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1 chapters · 624 sections in this title.
Mich. Comp. Laws § 770.1 Granting new trial to defendant.
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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 dir…
Mich. Comp. Laws § 770.12 Appeal by people; right of defendant to bail upon appeal; provisions governing section.
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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 …
Mich. Comp. Laws § 770.16 DNA testing; petition; filing; availability of biological material; court order; findings; costs; results; granting or denying request for new trial; notice of petition to victim; preservation of biological material identified.
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Sec. 16. (1) Notwithstanding the limitations of section 2 of this chapter, a defendant convicted of a felony at trial before January 8, 2001 who is serving a prison sentence for the felony conviction may petition the circuit court to order DNA testing of biological material ident…
Mich. Comp. Laws § 770.2 Motion for new trial.
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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 misde…
Mich. Comp. Laws § 770.3 Appeal by aggrieved party.
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Sec. 3. (1) Subject to the limitations imposed by section 12 of this chapter and except as provided in section 16, an aggrieved party shall have a right of appeal from a final judgment or trial order as follows: (a) Except as otherwise provided in subdivision (d), in a felony or …
Mich. Comp. Laws § 770.8 Bail between trial court judgment and decision of appellate court.
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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 c…
Mich. Comp. Laws § 770.9 Bail during pendency of appeal or application for leave to appeal.
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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…
Mich. Comp. Laws § 770.9a Detention and denial of bail where defendant convicted of assaultive crime; “assaultive crime” defined; expediting appeal or application for leave to appeal.
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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…
Mich. Comp. Laws § 770.9b Detention and denial of bail where defendant convicted of sexual assault of minor; definitions.
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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 leav…
Mich. Comp. Laws § 771.1 Requirements for probation; delayed sentence; fee; applicability of section to certain juveniles; waiver of fee; "electronic monitoring device" defined.
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Sec. 1. (1) In all prosecutions for felonies, misdemeanors, or ordinance violations other than murder, treason, criminal sexual conduct in the first or third degree, armed robbery, or major controlled substance offenses, if the defendant has been found guilty upon verdict or plea…
Mich. Comp. Laws § 771.14 Presentence investigation report; contents; information related to victim prohibited from inclusion; information exempted from disclosure; amendment or alteration; review of report; challenge; findings; copies.
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Sec. 14. (1) Before the court sentences a person charged with a felony or a person who is a licensee or registrant under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838, as described in section 1(14) of chapter IX, and, if directed by the court, in a…
Mich. Comp. Laws § 771.14a Inquiry and report before sentencing juvenile; disclosures; exemptions; review of report; challenges or responses to challenges; finding; amendment of report; copy of report and attachments; report additional to presentence investigation report.
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Sec. 14a. (1) Before the court sentences a juvenile under section 1(3) or (4) of chapter IX, the family independence agency or county juvenile agency, as applicable, shall inquire into the juvenile's antecedents, character, and circumstances and shall report in writing to the cou…
Mich. Comp. Laws § 771.2 Probation period; extension; eligibility and requirements for early discharge; hearing; reduced probation; registration pursuant to sex offenders registration act; subsection (1) inapplicable to certain juveniles.
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Sec. 2. (1) Except as provided in section 2a of this chapter and section 36 of chapter VIII, if the defendant is convicted of an offense that is not a felony, the probation period must not exceed 2 years. Except as provided in section 2a of this chapter and section 36 of chapter …
Mich. Comp. Laws § 771.2a Probation for not more than 5 years; probation for term of years; order fixing period and conditions of probation; applicability of section to certain juveniles; probation for not less than 5 years; conditions; residing or working within school safety zone; exemption; definitions.
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Sec. 2a. (1) The court may place an individual convicted of violating section 411h of the Michigan penal code, 1931 PA 328, MCL 750.411h, on probation for not more than 5 years. The sentence is subject to the conditions of probation set forth in section 411h(3) of the Michigan pe…
Mich. Comp. Laws § 771.3 Probation; conditions; entry of order into LEIN; costs as part of sentence of probation; compliance as condition of probation; revocation of probation; fees in delayed or deferred entry of judgment or sentencing; individually tailored probation conditions.
