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Michigan Compiled Laws Complete Through PA 357 & includes Initiated Law 1 of 2018

Senate: Adjourned until Thursday, December 13, 2018 10:00:00 AM

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175-1927-IX
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THE CODE OF CRIMINAL PROCEDURE (EXCERPT)
Act 175 of 1927
Chapter IX
JUDGMENT AND SENTENCE

DocumentTypeDescription
Section 769.1SectionAuthority 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; reimbursement provision in order of commitment; disposition of collections; order to intercept tax refunds and initiate offset proceedings; 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.
Section 769.1aSectionOrder of restitution.
Section 769.1bSectionReview 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.
Section 769.1cSectionPsychiatrist; definition; aid from state hospitals.
Section 769.1dSectionExpense of confinement in state institutions.
Section 769.1eSectionViolations of criminal law; licensing sanctions; report of finding to secretary of state; “license” defined.
Section 769.1fSectionExpenses 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.
Section 769.1gSectionOffense relating to riot, incitement to riot, unlawful assembly or civil disorder within public community college, college, or university campus.
Section 769.1hSectionConsecutive or concurrent sentence.
Section 769.1jSectionCourt ordered fine, costs, or assessments; minimum amounts; definitions.
Section 769.1kSectionImposition of fine, cost, or assessment; availability of information to defendant; reports; nonpayment of costs.
Section 769.1lSectionOrder of restitution; deduction; payment to court; priority.
Section 769.2SectionRepealed. 2015, Act 216, Eff. Mar. 14, 2016.
Section 769.2aSectionPersons 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.
Section 769.3SectionConditional sentence; payment of fine; probation.
Section 769.4SectionConditional sentence; execution.
Section 769.4aSectionAssault 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.
Section 769.5SectionAlternative or combined penalties; power of court.
Section 769.6SectionRecognizance to keep peace; court option.
Section 769.7SectionRecognizance to keep peace; breach of condition; procedure.
Section 769.8SectionDefinite term prohibited for conviction for first time for felony; fixing minimum term; stating maximum term; examination of convict; entering facts in minutes of court.
Section 769.9SectionIndeterminate 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.
Section 769.10SectionPunishment for subsequent felony; sentence imposed for term of years considered indeterminate sentence; use of conviction to enhance sentence prohibited.
Section 769.11SectionPunishment 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.
Section 769.11aSectionVoid sentence; trial judge to credit time served.
Section 769.11bSectionCredit time served prior to sentence; lack of bond.
Section 769.12SectionPunishment 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.
Section 769.13SectionNotice 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.
Section 769.14SectionReview of sentence of prisoner or parolee; application; rights of prisoner.
Section 769.16SectionClerk of court and sheriff; duty in executing sentence; fine or imprisonment in county jail; transcript.
Section 769.16aSectionReport by clerk of final disposition to department of state police; forms; fingerprints; reporting conviction; report of vacated judgment; entry of disposition into database.
Section 769.16bSectionFinding of not guilty by reason of insanity; entering order into Law Enforcement Information Network.
Section 769.17SectionClerk of court and sheriff; duty in executing sentence; imprisonment in state prison; warrant, abstract of conviction.
Section 769.18SectionRecord after sentence of imprisonment; duty of clerk; contents, forwarding, fee.
Section 769.19-769.23SectionRepealed. 1972, Act 179, Imd. Eff. June 16, 1972.
Section 769.24SectionExcessive sentence; validity.
Section 769.25SectionCriminal defendant less than 18 years; circumstances; imprisonment for life without possibility of parole; violations; motion; response; hearing; record; sentence.
Section 769.25aSectionCase 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.
Section 769.26SectionError in pleading or procedure; effect.
Section 769.27SectionChange of sentence by court; notice to prosecuting attorney, defendant, and defendant's counsel; objection; hearing.
Section 769.28SectionCommitment or sentence for maximum of 1 year; place; section inapplicable to certain juveniles.
Section 769.31SectionDefinitions.
Section 769.32, 769.33SectionRepealed. 2002, Act 31, Eff. Apr. 1, 2002.
Section 769.32aSectionCriminal justice policy commission; creation; appointment; membership; chairperson; terms; vacancy; salary; expenses; subcommittees; conduct of business at public meetings; quorum; writing available to public; office space, staff, and equipment.
Section 769.33aSectionCriminal justice policy commission; duties; prison and jail impact report; recommended intermediate sanctions; recommended modifications to law, administrative rule, policy, or sentencing guidelines; repeal of section and MCL 769.32a.
Section 769.34SectionSentencing guidelines; duties of court.
Section 769.35SectionJail reimbursement program; operation; criteria.
Section 769.36SectionDeaths arising out of same criminal transaction; crimes to which person may be charged and convicted; consecutive terms; definitions.
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