge the probationer from further supervision and enter a judgment of suspended sentence or extend the probation period as the circumstances require, so long as the maximum probation period is not exceeded.
(2) This section does not apply to a juvenile placed on probation and committed under section 1(3) or (4) of chapter IX to an institution or agency described in the youth rehabilitation services act, 1974 PA 150, MCL 803.301 to 803.309.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17375 ;-- CL 1948, 771.5 ;-- 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.”
Former Law:
See section 5 of Act 105 of 1913, being CL 1915, § 2033.
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-XI - Chapter XI Probation (771.1...771.24) › Section 771.6 - Probation; Record of Discharge.

771.6 Probation; record of discharge.
Sec. 6.
When a probationer is discharged upon the expiration of the probation period, or upon its earlier termination by order of the court, entry of the discharge shall be made in the records of the court, and the probationer shall be entitled to a certified copy thereof.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17376 ;-- CL 1948, 771.6
Former Law:
See section 6 of Act 105 of 1913, being CL 1915, § 2034.
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-XI - Chapter XI Probation (771.1...771.24) › Section 771.7 - Revoking Probation of Juvenile for Conviction of Felony or Misdemeanor; Commitment of Juvenile to Department of Corrections; Violation of Probation; Order.

771.7 Revoking probation of juvenile for conviction of felony or misdemeanor; commitment of juvenile to department of corrections; violation of probation; order.
Sec. 7.
(1) If the court finds that a juvenile placed on probation and committed under section 1(3) or (4) of chapter IX to an institution or agency described in the youth rehabilitation services act, 1974 PA 150, MCL 803.301 to 803.309, violated probation by being convicted of a felony or a misdemeanor punishable by imprisonment for more than 1 year, the court shall revoke probation and order the juvenile committed to the department of corrections for a term of years that does not exceed the penalty that could have been imposed for the offense for which the juvenile was originally convicted and placed on probation. The court shall grant credit against the sentence for the period of time the juvenile served on probation.
(2) If the court finds that a juvenile placed on probation and committed under section 1(3) or (4) of chapter IX to an institution or agency described in the youth rehabilitation services act, 1974 PA 150, MCL 803.301 to 803.309, violated probation other than as provided in subsection (1), the court may order the juvenile committed to the department of corrections or may order any of the following for the juvenile:
(a) A change of placement.
(b) Community service.
(c) Substance abuse counseling.
(d) Mental health counseling.
(e) Participation in a vocational-technical education program.
(f) Incarceration in a county jail for not more than 30 days. If a juvenile is under 17 years of age, the juvenile shall be placed in a room or ward out of sight and sound from adult prisoners.
(g) Other participation or performance as the court considers necessary.
History:
Add. 1988, Act 78, Eff. Oct. 1, 1988 ;-- Am. 1993, Act 343, Eff. May 1, 1994 ;-- Am. 1996, Act 247, Eff. Jan. 1, 1997 ;-- Am. 1998, Act 520, Imd. Eff. Jan. 12, 1999
Compiler's Notes:
Former MCL 771.7, which pertained to discharge of accused, was repealed by Act 81 of 1979, Eff. Dec. 31, 1979.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-XI - Chapter XI Probation (771.1...771.24) › Section 771.8-771.13 - Repealed. 1979, Act 81, Eff. Dec. 31, 1979.

771.8-771.13 Repealed. 1979, Act 81, Eff. Dec. 31, 1979.
Compiler's Notes:
The repealed sections pertained to payment of costs, appeal to circuit court, discharge of person, and recognizance.
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-XI - Chapter XI Probation (771.1...771.24) › Section 771.15-771.24 - Repealed. 1979, Act 81, Eff. Dec. 31, 1979.

771.15-771.24 Repealed. 1979, Act 81, Eff. Dec. 31, 1979.
Compiler's Notes:
The repealed sections pertained to probation officers.
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-XIA - Chapter Xia Probation Swift and Sure Sanctions Act (771a.1...771a.8) › Section 771A.1 - Chapter Short Title.

771A.1 Chapter short title.
Sec. 1.
This chapter shall be known and may be cited as the "probation swift and sure sanctions act".
History:
Add. 2012, Act 616, Imd. Eff. Jan. 9, 2013
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-XIA - Chapter Xia Probation Swift and Sure Sanctions Act (771a.1...771a.8) › Section 771A.2 - Definitions.

771A.2 Definitions.
Sec. 2.
As used in this chapter:
(a) "Circuit court" includes a unified trial court having jurisdiction over probationers.
(b) "Probationer" means an individual placed on probation for committing a felony.
History:
Add. 2012, Act 616, Imd. Eff. Jan. 9, 2013
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-XIA - Chapter Xia Probation Swift and Sure Sanctions Act (771a.1...771a.8) › Section 771A.3 - State Swift and Sure Sanctions Program; Intent to Create; Implementation.

