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1 chapters · 624 sections in this title.
Mich. Comp. Laws § 768.7 Jurisdiction over cases arising under MCL 768.6; proceedings; examination; warrant; custody of person confined; applicability of section and MCL 768.6.
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Sec. 7. The circuit court for the county in which the prison or institution named in the preceding section is, shall have jurisdiction over cases arising under the foregoing section, and the proceedings thereto pertaining shall in all ways conform to the law and rules in cases of…
Mich. Comp. Laws § 768.7a Commission of crime during incarceration in or escape from penal or reformatory institution; felony committed while on parole; term of imprisonment; supplementary powers conferred upon court.
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Sec. 7a. (1) A person who is incarcerated in a penal or reformatory institution in this state, or who escapes from such an institution, and who commits a crime during that incarceration or escape which is punishable by imprisonment in a penal or reformatory institution in this st…
Mich. Comp. Laws § 768.7b Commission of subsequent felony by person charged with felony; consecutive sentences; report.
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Sec. 7b. (1) Beginning April 1, 1988, and through December 31, 1991, if a person who has been charged with a felony, pending the disposition of the charge, commits a subsequent offense that is a felony, upon conviction of the subsequent offense or acceptance of a plea of guilty, …
Mich. Comp. Laws § 768.8 Issues of fact to be tried by jury; waiver of trial by jury.
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Sec. 8. Issues of fact shall be tried by a jury drawn, returned, examined on voir dire, and empaneled in the manner provided by law for the trial of issues of fact in civil cases. The accused may waive any trial by jury in the manner set forth in section 3 of chapter III.
Mich. Comp. Laws § 768.9 Challenge to juror for cause; membership on grand jury.
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Sec. 9. No member of the grand jury which has found an indictment shall be put upon the jury for the trial of such indictment, if challenged for that cause by the defendant.
Mich. Comp. Laws § 769.1 Authority and power of court; crimes for which juvenile to be sentenced as adult; fingerprints as condition to sentencing; hearing at juvenile's sentencing; determination; criteria; waiver; violation of MCL 333.7403; statement on record; transcript; notice; order directed to person responsible for juvenile's support; hearing; copy of order; retention of jurisdiction over juvenile; annual review; examination of juvenile's annual report; forwarding report.
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Sec. 1. (1) A judge of a court having jurisdiction may pronounce judgment against and pass sentence upon a person convicted of an offense in that court. The sentence must not exceed the sentence prescribed by law. The court shall sentence a juvenile convicted of any of the follow…
Mich. Comp. Laws § 769.10 Punishment for subsequent felony; sentence imposed for term of years considered indeterminate sentence; use of conviction to enhance sentence prohibited.
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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 felo…
Mich. Comp. Laws § 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.
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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 per…
Mich. Comp. Laws § 769.11a Void sentence; trial judge to credit time served.
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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 earlie…
Mich. Comp. Laws § 769.11b Credit time served prior to sentence; lack of bond.
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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 specifica…
Mich. Comp. Laws § 769.12 Punishment for subsequent felony following conviction of 3 or more felonies; sentence for term of years considered indeterminate sentence; use of conviction to enhance sentence prohibited; eligibility for parole; provisions not in derogation of consecutive sentence; definitions.
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Sec. 12. (1) If a person has been convicted of any combination of 3 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 per…
Mich. Comp. Laws § 769.13 Notice of intent to seek enhanced sentence; filing by prosecuting attorney; challenge to accuracy or constitutional validity; evidence of existence of prior conviction; determination by court; burden of proof.
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Sec. 13. (1) In a criminal action, the prosecuting attorney may seek to enhance the sentence of the defendant as provided under section 10, 11, or 12 of this chapter, by filing a written notice of his or her intent to do so within 21 days after the defendant's arraignment on the …
Mich. Comp. Laws § 769.14 Review of sentence of prisoner or parolee; application; rights of prisoner.
