House Introduced Bill 5413

HOUSE BILL No. 5413

December 4, 1997, Introduced by Rep. Goschka and referred to the Committee on Corrections.

A bill to amend 1927 PA 175, entitled

"The code of criminal procedure,"

by amending sections 8, 9, 31, 33, and 34 of chapter IX and sec-

tions 3b and 14 of chapter XI (MCL 769.8, 769.9, 769.31, 769.33,

769.34, 771.3b, and 771.14), section 8 of chapter IX as amended

by 1994 PA 322, sections 31, 33, and 34 of chapter IX as added

and section 14 of chapter XI as amended by 1994 PA 445, and sec-

tion 3b of chapter XI as amended by 1994 PA 426; and to repeal

acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 CHAPTER IX

2 Sec. 8. (1) When a person is convicted for the first time

3 for committing a felony and the punishment prescribed by law for

4 that offense may be imprisonment in a state prison, the court

5 imposing sentence shall not fix a definite term of imprisonment

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1 , but shall fix a minimum term, except as otherwise provided in

2 this chapter. The THAT IS NOT MORE THAN THE maximum penalty

3 provided by law shall be the maximum sentence in all cases

4 except as provided in this chapter and shall be stated by THAT

5 the judge STATES in imposing the sentence. A SENTENCE IMPOSED IN

6 ACCORDANCE WITH THIS SECTION IS A DETERMINATE SENTENCE.

7 (2) If the defendant sentenced to an indeterminate term is

8 a person who will be a prisoner subject to disciplinary time

9 under section 34 of Act No. 118 of the Public Acts of 1893, being

10 section 800.34 of the Michigan Compiled Laws, the court shall

11 advise the defendant that his or her minimum term may be extended

12 by the addition of disciplinary time pursuant to section 34 of

13 Act No. 118 of the Public Acts of 1893 for misconduct while a

14 prisoner.

15 (2) (3) Before or at the time of WHEN imposing the

16 sentence, the judge shall ascertain by examining the convict

17 DEFENDANT under oath, or otherwise, and by other evidence as can

18 be obtained tending to indicate briefly the causes of the crimi-

19 nal character or conduct of the convict DEFENDANT, which facts

20 and other facts that appear to be pertinent RELEVANT in the

21 case , the judge shall cause to be entered upon the minutes of

22 the court.

23 Sec. 9. (1) The provisions of this chapter relative to

24 indeterminate CONCERNING DETERMINATE sentences shall DO not

25 apply to a person convicted for the commission of COMMITTING an

26 offense for which the only punishment prescribed by law is

27 imprisonment for life.

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1 (2) In all cases where IN WHICH the maximum sentence in

2 the discretion of the court may be imprisonment for life or any

3 number or term of years, the court may impose a sentence for life

4 or may impose a DETERMINATE sentence for any NUMBER OR term of

5 years. If the sentence imposed by the court is for any term of

6 years, the court shall fix both the minimum and the maximum of

7 that sentence in terms of years or fraction thereof, and sen-

8 tences so imposed shall be considered indeterminate sentences.

9 The court shall not impose a sentence in which the maximum pen-

10 alty is life imprisonment with a minimum for a term of years

11 included in the same sentence.

12 (3) In cases involving a major controlled substance AN

13 offense for which the court is directed by law to impose a sen-

14 tence which THAT cannot be less than a specified term of years

15 nor OR more than a specified term of years, the court in impos-

16 ing the sentence shall fix the length of both the minimum and

17 maximum THE sentence within those specified limits , in terms

18 of years or fraction thereof, and the THAT sentence so

19 imposed shall be considered an indeterminate IS A DETERMINATE

20 sentence.

21 Sec. 31. As used in this section and sections 32 to 34 of

22 this chapter:

23 (a) "Commission" means the sentencing commission created in

24 section 32 of this chapter.