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Sec. 3. (1) The sentence of probation must include all of the following conditions: (a) During the term of his or her probation, the probationer shall not violate any criminal law of this state, the United States, or another state or any ordinance of any municipality in this stat…
Mich. Comp. Laws § 771.3a Probation camp.
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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 mad…
Mich. Comp. Laws § 771.3b Special alternative incarceration program.
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Sec. 3b. (1) In addition to any other terms or conditions of probation provided for under this chapter, the court may require under a probation order that a person convicted of a crime, except a crime specified in subsection (17), for which a sentence in a state correctional faci…
Mich. Comp. Laws § 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.
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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 orde…
Mich. Comp. Laws § 771.3d Verification of employment or school enrollment; order of release contingent upon county sheriff approval; "school" defined.
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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…
Mich. Comp. Laws § 771.3e Release to attend work or school; electronic monitoring; order; payment of installation, maintenance, monitoring, and removal costs; program.
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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 pro…
Mich. Comp. Laws § 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.
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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 wor…
Mich. Comp. Laws § 771.3g Medical probation; eligibility; notification to court by county sheriff; order; expenses; reimbursement; reexamination as condition; revocation; definitions.
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Sec. 3g. (1) A county sheriff may notify the court in writing that a prisoner may be eligible for medical probation if the county sheriff has consulted with a physician and the physician determined either of the following: (a) The prisoner is physically or mentally incapacitated …
Mich. Comp. Laws § 771.3h Compassionate release; eligibility; notification to court by county sheriff; amended judgment of sentence; conditions; expenses; reimbursement.
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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 notific…
Mich. Comp. Laws § 771.4 Legislative intent; revocation of probation; procedure; sentence; section inapplicable to certain juveniles.
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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 re…
Mich. Comp. Laws § 771.4a Violation of sex offenders registration act; probation revocation.
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Sec. 4a. The court shall revoke probation pursuant to section 4 of this chapter if the individual willfully violates the sex offenders registration act.
Mich. Comp. Laws § 771.4b Technical probation violation; rebuttable presumption; summons or show cause order; definitions.
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Sec. 4b. (1) Except as otherwise provided in this section, a probationer who commits a technical probation violation and is sentenced to temporary incarceration may be incarcerated for each technical violation as follows: (a) For a technical violation committed by an individual w…
Mich. Comp. Laws § 771.5 Termination of probation period; report; discharge of probationer from supervision; suspension of sentence; extension of probation; section inapplicable to certain juveniles.
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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 …
Mich. Comp. Laws § 771.6 Probation; record of discharge.
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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.
Mich. Comp. Laws § 771.7 Revoking probation of juvenile for conviction of felony or misdemeanor; commitment of juvenile to department of corrections; violation of probation; order.
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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…
Mich. Comp. Laws § 771A.1 Chapter short title.
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Sec. 1. This chapter shall be known and may be cited as the "probation swift and sure sanctions act".
Mich. Comp. Laws § 771A.2 Definitions.
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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.
Mich. Comp. Laws § 771A.3 State swift and sure sanctions program; intent to create; implementation.
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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…
Mich. Comp. Laws § 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.
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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 …
Mich. Comp. Laws § 771A.5 Duties of judge; powers of state court administrative office.
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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 de…
Mich. Comp. Laws § 771A.6 Programming requirements; consultation; eligibility of individual; exceptions.
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Sec. 6. (1) The state court administrative office may, under the supervision of the supreme court, consult with the department of corrections to establish programming requirements under this chapter. (2) An individual is eligible for the swift and sure probation supervision progr…
Mich. Comp. Laws § 771A.7 Grant-funded programs; review; report.
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Sec. 7. The state court administrative office shall, under the supervision of the supreme court, review programs funded by grants under this chapter on an annual basis for effectiveness and for compliance with the requirements of this chapter. The state court administrative offic…
Mich. Comp. Laws § 771A.8 Audit.
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Sec. 8. Programs funded under this chapter shall be subject to audit by the state court administrative office.
