This is our starting text

HB-4588, As Passed House, June 28, 2005

SUBSTITUTE FOR

HOUSE BILL NO. 4588

(As amended June 23, 2005)

[A bill to amend 1985 PA 87, entitled

"Crime victim's rights act,"

by amending sections 1, 2, 6, 13a, 16, 16a, 18, 18a, 19, 20, 21, 31,

44, 44a, 46, 47, 61, 61a, 65, 76, 76a, 78, and 81 (MCL 780.751, 780.752,

780.756, 780.763a, 780.766, 780.766a, 780.768, 780.768a, 780.769,

780.770, 780.771, 780.781, 780.794, 780.794a, 780.796, 780.797,

780.811, 780.811a, 780.815, 780.826, 780.826a, 780.828, and

780.831), sections 2, 6, 13a, 16, 18a, 19, 21, 31, 44, 46, 61, 65,

76, and 78 as amended by 2000 PA 503, sections 16a, 44a, and 76a as

amended by 2003 PA 98, sections 18, 47, and 81 as amended by 1996

PA 562, and section 61a as added by 1993 PA 341, and by adding

section 19a.]

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

[Sec. 1. This act shall be known and may be cited as the "William Van Regenmorter crime victim's rights act".]

Sec. 2. (1) Except as otherwise defined in this article, as

used in this article:

(a) "County juvenile agency" means that term as defined in

section 2 of the county juvenile agency act, 1998 PA 518, MCL

45.622.

(b) "Crime" means a violation of a penal law of this state for

which the offender, upon conviction, may be punished by

imprisonment for more than 1 year or an offense expressly

designated by law as a felony.

of, or found not guilty by reason of insanity of committing a crime

against a victim.

(d) "Facility", as used in sections 6, 13a, 19a, and 20 only,

and not with reference to a juvenile facility, means that term as

defined in section 1100b of the mental health code, 1974 PA 258,

MCL 330.1100b.

(e) ~~(d)~~ "Final disposition" means the ultimate termination

of the criminal prosecution of a defendant including, but not

limited to, dismissal, acquittal, or imposition of sentence by the

court.

(f) ~~(e)~~ "Juvenile" means a person within the jurisdiction

of the circuit court under section 606 of the revised judicature

act of 1961, 1961 PA 236, MCL 600.606.

(g) ~~(f)~~ "Juvenile facility" means a county facility,

institution operated as an agency of the county or the family

division of circuit court, or an institution or agency described in

the youth rehabilitation services act, 1974 PA 150, MCL 803.301 to

803.309, to which a juvenile has been committed or in which a

juvenile is detained.

(h) "Hospital" means that term as defined in section 100b of

the mental health code, 1974 PA 258, MCL 330.1100b.

(i) ~~(g)~~ "Person" means an individual, organization,

partnership, corporation, or governmental entity.

(j) ~~(h)~~ "Prisoner" means a person who has been convicted

and sentenced to imprisonment or placement in a juvenile facility

for having committed a crime or an act that would be a crime if

committed by an adult against a victim.

(k) ~~(i)~~ "Prosecuting attorney" means the prosecuting

attorney for a county, an assistant prosecuting attorney for a

county, the attorney general, the deputy attorney general, an

assistant attorney general, or a special prosecuting attorney.

(l) ~~(j)~~ "Victim" means any of the following:

(i) An individual who suffers direct or threatened physical,

financial, or emotional harm as a result of the commission of a

crime, except as provided in subparagraph (ii), (iii), or (iv).

(ii) The following individuals other than the defendant if the

victim is deceased:

(A) The spouse of the deceased victim.

(B) A child of the deceased victim if the child is 18 years of

age or older and sub-subparagraph (A) does not apply.

(B) do not apply.

(D) The guardian or custodian of a child of a deceased victim

if the child is less than 18 years of age and sub-subparagraphs (A)

to (C) do not apply.

(E) A sibling of the deceased victim if sub-subparagraphs (A)

to (D) do not apply.

(F) A grandparent of the deceased victim if sub-subparagraphs

(A) to (E) do not apply.

(iii) A parent, guardian, or custodian of a victim who is less

than 18 years of age and who is neither the defendant nor

incarcerated, if the parent, guardian, or custodian so chooses.

(iv) A parent, guardian, or custodian of a victim who is

mentally or emotionally unable to participate in the legal process

if he or she is neither the defendant nor incarcerated.

(2) If a victim as defined in subsection ~~(1)(j)(~~i) (1)(l)(i)

is physically or emotionally unable to exercise the privileges and

rights under this article, the victim may designate his or her

spouse, child 18 years of age or older, parent, sibling,

grandparent, or any other person 18 years of age or older who is

neither the defendant nor incarcerated to act in his or her place

while the physical or emotional disability continues. The victim

shall provide the prosecuting attorney with the name of the person

who is to act in his or her place. During the physical or emotional

disability, notices to be provided under this article to the victim

shall continue to be sent only to the victim.

(3) An individual who is charged with a crime arising out of

the same transaction from which the charge against the defendant

arose is not eligible to exercise the privileges and rights

established for victims under this article.

(4) An individual who is incarcerated is not eligible to

exercise the privileges and rights established for victims under

this article except that he or she may submit a written statement

to the court for consideration at sentencing.

Sec. 6. (1) Not later than 7 days after the defendant's

arraignment for a crime, but not less than 24 hours before a

preliminary examination, the prosecuting attorney shall give to

each victim a written notice in plain English of each of the

following:

(a) A brief statement of the procedural steps in the

processing of a criminal case.

(b) A specific list of the rights and procedures under this

article.

prosecuting attorney that the victim chooses to exercise his or her

rights under this article.

(d) Details and eligibility requirements for compensation from

the crime victim services commission under 1976 PA 223, MCL 18.351

to 18.368.

(e) Suggested procedures if the victim is subjected to threats

or intimidation.

(f) The person to contact for further information.

(2) If the victim requests, the prosecuting attorney shall

give the victim notice of any scheduled court proceedings and any

changes in that schedule.