25 (b) "Departure" means a sentence imposed that is not within

26 the appropriate minimum sentence range established under the

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1 sentencing guidelines developed pursuant to UNDER section 33 of

2 this chapter.

3 (c) "Intermediate sanction" means probation or any sanction,

4 other than imprisonment in a state prison or state reformatory,

5 that may lawfully be imposed. Intermediate sanction includes,

6 but is not limited to, 1 or more of the following:

7 (i) Inpatient or outpatient drug treatment.

8 (ii) Probation with any probation conditions required or

9 authorized by law.

10 (iii) Residential probation.

11 (iv) Probation with jail.

12 (v) Probation with special alternative incarceration.

13 (vi) Mental health treatment.

14 (vii) Mental health or substance abuse counseling.

15 (viii) Jail.

16 (ix) Jail with work or school release.

17 (x) Jail, with or without authorization for day parole under

18 Act No. 60 of the Public Acts of 1962, being sections 801.251 to

19 801.258 of the Michigan Compiled Laws 1962 PA 60, MCL 801.251 TO

20 801.258.

21 (xi) Participation in a community corrections program.

22 (xii) Community service.

23 (xiii) Payment of a fine.

24 (xiv) House arrest.

25 (xv) Electronic monitoring.

26 (d) "Offender characteristics" means only the prior criminal

27 record of an offender.

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1 (e) "Offense characteristics" means the elements of the

2 crime and the aggravating and mitigating factors relating to the

3 offense that the commission determines are appropriate and con-

4 sistent with the criteria described in section 33(1)(e) of this

5 chapter. For purposes of this subdivision, an offense described

6 in section 33b of Act No. 232 of the Public Acts of 1953, being

7 section 791.233b of the Michigan Compiled Laws 1953 PA 232, MCL

8 791.233B, that resulted in a conviction and that arose out of the

9 same transaction as the offense for which the sentencing guide-

10 lines are being scored shall be considered as an aggravating

11 factor.

12 (f) "Prior criminal record" means all of the following:

13 (i) Misdemeanor and felony convictions.

14 (ii) Probation and parole violations involving criminal

15 activity.

16 (iii) Dispositions entered pursuant to UNDER section 18 of

17 chapter XIIA of Act No. 288 of the Public Acts of 1939, being

18 section 712A.18 of the Michigan Compiled Laws 1939 PA 288, MCL

19 712A.18, for acts that would have been crimes if committed by an

20 adult.

21 (iv) Assignment to youthful trainee status pursuant to

22 UNDER sections 11 to 15 of chapter II.

23 (v) A conviction set aside pursuant to Act No. 213 of the

24 Public Acts of 1965, being sections 780.621 to 780.624 of the

25 Michigan Compiled Laws UNDER 1965 PA 213, MCL 780.621 TO

26 780.624.

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1 (vi) Dispositions described in subparagraph (iii) that have

2 been set aside under section 18e of chapter XIIA of Act No. 288

3 of the Public Acts of 1939, being section 712A.18e of the

4 Michigan Compiled Laws 1939 PA 288, MCL 712A.18E, or expunged.

5 (g) "Total capacity of state correctional facilities" means,

6 at any given time, the capacities of all permanent and temporary

7 state correctional facilities in use and all state correctional

8 facilities approved for construction pursuant to UNDER the

9 joint capital outlay process as of the preceding June 1.

10 Sec. 33. (1) The commission shall do all of the following:

11 (a) Collect, prepare, analyze, and disseminate information

12 regarding state and local sentencing practices for felonies and

13 the use of prisons and jails. The state court administrator

14 shall continue to collect data regarding sentencing practices and

15 shall provide the data necessary to the commission.

16 (b) Conduct on-going research regarding the impact of the

17 sentencing guidelines developed pursuant to UNDER this

18 section.

19 (c) Collect, analyze, and compile data and make projections

20 regarding the populations and capacities of state and local cor-

21 rectional facilities and the impact of the sentencing guidelines

22 on those populations and capacities.