Mich. Comp. Laws § 772.1 Power of district or municipal judge to cause laws for preservation of public peace to be kept; requiring security to keep peace.
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Sec. 1. A district or municipal judge may cause all the laws made for the preservation of the public peace to be kept and, in the execution of this authority, may require a person to give security to keep the peace in the manner provided in this chapter.
Mich. Comp. Laws § 772.10 Appellate court to affirm order, discharge appellant, or require appellant to enter into new recognizance; costs.
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Sec. 10. The circuit court or the recorder's court of the city of Detroit, before which the appeal is taken may affirm the order of the judge, discharge the appellant, or require the appellant to enter into a new recognizance with sufficient sureties in a sum and for a period not…
Mich. Comp. Laws § 772.11 Failure to prosecute appeal; effect on recognizance; costs; condition.
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Sec. 11. If a person appealing fails to prosecute the appeal, the person's recognizance shall remain in full force and effect without an affirmation of the judgment or order of the district or municipal court. The recognizance shall serve as a security for any costs that may be o…
Mich. Comp. Laws § 772.12 Discharge of person committed upon giving required security.
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Sec. 12. A person committed for not finding sureties, or for refusing to recognize, as required by the court may be discharged from custody by the judge who entered the order or any other judge from the same court and judicial district when the person gives the security required.
Mich. Comp. Laws § 772.13 Filing true copy of peace bond.
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Sec. 13. The clerk of the court shall file a true copy of a peace bond issued under this chapter with the law enforcement agency or agencies having jurisdiction of the area in which the complainant resides or works.
Mich. Comp. Laws § 772.13a Violation of recognizance; arrest by peace officer.
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Sec. 13a. If a peace officer has reason to believe that the conditions of a recognizance required under this chapter are being violated in his or her presence or were violated, the peace officer shall arrest the person and hold him or her for presentation to the court on the next…
Mich. Comp. Laws § 772.13b Violation of peace bond; order to appear; warrant; hearing.
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Sec. 13b. If the court is presented with allegations that the person violated 1 or more conditions of a peace bond, the court may issue an order directing the person to appear before the court on a date certain within 7 days or may issue a warrant. If the person fails to appear a…
Mich. Comp. Laws § 772.14 Forfeiture of recognizance; remission of part of penalty; petition.
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Sec. 14. If the court finds by admission or after a hearing that the conditions of the recognizance were violated, the court shall order the recognizance forfeited. The court may also require an additional recognizance with sufficient sureties to secure the peace. If the person f…
Mich. Comp. Laws § 772.14a Noncompliance with order; contempt; penalty.
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Sec. 14a. In addition to forfeiting the bond, a person who is required by an order issued under this chapter to keep the peace toward a spouse, former spouse, person with whom he or she has had a child in common, or person residing or having resided in the same household and who …
Mich. Comp. Laws § 772.15 Surrender of principal by surety.
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Sec. 15. A surety in a recognizance to keep the peace has the same authority and right to take and surrender the principal as in other criminal cases. Upon the surrender the surety shall be discharged and exempt from all liability for an act of the principal subsequent to the sur…
Mich. Comp. Laws § 772.2 Complaint; examination of complainant and witnesses.
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Sec. 2. If a complaint is made in writing and on oath to the district court or a municipal court that a person has threatened to commit an offense against the person or property of another, the judge shall examine on oath the complainant and any witnesses who may be produced.
Mich. Comp. Laws § 772.3 Warrant; issuance.
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Sec. 3. If the judge determines from the examination that there is just reason to believe the person will commit an offense described in section 2 of this chapter, the judge may enter an order directing the person to appear on a date certain within 7 days. If the person fails to …
Mich. Comp. Laws § 772.4 Trial by jury or before court without jury; conduct of trial and selection of jury; recognizance to keep peace; special verdict.
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Sec. 4. (1) If a person is brought before the court by a complaint made under section 2 of this chapter and does not consent to post a recognizance, the court shall conduct a trial and shall determine if a recognizance is required. The person has a right to a trial by jury. The p…