(3) Before finalizing any negotiation that may result in a

dismissal, plea or sentence bargain, or pretrial diversion, the

prosecuting attorney shall offer the victim the opportunity to

consult with the prosecuting attorney to obtain the victim's views

about the disposition of the prosecution for the crime, including

the victim's views about dismissal, plea or sentence negotiations,

and pretrial diversion programs.

(4) A victim who receives a notice under subsection (1) and

who chooses to receive any notice or exercise any right under this

article shall keep the following persons informed of the victim's

current address and telephone number:

(a) The prosecuting attorney, until final disposition or

completion of the appellate process, whichever occurs later.

(b) The department of corrections or the sheriff, as the

prosecuting attorney directs, if the defendant is imprisoned.

services or county juvenile agency, as the prosecuting attorney

directs, if the defendant is held in a juvenile facility.

(d) The hospital or facility, as the prosecuting attorney

directs, if the defendant is hospitalized in or admitted to a

hospital or a facility.

Sec. 13a. (1) When a defendant is sentenced to a term of

imprisonment, or ordered to be placed in a juvenile facility, or

hospitalized in or admitted to a hospital or a facility, the

prosecuting attorney shall provide the victim with a form the

victim may submit to receive the notices provided for under section

19, 19a, 20, or 20a. The form shall include the address of the

department of corrections, the sheriff, the ~~family independence~~

~~agency, or~~ department of human services, the county juvenile

agency, or the hospital or facility, as applicable, to which the

House Bill No. 4588 (H-2) as amended June 23, 2005 (1 of 2)

form may be sent.

(2) If the defendant is sentenced to probation, the department

of corrections [or the sheriff, as applicable,] shall notify the victim

if the probation is revoked

and the defendant is sentenced to the department of corrections or

to jail for more than 90 days. The notice shall include a form the

victim may submit to the department of corrections or the sheriff

to receive notices under section 19, 20, or 20a.

[(3) If the department of corrections determines that a defendant who was, in the defendant's judgment of sentence, not prohibited from being OR PERMITTED TO BE placed in the special alternative incarceration unit established under section 3 of the special alternative incarceration act, 1988 PA 287, MCL 798.13, meets the eligibility requirements of section 34a(2) and (3) of the corrections code of 1953, 1953 PA 232, MCL 791.234a, the department oF corrections shall notify the victim, if the victim has submitted a written request for notification under section 19, of the proposed placement of the defendant in the special alternative incarceration unit not later than 30 days before placement is intended to occur. In making the decision on whether or not to object to the placement of the defendant in a special alternative incarceration unit as required by section 34a(4) of the corrections code of 1953, 1953 PA 232, MCL 791.234a, the sentencing judge or the judge's successor shall review an impact statement submitted by the victim under section 14.]

Sec. 16. (1) ~~For purposes of~~ As used in this section only,

"victim" means an individual who suffers direct or threatened

physical, financial, or emotional harm as a result of the

commission of a crime. ~~For purposes of~~ As used in subsections

(2), (3), (6), (8), (9), and (13) only, victim includes a sole

proprietorship, partnership, corporation, association, governmental

entity, or any other legal entity that suffers direct physical or

financial harm as a result of a crime.

(2) Except as provided in subsection (8), when sentencing a

defendant convicted of a crime, the court shall order, in addition

to or in lieu of any other penalty authorized by law or in addition

to any other penalty required by law, that the defendant make full

restitution to any victim of the defendant's course of conduct that

gives rise to the conviction or to the victim's estate. For an

offense that is resolved by assignment of the defendant to youthful

House Bill No. 4588 (H-2) as amended June 23, 2005 (2 of 2)

trainee status, by a delayed sentence or deferred judgment of

guilt, or in another way that is not an acquittal or unconditional

dismissal, the court shall order the restitution required under

this section.

(3) If a crime results in damage to or loss or destruction of

property of a victim of the crime or results in the seizure or

impoundment of property of a victim of the crime, the order of

restitution ~~may~~ shall require that the defendant do 1 or more of

the following, as applicable:

(a) Return the property to the owner of the property or to a

person designated by the owner.

(b) If return of the property under subdivision (a) is

impossible, impractical, or inadequate, pay an amount equal to the

greater of subparagraph (i) or (ii), less the value, determined as of

the date the property is returned, of that property or any part of

the property that is returned:

(i) The value of the property on the date of the damage, loss,

or destruction.

(ii) The value of the property on the date of sentencing.

(4) If a crime results in physical or psychological injury to

a victim, the order of restitution ~~may~~ shall require that the

defendant do 1 or more of the following, as applicable:

(a) Pay an amount equal to the reasonably determined cost of

medical and related professional services and devices actually

incurred and reasonably expected to be incurred relating to

physical and psychological care.

(b) Pay an amount equal to the reasonably determined cost of

physical and occupational therapy and rehabilitation actually

incurred and reasonably expected to be incurred.

income loss suffered by the victim as a result of the crime.

(d) Pay an amount equal to the reasonably determined cost of

psychological and medical treatment for members of the victim's

family actually incurred and reasonably expected to be incurred as

a result of the crime.

(e) Pay an amount equal to the reasonably determined costs of

homemaking and child care expenses actually incurred and reasonably

expected to be incurred as a result of the crime or, if homemaking

or child care is provided without compensation by a relative,

friend, or any other person, an amount equal to the costs that

would reasonably be incurred as a result of the crime for that

homemaking and child care, based on the rates in the area for

comparable services.

(f) Pay an amount equal to the cost of actual funeral and

related services.

(g) If the deceased victim could be claimed as a dependent by

his or her parent or guardian on the parent's or guardian's

federal, state, or local income tax returns, pay an amount equal to

the loss of the tax deduction or tax credit. The amount of

reimbursement shall be estimated for each year the victim could

reasonably be claimed as a dependent.

(h) Pay an amount equal to income actually lost by the spouse,

parent, sibling, child, or grandparent of the victim because the

family member left his or her employment, temporarily or

permanently, to care for the victim because of the injury.