23 (d) In cooperation with the state court administrator, col-

24 lect, analyze, and compile data regarding the effect of sentenc-

25 ing guidelines on the case load, docket flow, and case backlog of

26 the trial and appellate courts of this state.

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1 (e) Develop sentencing guidelines, including sentence ranges

2 for the minimum DETERMINATE sentence for each offense and

3 intermediate sanctions as provided in subsection (3), and modifi-

4 cations to the guidelines as provided in subsection (5). The

5 sentencing guidelines and any modifications to the guidelines

6 shall accomplish all of the following:

7 (i) Provide for protection of the public.

8 (ii) An CONSIDER AN offense involving violence against a

9 person shall be considered AS more severe than other offenses.

10 (iii) Be proportionate to the seriousness of the offense and

11 the offender's prior criminal record.

12 (iv) Reduce sentencing disparities based on factors other

13 than offense characteristics and offender characteristics and

14 ensure that offenders with similar offense and offender charac-

15 teristics receive substantially similar sentences.

16 (v) Specify the circumstances under which a term of impris-

17 onment is proper and the circumstances under which intermediate

18 sanctions are proper.

19 (vi) Establish sentence ranges for imprisonment that are

20 within the minimum and maximum DETERMINATE sentences allowed by

21 law for the offenses to which the ranges apply.

22 (vii) Establish separate sentence ranges for convictions

23 under the habitual offender provisions in sections 10, 11, 12,

24 and 13 of this chapter, which may include as an aggravating

25 factor, among other relevant considerations, that the accused has

26 engaged in a pattern of proven or admitted criminal behavior.

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1 (vii) (viii) Establish sentence ranges the commission

2 considers appropriate.

3 (2) In developing recommended sentencing guidelines, the

4 commission shall consider the likelihood that the capacity of

5 state and local correctional facilities will be exceeded. The

6 commission shall submit to the legislature a prison impact report

7 relating to any sentencing guidelines submitted under this

8 section. The report shall include the projected impact on total

9 capacity of state correctional facilities.

10 (3) The sentencing guidelines shall include recommended

11 intermediate sanctions for each case in which the upper limit of

12 the recommended minimum sentence range is 18 months or less.

13 (4) The commission shall submit the recommended sentencing

14 guidelines developed pursuant to this section to the secretary of

15 the senate and the clerk of the house of representatives on or

16 before July 15, 1996. If a proper request is submitted by a

17 serving member of the legislature, the legislative service bureau

18 shall prepare by September 15, 1996 a bill embodying the

19 commission's recommended sentencing guidelines for introduction.

20 If sentencing guidelines are not enacted into law by the legisla-

21 ture by December 31, 1996, the commission shall revise the guide-

22 lines and submit the revised sentencing guidelines to the secre-

23 tary of the senate and the clerk of the house of representatives

24 by March 31, 1997. If sentencing guidelines are not enacted into

25 law by the legislature within 60 days after the commission sub-

26 mits the revised sentencing guidelines to the secretary of the

27 senate and the clerk of the house of representatives, the

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1 commission shall revise the sentencing guidelines and submit the

2 revised guidelines to the secretary of the senate and the clerk

3 of the house of representatives within 90 days. The revised sen-

4 tencing guidelines are subject to the requirements of

5 subsections (1), (2), and (3) and to the same enactment process

6 as the sentencing guidelines originally submitted pursuant to

7 this subsection. Until the legislature enacts sentencing guide-

8 lines into law, the commission shall continue to revise and

9 resubmit the sentencing guidelines to the legislature as provided

10 in this subsection.

11 (5) The commission may recommend modifications to the sen-

12 tencing guidelines enacted into law under subsection (4).

13 Modifications of those sentencing guidelines shall not be recom-

14 mended sooner than 2 years after the effective date of those sen-

15 tencing guidelines, unless the modifications are based upon omis-

16 sions, technical errors, changes in the law, or court decisions.