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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…
Mich. Comp. Laws § 769.16 Clerk of court and sheriff; duty in executing sentence; fine or imprisonment in county jail; transcript.
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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 m…
Mich. Comp. Laws § 769.16a Report by clerk of final disposition to department of state police; forms; fingerprints; reporting conviction; report of vacated judgment; entry of disposition into database.
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Sec. 16a. (1) Except as otherwise provided in subsection (3), upon final disposition of an original charge against a person of a felony or a misdemeanor for which the maximum possible penalty exceeds 92 days' imprisonment or a local ordinance for which the maximum possible penalt…
Mich. Comp. Laws § 769.16b Finding of not guilty by reason of insanity; entering order into Law Enforcement Information Network.
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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 sta…
Mich. Comp. Laws § 769.17 Clerk of court and sheriff; duty in executing sentence; imprisonment in state prison; warrant, abstract of conviction.
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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…
Mich. Comp. Laws § 769.18 Record after sentence of imprisonment; duty of clerk; contents, forwarding, fee.
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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 t…
Mich. Comp. Laws § 769.1a Order of restitution.
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Sec. 1a. (1) As used in this section: (a) "Crime victim services commission" means that term as described in section 2 of 1976 PA 223, MCL 18.352. (b) "Victim" means an individual who suffers direct or threatened physical, financial, or emotional harm as a result of the commissio…
Mich. Comp. Laws § 769.1b Review hearing for juvenile placed on probation and committed; determination; considerations; time of review hearing; notice; legal counsel; costs; commitment reports; final review; imposition of sentence for adult offender; notice; cost of appointed counsel; credit for time served.
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Sec. 1b. (1) If a juvenile is placed on probation and committed under section 1(3) or (4) of this chapter to an institution or agency described in the youth rehabilitation services act, 1974 PA 150, MCL 803.301 to 803.309, the court shall conduct a review hearing to determine whe…
Mich. Comp. Laws § 769.1c Psychiatrist; definition; aid from state hospitals.
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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' f…
Mich. Comp. Laws § 769.1d Expense of confinement in state institutions.
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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 e…
Mich. Comp. Laws § 769.1e Violations of criminal law; licensing sanctions; report of finding to secretary of state; "license" defined.
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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 …
Mich. Comp. Laws § 769.1f Expenses for which court may order person convicted to reimburse state or local unit of government; payment; reimbursement as condition of probation or parole; enforcement of order; failure to make order reimbursement; definitions.
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Sec. 1f. (1) As part of the sentence for a conviction of any of the following offenses, in addition to any other penalty authorized by law, the court may order the person convicted to reimburse the state or a local unit of government for expenses incurred in relation to that inci…
Mich. Comp. Laws § 769.1g Offense relating to riot, incitement to riot, unlawful assembly or civil disorder within public community college, college, or university campus.
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Sec. 1g. (1) As part of the sentence for a conviction for any offense that the court determines was directly related to a riot, incitement to riot, unlawful assembly or civil disorder on or within 2,500 feet of a public community college, public college, or public university camp…
Mich. Comp. Laws § 769.1h Consecutive or concurrent sentence.
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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) Upo…
Mich. Comp. Laws § 769.1j Court ordered fine, costs, or assessments; minimum amounts; definitions.
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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 th…
Mich. Comp. Laws § 769.1k Imposition of fine, cost, or assessment; availability of information to defendant; reports; nonpayment of costs.
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Sec. 1k. (1) If a defendant enters a plea of guilty or nolo contendere or if the court determines after a hearing or trial that the defendant is guilty, both of the following apply at the time of the sentencing or at the time entry of judgment of guilt is deferred by statute or s…
Mich. Comp. Laws § 769.1l Order of restitution; deduction; payment to court; priority.
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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…
Mich. Comp. Laws § 769.24 Excessive sentence; validity.
