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Michigan Compiled Laws Complete Through PA 178 of 2019



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Section 771.3c

THE CODE OF CRIMINAL PROCEDURE (EXCERPT)
Act 175 of 1927

***** 771.3c THIS SECTION IS AMENDED EFFECTIVE MARCH 19, 2020: See 771.3c.amended *****



771.3c Probation supervision fee; enforcement of probation oversight fee; person subject to other obligations arising out of criminal proceeding; applicability of section to certain juveniles.

Sec. 3c.

  (1) The circuit court shall include in each order of probation for a defendant convicted of a crime that the department of corrections shall collect a probation supervision fee of not more than $135.00 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. In determining the amount of the fee, the court shall consider the probationer's projected income and financial resources. The court shall use the following table of projected monthly income in determining the amount of the fee to be ordered:
  
 Projected Monthly Income  Amount of Fee
$ 0-249.99 $ 0.00
$ 250.00-499.99 $10.00
$ 500.00-749.99 $25.00
$ 750.00-999.99 $40.00
$1,000.00 or more 5% of projected monthly
income, but not more than
$135.00
   The court may order a higher amount than indicated by the table, up to the maximum of $135.00 multiplied by the number of months of probation ordered, but not more than 60 months, if the court determines that the probationer has sufficient assets or other financial resources to warrant the higher amount. If the court orders a higher amount, the amount and the reasons for ordering that amount shall be stated in the court order. The fee shall be collected as provided in section 25a of the corrections code of 1953, 1953 PA 232, MCL 791.225a. A person shall 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) 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 shall be as otherwise provided in section 22 of chapter XV.
  (3) 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: 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


© 2020 Legislative Council, State of Michigan

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