17 Subsequent modifications shall not be recommended sooner than 2

18 years after previous modifications other than modifications based

19 upon omissions, technical errors, changes in the law, or court

20 decisions. Any modification proposed by the commission as per-

21 mitted under this subsection is subject to the same enactment

22 process as set forth in subsection (4).

23 Sec. 34. (1) The sentencing guidelines promulgated by order

24 of the Michigan supreme court shall not apply to felonies commit-

25 ted on or after the effective date of the act by which the legis-

26 lature enacts sentencing guidelines into law.

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1 (2) Except for a departure from the appropriate minimum

2 sentence range provided for under subsection (3), the minimum

3 DETERMINATE sentence imposed by a court of this state for a

4 felony committed on or after the effective date of the act first

5 enacting into law the sentencing guidelines developed pursuant

6 to IN ACCORDANCE WITH section 33 of this chapter shall be within

7 the appropriate sentence range under the sentencing guidelines in

8 effect on the date the crime was committed.

9 (3) Subject to the following limitations, a court may depart

10 from the appropriate sentence range established under the sen-

11 tencing guidelines enacted into law pursuant to UNDER

12 section 33 of this chapter if the court has a substantial and

13 compelling reason for that departure and states on the record the

14 reasons for departure:

15 (a) The court shall not use an individual's gender, race,

16 ethnicity, alienage, national origin, legal occupation, lack of

17 employment, representation by appointed legal counsel, represen-

18 tation by retained legal counsel, appearance in propria persona,

19 or religion to depart from the appropriate sentence range.

20 (b) The court shall not base a departure on an offense char-

21 acteristic or offender characteristic already taken into account

22 in determining the appropriate sentence range unless the court

23 finds from the facts contained in the court record, including the

24 presentence investigation report, that the characteristic has

25 been given inadequate or disproportionate weight.

26 (4) Beginning on the effective date of the act first

27 enacting into law the sentencing guidelines developed pursuant

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1 to UNDER section 33 of this chapter, if the upper limit of the

2 appropriate minimum sentence for a defendant convicted for a

3 felony committed on or after that date is 18 months or less under

4 the sentencing guidelines, the court shall impose an intermediate

5 sanction unless the court states on the record a substantial and

6 compelling reason to sentence the individual to the jurisdiction

7 of the department of corrections.

8 (5) If a crime has a mandatory determinate penalty or a man-

9 datory penalty of life imprisonment, the court shall impose that

10 penalty. This section does not apply to sentencing for that

11 crime.

12 (6) As part of the sentence, the court may also order the

13 defendant to pay any combination of a fine, costs, or applicable

14 assessments. The court shall order payment of restitution as

15 provided by law.

16 (7) If the trial court imposes on a defendant a minimum

17 DETERMINATE sentence that is longer or more severe than the

18 appropriate sentence range, as part of the court's advice of the

19 defendant's rights concerning appeal, the court shall advise the

20 defendant orally and in writing that he or she may appeal the

21 sentence as provided by law on grounds that it is longer or more

22 severe than the appropriate sentence range.

23 (8) All of the following shall be part of the record filed

24 for an appeal of a sentence under this section:

25 (a) An entire record of the sentencing proceedings.

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1 (b) The presentence investigation report. Any portion of

2 the presentence investigation report exempt from disclosure by

3 law shall not be a public record.

4 (c) Any other reports or documents the sentencing court used

5 in imposing sentence.

6 (9) An appeal of a sentence under this section does not stay

7 execution of the sentence.

8 (10) If a minimum DETERMINATE sentence is within the

9 appropriate guidelines sentence range, the court of appeals shall

10 affirm that sentence and shall not remand for resentencing absent

11 an error in scoring the sentencing guidelines or inaccurate

12 information relied upon in determining the defendant's sentence.

