THE CODE OF CRIMINAL PROCEDURE (EXCERPT)
Act 175 of 1927
771.4 Legislative intent; revocation of probation; procedure; sentence; section inapplicable to certain juveniles.
It is the intent of the legislature that the granting of probation is a matter of grace conferring no vested right to its continuance. If during the probation period the sentencing court determines that the probationer is likely again to engage in an offensive or criminal course of conduct or that the public good requires revocation of probation, the court may revoke probation. All probation orders are revocable in any manner the court that imposed probation considers applicable either for a violation or attempted violation of a probation condition or for any other type of antisocial conduct or action on the probationer's part for which the court determines that revocation is proper in the public interest. Hearings on the revocation shall be summary and informal and not subject to the rules of evidence or of pleadings applicable in criminal trials. 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 or conduct inconsistent with the public good. 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. 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. 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
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.
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