PROBATION: COUNTY REIMBURSEMENT - H.B. 4365: FLOOR ANALYSIS

House Bill 4365 (as reported without amendment)

Sponsor: Representative Timothy Walberg

House Committee: Corrections

Senate Committee: Judiciary

CONTENT

The bill would amend the Prisoner Reimbursement to the County Act to specify that reimbursement under the Act could be ordered as a condition of probation entered pursuant to the Code of Criminal Procedure (which would be amended by House Bill 4364).

The bill also states that, if a prisoner were ordered to reimburse the county as a probation condition, the prisoner would be subject to probation revocation under the Code of Criminal Procedure (MCL 771.4). (That provision of the Code specifies that probation orders are revocable in any manner in which the court that imposed probation considers applicable, either for a violation or attempted violation of a probation condition or for any type of antisocial conduct or action that satisfies the court that revocation is proper in the public interest.)

The bill is tie-barred to House Bill 4364.

MCL 801.83 & 801.85 - Legislative Analyst: P. Affholter

FISCAL IMPACT

The bill would have an indeterminate fiscal impact on State and local government. To the extent that the bill would allow reimbursement of conviction expenses to be a condition of probation, and would allow the revocation of probation if reimbursement were not paid, State or local government would incur expenses for incarcerating offenders who failed to pay the reimbursement required by a probation order. There are no data to indicate how many offenders would be subject to revocation of probation for failing to reimburse conviction costs.

Date Completed: 9-23-98 - Fiscal Analyst: K. FirestoneFLOOR\HB4365 - Analysis available @ http://www.michiganlegislature.org

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.