13 A party shall not raise on appeal an issue challenging the scor-

14 ing of the sentencing guidelines or challenging the accuracy of

15 information relied upon in determining a sentence that is within

16 the appropriate guidelines sentence range unless the party has

17 raised the issue at sentencing, in a proper motion for resentenc-

18 ing, or in a proper motion to remand filed in the court of

19 appeals.

20 (11) If , upon a review of the record, the court of

21 appeals finds UPON REVIEWING THE RECORD THAT the trial court did

22 not have a substantial and compelling reason for departing from

23 the appropriate sentence range, the court shall remand the matter

24 to the sentencing judge or another trial court judge for resen-

25 tencing pursuant to UNDER this chapter.

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1 (12) Time served on the sentence appealed under this section

2 is considered CONSTITUTES time served on any sentence imposed

3 after remand.

4 CHAPTER XI

5 Sec. 3b. (1) In addition to any other terms or conditions

6 of probation provided for under this chapter, the court may

7 require under a probation order that a person convicted of a

8 crime, except a crime specified in subsection (17), for which a

9 sentence in a state correctional facility may be imposed shall

10 satisfactorily complete a program of incarceration in a special

11 alternative incarceration unit , and a period of not less than

12 120 days of probation under intensive supervision. The special

13 alternative incarceration program shall be established and oper-

14 ated by the department of corrections as provided in the special

15 alternative incarceration act, Act No. 287 of the Public Acts of

16 1988, being sections 798.11 to 798.18 of the Michigan Compiled

17 Laws 1988 PA 287, MCL 798.11 TO 798.18. The court also may

18 require the person to satisfactorily complete a local residential

19 program of vocational training, education, and substance abuse

20 treatment , pursuant to UNDER subsection (9) or (10).

21 (2) In order for a person to be placed in a special alter-

22 native incarceration program, the A person shall meet all of the

23 following requirements TO BE PLACED IN A SPECIAL ALTERNATIVE

24 INCARCERATION PROGRAM:

25 (a) The person has never served a sentence of imprisonment

26 in a state correctional facility.

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1 (b) The person would likely be sentenced to imprisonment in

2 a state correctional facility.

3 (c) The felony sentencing guidelines upper limit for the

4 recommended minimum sentence for the person's offense is 12

5 months or more, as determined by the department. This subdivi-

6 sion does not apply in either of the following circumstances:

7 (i) The person's offense is not covered by the felony sen-

8 tencing guidelines APPLICABLE TO HIS OR HER OFFENSE.

9 (ii) The reason for the person IS being considered for

10 placement is that BECAUSE he or she violated the conditions of

11 his or her probation.

12 (d) The person is physically able to participate in the spe-

13 cial alternative incarceration program.

14 (e) The person does not appear to have any mental handicap

15 that would prevent participation in the special alternative

16 incarceration program.

17 (3) Subsection (2)(b) and (c) do DOES not prevent the

18 department of corrections from entering into contracts with coun-

19 ties for participation in the county jail special alternative

20 incarceration program. The county jail special alternative pro-

21 gram is a program in which convicted felons who would have been

22 sentenced to a county jail with a sentence of 6 to 12 months can

23 participate.

24 (4) Before a court may place a person pursuant to UNDER

25 this section, THE PROBATION OFFICER SHALL COMPLETE an initial

26 investigation shall be completed by the probation officer. The

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1 initial investigation shall establish ESTABLISHING that the

2 person meets the requirements of subsection (2)(a) to (b).

3 (5) After a person is placed in a special alternative incar-

4 ceration program, the department shall establish that the person

5 meets the requirements of subsection (2). If the person does not

6 meet the requirements of subsection (2), the person shall be

7 returned to the court for sentencing. The placement of a person

8 in a special alternative incarceration program is conditioned

9 upon the person meeting the requirements of subsection (2). If a

10 person does not meet the requirements of subsection (2), the pro-

11 bation order is rescinded , and the person shall be sentenced

12 in the manner provided by law.