(5) If a crime resulting in bodily injury also results in the

death of a victim or serious impairment of a body function of a

victim, the court may order up to 3 times the amount of restitution

otherwise allowed under this section. As used in this subsection,

"serious impairment of a body function of a victim" includes, but

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

(a) Loss of a limb or use of a limb.

(b) Loss of a hand or foot or use of a hand or foot.

(d) Loss or substantial impairment of a bodily function.

(e) Serious visible disfigurement.

(f) A comatose state that lasts for more than 3 days.

(g) Measurable brain damage or mental impairment.

(h) A skull fracture or other serious bone fracture.

(i) Subdural hemorrhage or subdural hematoma.

(j) Loss of a body organ.

(6) If the victim or victim's estate consents, the order of

restitution may require that the defendant make restitution in

services in lieu of money.

(7) If the victim is deceased, the court shall order that the

restitution be made to the victim's estate.

(8) The court shall order restitution to the crime victim

services commission or to any individuals, partnerships,

corporations, associations, governmental entities, or other legal

entities that have compensated the victim or the victim's estate

for a loss incurred by the victim to the extent of the compensation

paid for that loss. The court shall also order restitution for the

costs of services provided to persons or entities that have

provided services to the victim as a result of the crime. Services

that are subject to restitution under this subsection include, but

are not limited to, shelter, food, clothing, and transportation.

However, an order of restitution shall require that all restitution

to a victim or victim's estate under the order be made before any

restitution to any other person or entity under that order is made.

The court shall not order restitution to be paid to a victim or

victim's estate if the victim or victim's estate has received or is

to receive compensation for that loss, and the court shall state on

the record with specificity the reasons for its action.

(9) Any amount paid to a victim or victim's estate under an

order of restitution shall be set off against any amount later

recovered as compensatory damages by the victim or the victim's

estate in any federal or state civil proceeding and shall reduce

the amount payable to a victim or a victim's estate by an award

from the crime victim services commission made after an order of

restitution under this section.

(10) If not otherwise provided by the court under this

subsection, restitution shall be made immediately. However, the

court may require that the defendant make restitution under this

section within a specified period or in specified installments.

(11) If the defendant is placed on probation or paroled or the

court imposes a conditional sentence as provided in section 3 of

chapter IX of the code of criminal procedure, 1927 PA 175, MCL

769.3, any restitution ordered under this section shall be a

condition of that probation, parole, or sentence. The court may

revoke probation or impose imprisonment under the conditional

sentence and the parole board may revoke parole if the defendant

fails to comply with the order and if the defendant has not made a

good faith effort to comply with the order. In determining whether

to revoke probation or parole or impose imprisonment, the court or

parole board shall consider the defendant's employment status,

earning ability, and financial resources, the willfulness of the

defendant's failure to pay, and any other special circumstances

that may have a bearing on the defendant's ability to pay.

(12) A Subject to subsection (18), a defendant who is

required to pay restitution and who is not in willful default of

the payment of the restitution may at any time petition the

sentencing judge or his or her successor to modify the method of

payment. If the court determines that payment under the order will

impose a manifest hardship on the defendant or his or her immediate

family, and if the court also determines that modifying the method

of payment will not impose a manifest hardship on the victim, the

court may modify the method of payment.

(13) An order of restitution entered under this section

remains effective until it is satisfied in full. An order of

restitution is a judgment and lien against all property of the

defendant for the amount specified in the order of restitution. The

lien may be recorded as provided by law. An order of restitution

may be enforced by the prosecuting attorney, a victim, a victim's

estate, or any other person or entity named in the order to receive

the restitution in the same manner as a judgment in a civil action

or a lien.

(14) Notwithstanding any other provision of this section, a

defendant shall not be imprisoned, jailed, or incarcerated for a

violation of probation or parole or otherwise for failure to pay

restitution as ordered under this section unless the court or

parole board determines that the defendant has the resources to pay

the ordered restitution and has not made a good faith effort to do

so.

(15) If the court determines that a juvenile is or will be

unable to pay all of the restitution ordered, after notice to the

juvenile's parent or parents and an opportunity for the parent or

parents to be heard the court may order the parent or parents

having supervisory responsibility for the juvenile at the time of

the acts upon which an order of restitution is based to pay any

portion of the restitution ordered that is outstanding. An order

under this subsection does not relieve the juvenile of his or her

obligation to pay restitution as ordered, but the amount owed by

the juvenile shall be offset by any amount paid by his or her

parent. As used in this subsection:

(a) "Juvenile" means a person within the court's jurisdiction

under section 2d or 4 of chapter XIIA of the probate code of 1939,

1939 PA 288, MCL 712A.2d and 712A.4.

(b) "Parent" does not include a foster parent.

(16) If the court orders a parent to pay restitution under

subsection (15), the court shall take into account the parent's

financial resources and the burden that the payment of restitution

will impose, with due regard to any other moral or legal financial

obligations the parent may have. If a parent is required to pay

restitution under subsection (15), the court shall provide for

payment to be made in specified installments and within a specified

period of time.

(17) A parent who has been ordered to pay restitution under

subsection (15) may petition the court for a modification of the

amount of restitution owed by the parent or for a cancellation of

any unpaid portion of the parent's obligation. The court shall

cancel all or part of the parent's obligation due if the court

determines that payment of the amount due will impose a manifest

hardship on the parent and if the court also determines that

modifying the method of payment will not impose a manifest hardship

on the victim.

(18) In each case in which payment of restitution is ordered

as a condition of probation, the court ~~may~~ shall order any

employed defendant to make regularly scheduled restitution

payments. If the defendant misses 2 or more regularly scheduled

payments, the court shall order the defendant to execute a wage

assignment to pay the restitution. The probation officer assigned

to the case shall review the case not less than twice yearly to

ensure that restitution is being paid as ordered. If the

restitution was ordered to be made within a specific period of

time, the probation officer assigned to the case shall review the

case at the end of the specific period of time to determine if the

restitution has been paid in full. The final review shall be

conducted not less than 60 days before the probationary period

expires. If the probation officer determines at any review that

restitution is not being paid as ordered, the probation officer

shall file a written report of the violation with the court on a

form prescribed by the state court administrative office or shall

petition the court for a probation violation. The report or

petition shall include a statement of the amount of the arrearage

and any reasons for the arrearage known by the probation officer.