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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 …
Mich. Comp. Laws § 769.25 Criminal defendant less than 18 years; circumstances; imprisonment for life without possibility of parole; violations; motion; response; hearing; record; sentence.
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Sec. 25. (1) This section applies to a criminal defendant who was less than 18 years of age at the time he or she committed an offense described in subsection (2) if either of the following circumstances exists: (a) The defendant is convicted of the offense on or after the effect…
Mich. Comp. Laws § 769.25a Case as final on or before June 24, 2012; effect of state supreme court or United States supreme court decision; procedures; resentencing hearings; priority; credit for time served.
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Sec. 25a. (1) Except as otherwise provided in subsections (2) and (3), the procedures set forth in section 25 of this chapter do not apply to any case that is final for purposes of appeal on or before June 24, 2012. A case is final for purposes of appeal under this section if any…
Mich. Comp. Laws § 769.26 Error in pleading or procedure; effect.
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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 pr…
Mich. Comp. Laws § 769.27 Change of sentence by court; notice to prosecuting attorney, defendant, and defendant's counsel; objection; hearing.
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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 defe…
Mich. Comp. Laws § 769.28 Commitment or sentence for maximum of 1 year; place; section inapplicable to certain juveniles.
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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…
Mich. Comp. Laws § 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.
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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, 520…
Mich. Comp. Laws § 769.3 Conditional sentence; payment of fine; probation.
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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…
Mich. Comp. Laws § 769.31 Definitions.
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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 o…
Mich. Comp. Laws § 769.34 Sentencing guidelines; duties of court.
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Sec. 34. (1) The sentencing guidelines promulgated by order of the Michigan supreme court do not apply to felonies enumerated in part 2 of chapter XVII committed on or after January 1, 1999. (2) Except as otherwise provided in this subsection or for a departure from the appropria…
Mich. Comp. Laws § 769.34a Michigan sentencing commission; appointment of members; terms of members.
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Sec. 34a. (1) The Michigan sentencing commission is created in the legislative council. The legislative council shall provide the commission with suitable office space, staff, and necessary equipment. The commission consists of the chairperson appointed by the governor under subs…
Mich. Comp. Laws § 769.34b Michigan sentencing commission; duties; report.
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Sec. 34b. (1) The Michigan sentencing commission shall do all of the following: (a) Collect, prepare, analyze, and disseminate information regarding state and local sentencing and release policies. (b) Conduct ongoing research regarding the effectiveness of the sentencing guideli…
Mich. Comp. Laws § 769.35 Jail reimbursement program; operation; criteria.
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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 d…
Mich. Comp. Laws § 769.36 Deaths arising out of same criminal transaction; crimes to which person may be charged and convicted; consecutive terms; definitions.
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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) …
Mich. Comp. Laws § 769.4 Conditional sentence; execution.
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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, …
Mich. Comp. Laws § 769.4a Assault on spouse, former spouse, individual with child in common, dating relationship, or household resident; plea or finding of guilty; deferral of proceedings; order of probation; previous convictions; adjudication of guilt upon violation of probation; mandatory counseling program; costs; circumstances for entering adjudication of guilt; discharge and dismissal; limitation; court proceedings open to public; retention of nonpublic record by department of state police; definitions.
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Sec. 4a. (1) When an individual who has not been convicted previously of an assaultive crime pleads guilty to, or is found guilty of, a violation of section 81 or 81a of the Michigan penal code, 1931 PA 328, MCL 750.81 and 750.81a, and the victim of the assault is the offender's …
Mich. Comp. Laws § 769.5 Alternative or combined penalties; power of court; rebuttable presumption; reasonable grounds for departure; show cause order; contempt order.
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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 puni…
Mich. Comp. Laws § 769.6 Recognizance to keep peace; court option.
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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 r…
Mich. Comp. Laws § 769.7 Recognizance to keep peace; breach of condition; procedure.
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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.
Mich. Comp. Laws § 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.
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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, …
Mich. Comp. Laws § 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.
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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 discr…