13 (6) A person shall not be placed in a program of special

14 alternative incarceration unless the person consents to the

15 placement.

16 (7) In every case in which a person is placed in a special

17 alternative incarceration program, the clerk of the sentencing

18 court shall , within 5 working days after the placement, mail

19 to the department of corrections a certified copy of the judgment

20 of sentence and the presentence investigation report of the

21 person being placed WITHIN 5 WORK DAYS AFTER PLACEMENT.

22 (8) Except as provided in subsections (9) to (12), a person

23 shall be placed in a special alternative incarceration program

24 for a period of not more than 120 days. If, during that

25 period, the person misses more than 5 days of program participa-

26 tion due to medical excuse for illness or injury occurring after

27 he or she was placed in the program, the period of placement

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1 shall be increased by the number of days missed, beginning with

2 the sixth day of medical excuse, up to a maximum of 20 days. A

3 medical excuse shall be verified by a physician's statement, a

4 copy of which shall be provided to the sentencing court. A

5 person who is medically unable to participate in the program for

6 more than 25 days shall be returned to the court for sentencing

7 pursuant to UNDER subsection (5).

8 (9) The order of probation under subsection (1) may require

9 that a person who successfully completes a special alternative

10 incarceration program also successfully complete an additional

11 period of not more than 120 days of residential treatment in the

12 local governmental jurisdiction from which the person was commit-

13 ted, beginning immediately upon completion of the special alter-

14 native incarceration program, if the local unit of government has

15 created a residential program providing vocational training, edu-

16 cation, and substance abuse treatment, designed in whole or in

17 part for persons who complete a program of special alternative

18 incarceration.

19 (10) The order of probation under subsection (1) may autho-

20 rize the department of corrections to require a person who suc-

21 cessfully completes a special alternative incarceration program

22 to also successfully complete an additional period of not more

23 than 120 days of residential treatment in a program operated by

24 the department of corrections pursuant to UNDER section 4(2) of

25 the special alternative incarceration act, Act No. 287 of the

26 Public Acts of 1988, being section 798.14 of the Michigan

27 Compiled Laws 1988 PA 287, MCL 798.14. A probationer sentenced

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1 pursuant to UNDER subsection (9) is not eligible for

2 residential treatment pursuant to UNDER this subsection.

3 (11) An order of probation under subsection (1) that

4 requires an additional period of residential treatment upon com-

5 pletion of the special alternative incarceration program shall be

6 considered to be entered pursuant to UNDER subsection (9).

7 (12) A person who successfully completes a program of spe-

8 cial alternative incarceration shall be placed on probation under

9 intensive supervision for a period of not less than 120 days.

10 The period of probation under intensive supervision shall begin

11 upon the completion of the program of special alternative incar-

12 ceration , unless the person has been ordered to complete an

13 additional program of residential treatment as described in sub-

14 section (9) or (10), in which case the period of probation under

15 intensive supervision shall begin upon completion of the program

16 of residential treatment.

17 (13) Upon receiving a satisfactory report of performance in

18 the program from the department of corrections, the court shall

19 authorize the release of the person from confinement in the spe-

20 cial alternative incarceration unit. The receipt of an AN

21 unsatisfactory report shall be IS grounds for revocation of

22 probation IN THE SAME MANNER as would any other violation of a

23 condition or term of probation.

24 (14) A term of special alternative incarceration shall be

25 served in the manner provided in the special alternative incar-

26 ceration act, Act No. 287 of the Public Acts of 1988, being

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1 sections 798.11 to 798.18 of the Michigan Compiled Laws 1988 PA

2 287, MCL 798.11 TO 798.18.

3 (15) Except as provided in subsection (16), a person shall

4 not be incarcerated in a special alternative incarceration unit

5 more than once.