The probation officer shall immediately provide a copy of the

report or petition to the prosecuting attorney. If a petition or

motion is filed or other proceedings are initiated to enforce

payment of restitution and the court determines that restitution is

not being paid or has not been paid as ordered by the court, the

court shall promptly take action necessary to compel compliance.

(19) If a defendant who is ordered to pay restitution under

this section is remanded to the jurisdiction of the department of

corrections, the court shall provide a copy of the order of

restitution to the department of corrections when the defendant is

remanded to the department's jurisdiction.

(20) The court shall not impose a fee on a victim, victim's

estate, or prosecuting attorney for enforcing an order of

restitution.

(21) If a person or entity entitled to restitution under this

section cannot be located, or refuses to claim ~~that~~ the

restitution within 2 years after the date on which he or she could

have claimed the restitution, or refuses to accept the restitution,

the restitution ~~paid~~ to which that person or entity is entitled

shall be deposited in the crime victim's rights fund created under

section 4 of 1989 PA 196, MCL 780.904, or its successor fund.

However, a person or entity entitled to that restitution may claim

that restitution any time by applying to the court that originally

ordered and collected it. The court shall notify the crime victim

services commission of the application and the commission shall

approve a reduction in the court's revenue transmittal to the crime

victim rights fund equal to the restitution owed to the person or

entity. The court shall use the reduction to reimburse that

restitution to the person or entity.

(22) The court may amend an order of restitution entered under

this section on a motion by the prosecuting attorney, the victim,

or the defendant based upon new information related to the injury,

damages, or loss for which the restitution was ordered.

(23) A court that receives notice that a defendant who has an

obligation to pay restitution under this section has declared

bankruptcy shall forward a copy of that notice to the prosecuting

attorney. The prosecuting attorney shall forward the notice to the

victim at the victim's last known address.

Sec. 16a. (1) If a person is subject to any combination of

fines, costs, restitution, assessments, probation or parole

supervision fees, or other payments arising out of the same

criminal proceeding, money collected from that person for the

payment of fines, costs, restitution, assessments, probation or

parole supervision fees, or other payments ordered to be paid in

that proceeding shall be allocated as provided in this section.

If a person is subject to fines, costs, restitution, assessments,

probation or parole supervision fees, or other payments in more

than 1 proceeding in a court and if a person making a payment on

the fines, costs, restitution, assessments, probation or parole

supervision fees, or other payments does not indicate the

proceeding for which the payment is made, the court shall first

apply the money paid to a proceeding in which there is unpaid

restitution to be allocated as provided in this section.

(2) Except as otherwise provided in this subsection, if a

person is subject to payment of victim payments and any combination

of other fines, costs, assessments, probation or parole supervision

fees, or other payments, 50% of each payment collected by the court

from that person shall be applied to payment of victim payments,

and the balance shall be applied to payment of fines, costs,

supervision fees, and other assessments or payments. If any fines,

costs, supervision fees, or other assessments or payments remain

unpaid after all of the victim payments have been paid, any

additional money collected shall be applied to payment of those

fines, costs, supervision fees, or other assessments or payments.

If any victim payments remain unpaid after all of the fines, costs,

supervision fees, or other assessments or payments have been paid,

any additional money collected shall be applied toward payment of

those victim payments.

(3) In cases involving prosecutions for violations of state

law, money allocated under subsection (2) for payment of fines,

costs, probation and parole supervision fees, and assessments or

payments other than victim payments shall be applied in the

following order of priority:

(a) Payment of the minimum state cost prescribed by section 1j

of chapter IX of the code of criminal procedure, 1927 PA 175, MCL

769.1j.

(b) Payment of other costs.

(d) Payment of probation or parole supervision fees.

(e) Payment of assessments and other payments, including

reimbursement to third parties who reimbursed a victim for his or

her loss.

(4) In cases involving prosecutions for violations of local

ordinances, money allocated under subsection (2) for payment of

fines, costs, and assessments or payments other than victim

payments shall be applied in the following order of priority:

(a) Payment of the minimum state cost prescribed by section 1j

of chapter IX of the code of criminal procedure, 1927 PA 175, MCL

769.1j.

(b) Payment of fines and other costs.

(5) As used in this section, "victim payment" means

restitution ordered to be paid to the victim ~~, to~~ or the victim's

estate, but not to a person who reimbursed the victim for his or

her loss; or an assessment ordered under section 5 of 1989 PA 196,

MCL 780.905.

Sec. 18. (1) A person convicted of a crime shall not derive

any profit from the sale of ~~his or her recollections, thoughts,~~

~~and feelings with regard to the offense committed by that person~~

any of the following until the victim receives any restitution or

compensation ordered for him or her against the defendant, ~~and~~

expenses of incarceration are ~~recovered as provided in~~ paid under

subsection (3), and ~~until~~ any balance in the escrow account

created under subsection (2) is ~~terminated~~ paid under subsection

(4): .

(a) The person's recollections of or thoughts or feelings

about the offense committed by the person.

(b) Memorabilia related to the offense committed by the

person.

increased by the person's notoriety.

(2) Upon the conviction of a defendant for a crime involving a

victim, and after notice to ~~any interested party~~ all interested

parties, an attorney for the county in which the conviction

occurred or the attorney general may petition the court in which

the conviction occurred to order that the defendant forfeit all or

any part of proceeds received or to be received by the defendant ,

or the defendant's representatives or assignees , from ~~contracts~~

any of the following:

(a) Contracts relating to the depiction of the crime or the

defendant's recollections, thoughts, or feelings about the crime,

in books, magazines, media entertainment, or live entertainment. ,

~~as provided in this section. The proceeds~~

(b) The sale of memorabilia relating to the crime.

has been enhanced or increased by the defendant's notoriety arising

from the crime.