771A.3 State swift and sure sanctions program; intent to create; implementation.
Sec. 3.
It is the intent of the legislature to create a voluntary state program to fund swift and sure probation supervision based on the immediate detection of probation violations and the prompt imposition of sanctions and remedies to address those violations. In furtherance of this intent, the state swift and sure sanctions program must be implemented and maintained as provided in this chapter as follows:
(a) Probationers are to be sentenced with prescribed terms of probation meeting the objectives of this chapter. Probationers are to be aware of their probation terms as well as the consequences for violating the terms of their probation.
(b) Probationers are to be closely monitored and every detected violation is to be promptly addressed by the court.
(c) Probationers are to be arrested as soon as a violation has been detected and are to be promptly taken before a judge for a hearing on the violation.
(d) Continued violations are to be addressed by increasing sanctions and remedies as necessary to achieve results.
(e) To the extent possible and considering local resources, probationers subject to swift and sure probation under this chapter shall be treated uniformly throughout this state.
History:
Add. 2012, Act 616, Imd. Eff. Jan. 9, 2013 ;-- Am. 2017, Act 17, Eff. June 29, 2017
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-XIA - Chapter Xia Probation Swift and Sure Sanctions Act (771a.1...771a.8) › Section 771A.4 - Swift and Sure Probation Supervision Fund; Creation; Investment; Interest and Earnings; Money Remaining at Close of Fiscal Year; Allocation and Expenditure of Funds; Grants; Participants From Other Jurisdiction; Basis; Validity of Transfer.

771A.4 Swift and sure probation supervision fund; creation; investment; interest and earnings; money remaining at close of fiscal year; allocation and expenditure of funds; grants; participants from other jurisdiction; basis; validity of transfer.
Sec. 4.
(1) The swift and sure probation supervision fund is created within the state treasury. The state treasurer may receive money or other assets from any source for deposit into the fund. The state treasurer shall direct the investment of the fund. The state treasurer shall credit to the fund interest and earnings from fund investments. Money in the fund at the close of the fiscal year shall remain in the fund and shall not lapse to the general fund.
(2) The state treasurer shall allocate sufficient funds to allow the state court administrative office to, under the supervision of the supreme court, expend funds from the swift and sure probation supervision fund to administer this chapter and to provide grants under this chapter to fund programs of swift and sure probation supervision in the circuit court that meet the objectives set forth in section 3 of this chapter and the requirements of section 5 of this chapter.
(3) A court may apply for a grant to fund a program of swift and sure probation supervision under this chapter by filing a written application with the state court administrative office in the manner required by that office. The funding of all grants under this chapter is subject to appropriation.
(4) A court that has received a grant under this chapter to fund programs of swift and sure probation supervision may accept participants from any other jurisdiction in this state based upon either the residence of the participant in the receiving jurisdiction or the unavailability of a swift and sure probation supervision program in the jurisdiction where the participant is charged. The transfer may occur at any time during the proceedings, including, but not limited to, prior to adjudication. The receiving court shall have jurisdiction to impose sentence, including, but not limited to, sanctions, incentives, incarceration, and phase changes. A transfer under this subsection is not valid unless it is agreed to by all of the following individuals:
(a) The defendant or respondent in writing.
(b) The attorney representing the defendant or respondent.
(c) The judge of the transferring court and the prosecutor of the case.
(d) The judge of the receiving court and the prosecutor of the receiving court funding unit.
History:
Add. 2012, Act 616, Imd. Eff. Jan. 9, 2013 ;-- Am. 2017, Act 17, Eff. June 29, 2017
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-XIA - Chapter Xia Probation Swift and Sure Sanctions Act (771a.1...771a.8) › Section 771A.5 - Duties of Judge; Powers of State Court Administrative Office.

771A.5 Duties of judge; powers of state court administrative office.
Sec. 5.
(1) A judge shall do all of the following if swift and sure probation applies to a probationer:
(a) Inform the probationer in person of the requirements of his or her probation and the sanctions and remedies that may apply to probation violations.
(b) Adhere to and not depart from the prescribed list of sanctions and remedies imposed on the probationer.
(c) Require the probationer to initially meet in person with a probation agent or probation officer and as otherwise required by the court.
(d) Provide for an appearance before the judge or another judge for any probation violation as soon as possible but within 72 hours after the violation is reported to the court unless a departure from the 72-hour requirement is authorized for good cause as determined by criteria established by the state court administrative office.
(e) Provide for the immediate imposition of sanctions and remedies approved by the state court administrative office to effectively address probation violations. The sanctions and remedies approved under this subdivision may include, but are not limited to, 1 or more of the following:
(i) Temporary incarceration in a jail or other facility authorized by law to hold probation violators.
(ii) Extension of the period of supervision within the period provided by law.
(iii) Additional reporting and compliance requirements.
(iv) Testing for the use of drugs and alcohol.
(v) Counseling and treatment for emotional or other mental health problems, including for substance abuse.
(vi) Probation revocation.
(vii) Any other sanction approved by the state court administrative office.
(2) The state court administrative office may, under the supervision of the supreme court, do any of the following regarding programs funded under this chapter:
(a) Establish general eligibility requirements for offender participation.
(b) Require courts and offenders to enter into written participation agreements.
(c) Create recommended and mandatory sanctions and remedies for use by participating courts.
(d) Establish criteria for deviating from recommended and mandatory sanctions and remedies if necessary to address special circumstances.
(e) Establish a system for determining sanctions and remedies that should or may be imposed under subdivision (c) and for alternative sanctions and remedies under subdivision (d).
History:
Add. 2012, Act 616, Imd. Eff. Jan. 9, 2013 ;-- Am. 2017, Act 17, Eff. June 29, 2017