6 (16) If a person was placed in a special alternative incar-

7 ceration program but was returned to the court for sentencing

8 because of a medical condition existing at the time of the place-

9 ment, the person may be placed again in a special alternative

10 incarceration program after the medical condition is corrected.

11 (17) A person who is convicted of any of the following

12 crimes shall IS not be eligible for placement in the special

13 alternative incarceration program:

14 (a) Section A VIOLATION OF SECTION 72, 73, 75, 145c, 520b,

15 520c, 520d, or 520g of the Michigan penal code, Act No. 328 of

16 the Public Acts of 1931, being sections 750.145c, 750.520b,

17 750.520c, 750.520d, and 750.520g of the Michigan Compiled Laws

18 1931 PA 328, MCL 750.72, 750.73, 750.75, 750.145C, 750.520B,

19 750.520C, 750.520D, AND 750.520G.

20 (b) Section 72, 73, or 75 of Act No. 328 of the Public Acts

21 of 1931, being sections 750.72, 750.73, and 750.75 of the

22 Michigan Compiled Laws.

23 (B) (c) An attempt to commit a crime described in subdivi-

24 sion (a). or (b).

25 Sec. 14. (1) Before the court sentences a person charged

26 with a felony or a person who is a licensee or registrant under

27 article 15 of the public health code, Act No. 368 of the Public

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1 Acts of 1978, being sections 333.16101 to 333.18838 of the

2 Michigan Compiled Laws 1978 PA 368, MCL 333.16101 TO 333.18838,

3 as described in section 1(11) of chapter IX, and, if directed by

4 the court, in any other case in which a person is charged with a

5 misdemeanor within the COURT'S jurisdiction, of the court, the

6 probation officer shall inquire into the PERSON'S antecedents,

7 character, and circumstances of the person, and shall report in

8 writing to the court.

9 (2) A presentence investigation report prepared pursuant

10 to UNDER subsection (1) shall include all of the following:

11 (a) An evaluation of and a prognosis for the person's

12 adjustment in the community based on factual information con-

13 tained in the report.

14 (b) If requested by a victim, any written impact statement

15 submitted by the victim pursuant to UNDER the crime victim's

16 rights act, Act No. 87 of the Public Acts of 1985, being

17 sections 780.751 to 780.834 of the Michigan Compiled Laws 1985

18 PA 87, MCL 780.751 TO 780.834.

19 (c) A specific written recommendation for disposition based

20 on the evaluation and other information as prescribed by the

21 assistant director of the department of corrections in charge of

22 probation.

23 (d) A statement prepared by the prosecuting attorney as to

24 whether consecutive sentencing is required or authorized by law.

25 (e) For a person to be sentenced pursuant to UNDER the

26 sentencing guidelines enacted into law pursuant to UNDER

27 section 33 of chapter IX, all of the following:

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1 (i) For each conviction entered, the sentence grid that

2 contains the appropriate minimum sentence range.

3 (ii) The computation that determines the appropriate

4 minimum sentence range for each conviction entered.

5 (iii) A specific statement as to the applicability of inter-

6 mediate sanctions , as defined in section 31 of chapter IX.

7 (iv) The recommended sentence.

8 (f) If a person is to be sentenced for a misdemeanor involv-

9 ing the illegal delivery, possession, or use of alcohol or a con-

10 trolled substance or a felony, a statement that the person is

11 licensed or registered under article 15 of the public health

12 code, Act No. 368 of the Public Acts of 1978, being

13 sections 333.16101 to 333.18838 of the Michigan Compiled Laws

14 1978 PA 368, MCL 333.16101 TO 333.18838, if applicable.

15 (g) Diagnostic opinions that are available and not exempted

16 from disclosure under subsection (3).

17 (3) The court may exempt from disclosure in the presentence

18 investigation report information or a diagnostic opinion that

19 might seriously disrupt a program of rehabilitation or sources of

20 information obtained on a promise of confidentiality. If a part

21 of the presentence investigation report is not disclosed, the

22 court shall state on the record the reasons for its action and

23 inform the defendant and his or her attorney that information has

24 not been disclosed. The COURT'S action of the court in exempt-

25 ing information from disclosure is subject to appellate review.