(3) Proceeds ordered forfeited under subsection (2) shall be

held in an escrow account for a period of not more than 5 years.

(4) ~~(3)~~ During the existence of ~~the~~ an escrow account

created under subsection (3), proceeds in the account shall be

distributed in the following priority to satisfy the following:

(a) An order of restitution entered under ~~sections 16 and 17~~

section 16.

(b) Any civil judgment in favor of the victim against ~~that~~

the defendant.

to the county act, ~~Act No. 118 of the Public Acts of 1984, being~~

~~sections 801.81 to 801.93 of the Michigan Compiled Laws, or ordered~~

~~under~~ 1984 PA 118, MCL 801.81 to 801.93, or the state correctional

facility reimbursement act, ~~Act No. 253 of the Public Acts of~~

~~1935, being sections 800.401 to 800.406 of the Michigan Compiled~~

~~Laws~~ 1935 PA 253, MCL 800.401 to 800.406.

(d) Fines, costs, and other assessments ordered against the

defendant.

(5) ~~(4) The~~ A balance remaining in ~~the~~ an escrow account

created under subsection (3) at the end of the escrow period shall

be paid to the crime victim's rights ~~assessment~~ fund created in

section 4 of 1989 PA 196, MCL 780.904.

Sec. 18a. (1) Upon the request of the victim, the prosecuting

attorney shall notify the victim of the following:

(a) That the defendant filed an appeal of his or her

conviction or sentence or that the prosecuting attorney filed an

appeal.

(b) Whether the defendant has been ordered released on bail or

other recognizance pending the disposition of the appeal. If the

prosecuting attorney is notified that the defendant has been

ordered released on bail or other recognizance pending disposition

of the appeal, the prosecuting attorney shall use any means

reasonably calculated to give the victim notice of that order

within 24 hours after the prosecuting attorney is notified of the

order.

oral arguments and any changes in the time or place of those

~~proceedings~~ arguments.

(d) The result of the appeal. If the conviction is ordered

reversed, the sentence is vacated, the case is remanded for a new

trial, or the prosecuting attorney's appeal is denied, and if the

prosecuting attorney has filed the appropriate notice with the

appellate court, the appellate court shall expedite delivery of the

relevant document to the prosecuting attorney's office by any means

reasonably calculated to give the prosecuting attorney prompt

notice. The prosecuting attorney shall use any means reasonably

calculated to give the victim notice of that order within 24 hours

after the prosecuting attorney is notified of the order.

(2) If the prosecuting attorney is not successful in notifying

the victim of an event described in subsection (1) within the

period set forth in that subsection, the prosecuting attorney shall

notify the victim of that event as soon as possible by any means

reasonably calculated to give the victim prompt actual notice.

(3) ~~Upon the request of the victim, the~~ The prosecuting

attorney shall provide the victim with a brief explanation in plain

English of the appeal process, including the possible dispositions.

(4) If the case is returned to the trial court for further

proceedings or a new trial, the victim has the same rights as

previously requested during the proceedings that led to the appeal.

Sec. 19. (1) Upon the victim's written request, the sheriff or

the department of corrections shall mail to the victim the

following, as applicable, about a prisoner who has been sentenced

to imprisonment under the jurisdiction of the sheriff or the

department for the crime against that victim:

(a) Within 30 days after the request, notice of the sheriff's

calculation of the prisoner's earliest release date or the

department's calculation of the prisoner's earliest parole

eligibility date, with all potential good time or disciplinary

credits considered, if the sentence of imprisonment exceeds 90

days. ~~The victim may request 1-time only notice of the calculation~~

~~described in this subdivision.~~

(b) Notice of the prisoner's transfer or pending transfer to a

minimum security facility and the facility's address.

community residential program or under furlough; any other transfer

to community status; any transfer from 1 community residential

program or electronic monitoring program to another; or any

transfer from a community residential program or electronic

monitoring program to a state correctional facility.

(d) Notice of the escape of the person accused, convicted, or

imprisoned for committing a crime against the victim, as provided

in section 20.

(e) Notice of the victim's right to address or submit a

written statement for consideration by a parole board member or a

member of any other panel having authority over the prisoner's

release on parole, as provided in section 21.

(f) Notice of the decision of the parole board, or any other

panel having authority over the prisoner's release on parole, after

a parole review, as provided in section ~~21(3)~~ 21.

(g) Notice of the release of a prisoner 90 days before the

date of the prisoner's discharge from prison, unless the notice has

been otherwise provided under this article.

(h) Notice of a public hearing under section 44 of the

corrections code of 1953, 1953 PA 232, MCL 791.244, regarding a

reprieve, commutation, or pardon of the prisoner's sentence by the

governor.

(i) Notice that a reprieve, commutation, or pardon has been

granted.

(j) Notice that a prisoner has had his or her name legally

changed while on parole or within 2 years after release from

parole.

(k) Notice that a prisoner has been convicted of a new crime.

(l) Notice that a prisoner has been returned from parole status

to a correctional facility due to an alleged violation of the

conditions of his or her parole.

(2) A victim's address and telephone number maintained by a

sheriff or the department of corrections upon a request for notice

under ~~subsection (1) is~~ this section are exempt from disclosure

under the freedom of information act, 1976 PA 442, MCL 15.231 to

15.246.

Sec. 19a. (1) On a victim's written request, the director of a

hospital or facilty where a defendant found not guilty by reason of

insanity has been hospitalized or admitted by court order shall

notify the victim of the following:

(a) A pending transfer of the defendant to a less secure

hospital or facility.

(b) A pending transfer of the defendant to alternative care or

treatment or community placement.

confinement for the defendant, whether temporary or permanent.

(2) A notice required by subsection (1) shall be given by any

means reasonably calculated to give the victim prompt actual

notice.