26 Information or a diagnostic opinion exempted from disclosure

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1 pursuant to this subsection shall be specifically noted in the

2 presentence investigation report.

3 (4) The court shall permit the prosecutor, the defendant's

4 attorney, and the defendant to review the presentence investiga-

5 tion report before sentencing.

6 (5) At the time of sentencing, either party may challenge

7 , on the record , the accuracy or relevancy of any informa-

8 tion contained in the presentence investigation report. The

9 court may order an adjournment to permit the parties to prepare a

10 challenge or a response to a challenge. If the court finds on

11 the record that the challenged information is inaccurate or

12 irrelevant, that finding shall be made a part of the record, the

13 presentence investigation report shall be amended, and the inac-

14 curate or irrelevant information shall be stricken accordingly

15 before the report is transmitted to the department of

16 corrections.

17 (6) On appeal, the defendant's attorney, or the defendant if

18 proceeding pro se, shall be provided with a copy of the presen-

19 tence investigation report and any attachments to the report with

20 the exception of any information exempted BY THE COURT ON THE

21 RECORD from disclosure , on the record, by the court pursuant

22 to UNDER subsection (3).

23 (7) If the person is committed to a state penal institution,

24 a copy or amended copy of the presentence investigation report

25 and, if a psychiatric examination of the person has been made for

26 the court, a copy of the psychiatric report shall accompany the

27 commitment papers. If the person is sentenced by fine or

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1 imprisonment or placed on probation or other disposition of his

2 or her case is made by the court, a copy or amended copy of the

3 presentence investigation report, including a psychiatric exami-

4 nation report made in the case, shall be filed with the depart-

5 ment of corrections.

6 (8) A prisoner under the jurisdiction of the department of

7 corrections shall be provided with a copy of any presentence

8 investigation report in the department's possession about that

9 prisoner, except for information exempted from disclosure pursu-

10 ant to subsection (3), not less than 30 days before a parole

11 interview is conducted pursuant to section 35 of Act No. 232 of

12 the Public Acts of 1953, being section 791.235 of the Michigan

13 Compiled Laws 1953 PA 232, MCL 791.235.

14 Enacting section 1. Sections 10, 11, 12, and 13 of chapter

15 IX of the code of criminal procedure, 1927 PA 175, MCL 769.10,

16 769.11, 769.12, and 769.13, are repealed effective on the effec-

17 tive date of the act by which the legislature enacts sentencing

18 guidelines into law under section 33 of chapter IX of the code of

19 criminal procedure, 1927 PA 175, MCL 769.33.

20 Enacting section 2. Sections 8, 9, and 34 of chapter IX and

21 sections 3b and 14 of chapter XI of the code of criminal proce-

22 dure, 1927 PA 175, MCL 769.8, 769.9, 769.34, 771.3b, and 771.14,

23 as amended by this amendatory act, take effect on the effective

24 date of the act by which the legislature enacts sentencing guide-

25 lines into law under section 33 of chapter IX of the code of

26 criminal procedure, 1927 PA 175, MCL 769.33.

02647'97
23

1 Enacting section 3. The provisions enacted by this

2 amendatory act do not apply to an offense committed on or before

3 the effective date of this amendatory act. A person who commit-

4 ted an offense on or before the effective date this amendatory

5 act is subject to sentencing as provided by law when the person

6 committed the offense.

7 Enacting section 4. This amendatory act does not take

8 effect unless all of the following bills of the 89th Legislature

9 are enacted into law:

10 (a) Senate Bill No. ___ or House Bill No. ___ (request

11 no. 02647'97 a).

12 (b) Senate Bill No. ___ or House Bill No. ___ (request

13 no. 02647'97 b).

02647'97 Final page. JOJ