(3) A victim's address and telephone number maintained by a

hospital or facility under this section is exempt from disclosure

under the freedom of information act, 1976 PA 442, MCL 15.231 to

15.246.

Sec. 20. (1) ~~As provided in subsection (2) or (3),~~ The

person designated in subsections (2) to (4) shall give a victim who

requests notice ~~of the escape~~ and the prosecuting attorney who is

prosecuting or has prosecuted the crime for which ~~the person~~ a

defendant is detained, or under sentence, ~~shall be given~~

hospitalized, or admitted to a facility immediate notice of the

escape of the ~~person~~ defendant accused, convicted, or

imprisoned, hospitalized, or admitted for committing a crime

against the victim. The notice shall be given by any means

reasonably calculated to give prompt actual notice.

(2) If ~~the~~ an escape for which a notice under this section

is required occurs before ~~the~~ sentence is executed or before the

defendant is delivered to the department of corrections,

hospitalized, or admitted to a facility, the chief law enforcement

officer of the agency in charge of the person's detention shall

give notice of the escape to the prosecuting attorney, who shall

then give notice of the escape to a the victim who requested

notice.

(3) If the defendant is confined ~~pursuant to~~ under a

sentence, the notice required under this section shall be given by

the chief administrator of the place in which the prisoner is

confined.

(4) If the defendant is hospitalized under an order of

hospitalization or admitted to a facility under an order of

admission, the notice required under this section shall be given by

the director of the hospital in which the defendant is hospitalized

or by the director of the facility to which the defendant is

admitted.

Sec. 21. (1) A victim ~~shall have~~ has the right to address or

submit a written statement for consideration by a parole board

member or a member of any other panel having authority over the

prisoner's release on parole.

(2) Not less than 30 days before a review of the prisoner's

release, a victim who has requested notice under section 19(1)(f)

shall be given written notice by the department of corrections

informing the victim of the pending review and of victims' rights

under this section. The victim, at his or her own expense, may be

represented by counsel at the review.

(3) A victim shall receive notice of the decision of the board

or panel and, if applicable, notice of the date of the prisoner's

release on parole. Notice shall be mailed within a reasonable time

after the board or panel reaches its decision but not later than 14

days after the board or panel has reached its decision. The notice

shall include a statement of the victim's right to appeal a parole

decision, as allowed under section ~~34(9)~~ 34 of the corrections

code of 1953, 1953 PA 232, MCL 791.234.

(4) A record of an oral statement or a written statement made

under subsection (1) is exempt from disclosure under the freedom of

information act, 1976 PA 442, MCL 15.231 to 15.246.

Sec. 31. (1) Except as otherwise defined in this article, as

used in this article:

(a) "County juvenile agency" means that term as defined in

section 2 of the county juvenile agency act, 1998 PA 518, MCL

45.622.

(b) "Court" means the family division of circuit court.

which the juvenile is to be tried in the same manner as an adult

under section 2d of chapter XIIA of the probate code of 1939, 1939

PA 288, MCL 712A.2d.

(d) "Juvenile" means an individual alleged or found to be

within the court's jurisdiction under section 2(a)(1) of chapter

XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2, for an

offense, including, but not limited to, an individual in a

designated case.

(e) "Juvenile facility" means a county facility, an

institution operated as an agency of the county or the court, or an

institution or agency described in the youth rehabilitation

services act, 1974 PA 150, MCL 803.301 to 803.309, to which a

juvenile has been committed or in which a juvenile is detained.

(f) "Offense" means 1 or more of the following:

(i) A violation of a penal law of this state for which a

juvenile offender, if convicted as an adult, may be punished by

imprisonment for more than 1 year or an offense expressly

designated by law as a felony.

(ii) A violation of section 81 (assault and battery, including

domestic violence), 81a (assault; infliction of serious injury,

including aggravated domestic violence), 115 (breaking and entering

or illegal entry), ~~136b(5)~~ 136b(6) (child abuse in the fourth

degree), 145 (contributing to the neglect or delinquency of a

minor), 145a (enticing a child for immoral purposes), 145d (using

the internet or a computer to make a prohibited communication), 233

(intentionally aiming a firearm without malice), 234 (discharge of

a firearm intentionally aimed at a person), 235 (discharge of an

intentionally aimed firearm resulting in injury), 335a (indecent

exposure), or 411h (stalking) of the Michigan penal code, 1931 PA

328, MCL 750.81, 750.81a, 750.115, 750.136b, 750.145, 750.145a,

750.145d, 750.233, 750.234, 750.235, 750.335a, and 750.411h.

(iii) A violation of section 601b(2) (injuring a worker in a

work zone) or 617a (leaving the scene of a personal injury

accident) of the Michigan vehicle code, 1949 PA 300, MCL 257.601b

and 257.617a, or a violation of section 625 (operating a vehicle

while under the influence of or impaired by intoxicating liquor or

a controlled substance, or with unlawful blood alcohol content) of

that act, MCL 257.625, if the violation involves an accident

resulting in damage to another individual's property or physical

injury or death to another individual.

(iv) Selling or furnishing alcoholic liquor to an individual

less than 21 years of age in violation of section 33 of the former

1933 (Ex Sess) PA 8, or section 701 of the Michigan liquor control

code of 1998, 1998 PA 58, MCL 436.1701, if the violation results in

physical injury or death to any individual.

(v) A violation of section 80176(1) or (3) (operating a vessel

while under the influence of or impaired by intoxicating liquor or

a controlled substance, or with unlawful blood alcohol content) of

the natural resources and environmental protection act, 1994 PA

451, MCL 324.80176, if the violation involves an accident resulting

in damage to another individual's property or physical injury or

death to any individual.

(vi) A violation of a local ordinance substantially

corresponding to a law enumerated in subparagraphs (i) to (v).

(vii) A violation described in subparagraphs (i) to (vi) that is

subsequently reduced to a violation not included in subparagraphs

(i) to (vi).

(g) "Person" means an individual, organization, partnership,

corporation, or governmental entity.

(h) "Prosecuting attorney" means the prosecuting attorney for

a county, an assistant prosecuting attorney for a county, the

attorney general, the deputy attorney general, an assistant

attorney general, a special prosecuting attorney, or, in connection

with the prosecution of an ordinance violation, an attorney for the

political subdivision that enacted the ordinance upon which the

violation is based.

(i) "Victim" means any of the following:

(i) A person who suffers direct or threatened physical,

financial, or emotional harm as a result of the commission of an

offense, except as provided in subparagraph (ii), (iii), or (iv).

(ii) The following individuals other than the juvenile if the

victim is deceased:

(A) The spouse of the deceased victim.

(B) A child of the deceased victim if the child is 18 years of

age or older and sub-subparagraph (A) does not apply.

(B) do not apply.

(D) The guardian or custodian of a child of a deceased victim

if the child is less than 18 years of age and sub-subparagraphs (A)

to (C) do not apply.

(E) A sibling of the deceased victim if sub-subparagraphs (A)

to (D) do not apply.

(F) A grandparent of the deceased victim if sub-subparagraphs

(A) to (E) do not apply.

(iii) A parent, guardian, or custodian of a victim who is less

than 18 years of age and who is neither the defendant nor

incarcerated, if the parent, guardian, or custodian so chooses.

(iv) A parent, guardian, or custodian of a victim who is

mentally or emotionally unable to participate in the legal process

if he or she is neither the defendant nor incarcerated.

(2) If a victim as defined in subsection ~~(1)(h)(~~i) (1)(i)(i)

is physically or emotionally unable to exercise the privileges and

rights under this article, the victim may designate his or her

spouse, child 18 years of age or older, parent, sibling,

grandparent, or any other person 18 years of age or older who is

neither the defendant nor incarcerated to act in his or her place

while the physical or emotional disability continues. The victim

shall provide the prosecuting attorney with the name of the person

who is to act in his or her place. During the physical or emotional

disability, notices to be provided under this article to the victim

shall continue to be sent only to the victim.

(3) An individual who is charged with an offense arising out

of the same transaction from which the charge against the defendant

arose is not eligible to exercise the privileges and rights

established for victims under this article.

Sec. 44. (1) ~~For purposes of~~ As used in this section only:

(a) "Offense" means a violation of a penal law of this state

or a violation of an ordinance of a local unit of government of

this state punishable by imprisonment or by a fine that is not a

civil fine.

(b) "Victim" means an individual who suffers direct or

threatened physical, financial, or emotional harm as a result of

the commission of an offense. ~~For purposes of~~ As used in

subsections (2), (3), (6), (8), (9), and (13) only, victim includes

a sole proprietorship, partnership, corporation, association,

governmental entity, or any other legal entity that suffers direct

physical or financial harm as a result of an offense.

(2) Except as provided in subsection (8), at the dispositional

hearing or sentencing for an offense, the court shall order, in

addition to or in lieu of any other disposition or penalty

authorized by law, that the juvenile make full restitution to any

victim of the juvenile's course of conduct that gives rise to the

disposition or conviction or to the victim's estate. For an offense

that is resolved informally by means of a consent calendar

diversion or any other informal method that does not result in a

dispositional hearing, the court shall order the restitution

required under this section.

(3) If an offense results in damage to or loss or destruction

of property of a victim of the offense or results in the seizure or

impoundment of property of a victim of the offense, the order of

restitution ~~may~~ shall require that the juvenile do 1 or more of

the following, as applicable:

(a) Return the property to the owner of the property or to a

person designated by the owner.

(b) If return of the property under subdivision (a) is

impossible, impractical, or inadequate, pay an amount equal to the

greater of subparagraph (i) or (ii), less the value, determined as of

the date the property is returned, of that property or any part of

the property that is returned:

(i) The value of the property on the date of the damage, loss,

or destruction.

(ii) The value of the property on the date of disposition.

(4) If an offense results in physical or psychological injury

to a victim, the order of restitution ~~may~~ shall require that the

juvenile do 1 or more of the following, as applicable:

(a) Pay an amount equal to the reasonably determined cost of

medical and related professional services and devices actually

incurred and reasonably expected to be incurred relating to

physical and psychological care.

(b) Pay an amount equal to the reasonably determined cost of

physical and occupational therapy and rehabilitation actually

incurred and reasonably expected to be incurred.

income loss suffered by the victim as a result of the offense.

(d) Pay an amount equal to the reasonably determined cost of

psychological and medical treatment for members of the victim's

family actually incurred or reasonably expected to be incurred as a

result of the offense.

(e) Pay an amount equal to the reasonably determined costs of

homemaking and child care expenses actually incurred or reasonably

expected to be incurred as a result of the offense or, if

homemaking or child care is provided without compensation by a

relative, friend, or any other person, an amount equal to the costs

that would reasonably be incurred as a result of the offense for

that homemaking and child care, based on the rates in the area for

comparable services.

(f) Pay an amount equal to the cost of actual funeral and

related services.

(g) If the deceased victim could be claimed as a dependent by

his or her parent or guardian on the parent's or guardian's

federal, state, or local income tax returns, pay an amount equal to

the loss of the tax deduction or tax credit. The amount of

reimbursement shall be estimated for each year the victim could

reasonably be claimed as a dependent.

(h) Pay an amount equal to income actually lost by the spouse,

parent, sibling, child, or grandparent of the victim because the

family member left his or her employment, temporarily or

permanently, to care for the victim because of the injury.

(5) If an offense resulting in bodily injury also results in

the death of a victim or serious impairment of a body function of a

victim, the court may order up to 3 times the amount of restitution

otherwise allowed under this section. As used in this subsection,

"serious impairment of a body function of a victim" includes, but

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

(a) Loss of a limb or use of a limb.

(b) Loss of a hand or foot or use of a hand or foot.

(d) Loss or substantial impairment of a bodily function.

(e) Serious visible disfigurement.

(f) A comatose state that lasts for more than 3 days.

(g) Measurable brain damage or mental impairment.

(h) A skull fracture or other serious bone fracture.

(i) Subdural hemorrhage or subdural hematoma.

(j) Loss of a body organ.

(6) If the victim or victim's estate consents, the order of

restitution may require that the juvenile make restitution in

services in lieu of money.

(7) If the victim is deceased, the court shall order that the

restitution be made to the victim's estate.

(8) The court shall order restitution to the crime victim

services commission or to any individuals, partnerships,

corporations, associations, governmental entities, or other legal

entities that have compensated the victim or the victim's estate

for a loss incurred by the victim to the extent of the compensation

paid for that loss. The court shall also order restitution for the

costs of services provided to persons or entities that have

provided services to the victim as a result of the offense.

Services that are subject to restitution under this subsection

include, but are not limited to, shelter, food, clothing, and

transportation. However, an order of restitution shall require that

all restitution to a victim or victim's estate under the order be

made before any restitution to any other person or entity under

that order is made. The court shall not order restitution to be

paid to a victim or victim's estate if the victim or victim's

estate has received or is to receive compensation for that loss,

and the court shall state on the record with specificity the

reasons for its action.

(9) Any amount paid to a victim or victim's estate under an

order of restitution shall be set off against any amount later

recovered as compensatory damages by the victim or the victim's

estate in any federal or state civil proceeding and shall reduce

the amount payable to a victim or a victim's estate by an award

from the crime victim services commission made after an order of

restitution under this section.

(10) If not otherwise provided by the court under this

subsection, restitution shall be made immediately. However, the

court may require that the juvenile make restitution under this

section within a specified period or in specified installments.

(11) If the juvenile is placed on probation, any restitution

ordered under this section shall be a condition of that probation.

The court may revoke probation if the juvenile fails to comply with

the order and if the juvenile has not made a good faith effort to

comply with the order. In determining whether to revoke probation,

the court shall consider the juvenile's employment status, earning

ability, and financial resources, the willfulness of the juvenile's

failure to pay, and any other special circumstances that may have a

bearing on the juvenile's ability to pay.

(12) A Subject to subsection (18), a juvenile who is

required to pay restitution and who is not in willful default of

the payment of the restitution may at any time petition the court

to modify the method of payment. If the court determines that

payment under the order will impose a manifest hardship on the

juvenile or his or her immediate family, and if the court also

determines that modifying the method of payment will not impose a

manifest hardship on the victim, the court may modify the method of

payment.

(13) An order of restitution entered under this section

remains effective until it is satisfied in full. An order of

restitution is a judgment and lien against all property of the

individual ordered to pay restitution for the amount specified in

the order of restitution. The lien may be recorded as provided by

law. An order of restitution may be enforced by the prosecuting

attorney, a victim, a victim's estate, or any other person or

entity named in the order to receive the restitution in the same

manner as a judgment in a civil action or a lien.

(14) Notwithstanding any other provision of this section, a

juvenile shall not be detained or imprisoned for a violation of

probation or parole or otherwise for failure to pay restitution as

ordered under this section unless the court determines that the

juvenile has the resources to pay the ordered restitution and has

not made a good faith effort to do so.

(15) If the court determines that the juvenile is or will be

unable to pay all of the restitution ordered, after notice to the

juvenile's parent or parents and an opportunity for the parent or

parents to be heard, the court may order the parent or parents

having supervisory responsibility for the juvenile at the time of

the acts upon which an order of restitution is based to pay any

portion of the restitution ordered that is outstanding. An order

under this subsection does not relieve the juvenile of his or her

obligation to pay restitution as ordered, but the amount owed by

the juvenile shall be offset by any amount paid by his or her

parent. As used in this subsection, "parent" does not include a

foster parent.

(16) If the court orders a parent to pay restitution under

subsection (15), the court shall take into account the parent's

financial resources and the burden that the payment of restitution

will impose, with due regard to any other moral or legal financial

obligations the parent may have. If a parent is required to pay

restitution under subsection (15), the court shall provide for

payment to be made in specified installments and within a specified

period of time.

(17) A parent who has been ordered to pay restitution under

subsection (15) may petition the court for a modification of the

amount of restitution owed by the parent or for a cancellation of

any unpaid portion of the parent's obligation. The court shall

cancel all or part of the parent's obligation due if the court

determines that payment of the amount due will impose a manifest

hardship on the parent and if the court also determines that

modifying the method of payment will not impose a manifest hardship

on the victim.

(18) In each case in which payment of restitution is ordered

as a condition of probation, the court ~~may~~ shall order any

employed juvenile to make regularly scheduled restitution payments.

If the juvenile misses 2 or more regularly scheduled payments, the

court shall order the juvenile to execute a wage assignment to pay

the restitution. The juvenile caseworker or probation officer

assigned to the case shall review the case not less than twice

yearly to ensure that restitution is being paid as ordered. If the

restitution was ordered to be made within a specific period of

time, the juvenile caseworker or probation officer assigned to the

case shall review the case at the end of the specific period of

time to determine if the restitution has been paid in full. The

final review shall be conducted not less than 60 days before the

probationary period expires. If the juvenile caseworker or

probation officer determines at any review the restitution is not

being paid as ordered, the juvenile caseworker or probation officer

shall file a written report of the violation with the court on a

form prescribed by the state court administrative office or shall

petition the court for a probation violation. The report or

petition shall include a statement of the amount of the arrearage,

and any reasons for the arrearage known by the juvenile caseworker

or probation officer. The juvenile caseworker or probation officer

shall immediately provide a copy of the report or petition to the

prosecuting attorney. If a petition or motion is filed or other

proceedings are initiated to enforce payment of restitution and the

court determines that restitution is not being paid or has not been

paid as ordered by the court, the court shall promptly take action

necessary to compel compliance.

(19) If the court determines that an individual who is ordered

to pay restitution under this section is remanded to the

jurisdiction of the department of corrections, the court shall

provide a copy of the order of restitution to the department of

corrections when the court determines that the individual is