HB-4588, As Passed Senate, September 29, 2005

 

 

 

 

 

 

 

 

 

 

 

 

SENATE SUBSTITUTE FOR

 

HOUSE BILL NO. 4588

 

 

 

 

 

 

 

 

 

 

 

 

     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

 

sections 17a, 19a, 46b, and 80a.

 

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.

 

     (c) "Defendant" means a person charged with,  or  convicted

 

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 100b 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.

 

     (C) A parent of a deceased victim if sub-subparagraphs (A) and

 

(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.

 

     (c) A convenient means for the victim to notify the

 

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.

 

     (c) The  family independence agency  department of human

 

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

 

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

 

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.

 

     (c) Pay the costs of the seizure or impoundment, or both.

 

     (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.

 

     (c) Reimburse the victim or the victim's estate for after-tax

 

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.

 

     (c) Loss of an eye or use of an eye or ear.

 

     (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.

 

     (24) If the victim is a minor, the order of restitution shall

 

require the defendant to pay to a parent of the victim an amount

 

that is determined to be reasonable for any of the following that

 

are actually incurred or reasonably expected to be incurred by the

 

parent as a result of the crime:

 

     (a) Homemaking and child care expenses.

 

     (b) Income loss not ordered to be paid under subsection

 

(4)(h).

 

     (c) Mileage.

 

     (d) Lodging or housing.

 

     (e) Meals.

 

     (f) Any other cost incurred in exercising the rights of the

 

victim or a parent under this act.

 

     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.

 

     (c) Payment of fines.

 

     (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.

 

     (c) Payment of assessments and other payments.

 

     (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. 17a. (1) If a defendant who has been sentenced to the

 

department of corrections is ordered to pay restitution under

 

section 16, and if the defendant receives more than $50.00 in a

 

month, the department of corrections shall deduct 50% of the amount

 


over $50.00 received by the defendant for payment of the

 

restitution. The department of corrections shall promptly send the

 

deducted money to the crime victim as provided in the order of

 

restitution when it accumulates to an amount that exceeds $100.00,

 

or when the defendant is paroled, transferred to community

 

programs, or discharged on the maximum sentence.

 

     (2) If a defendant who has been sentenced to jail is ordered

 

to pay restitution under section 16, and if the defendant receives

 

more than $50.00 in a month, the sheriff shall deduct 50% of the

 

amount over $50.00 received by the defendant for payment of the

 

restitution. The sheriff shall promptly send the deducted money to

 

the crime victim as provided in the order of restitution when it

 

accumulates to an amount that exceeds $100.00, or when the

 

defendant is released to probation or discharged on the maximum

 

sentence.

 

     (3) The department of corrections or sheriff, as applicable,

 

shall notify the defendant in writing of all deductions and

 

payments made under this section. The requirements of this section

 

remain in effect until all of the restitution has been paid. The

 

department of corrections or sheriff shall not enter into any

 

agreement with a defendant that modifies the requirements of this

 

section. An agreement in violation of this subsection is void.

 

     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.

 

     (c) The person's property if its value has been enhanced or

 

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.

 

     (c) The sale of property of the defendant, the value of which

 

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.

 

     (c) Any reimbursement ordered under the prisoner reimbursement

 

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.

 

     (c) The time and place of any appellate court  proceedings  

 

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.

 

     (c) Notice of the prisoner's release or pending release in a

 

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, community placement, or aftercare reintegration.

 

     (c) A pending leave, absence, furlough, or other release from

 

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.

 

     (c) "Designated case" means a case designated as a case in

 

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.

 

     (C) A parent of a deceased victim if sub-subparagraphs (A) and

 

(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  by another informal method that does not

 

result in a dispositional hearing, by assignment to youthful

 

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 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.

 

     (c) Pay the costs of the seizure or impoundment, or both.

 

     (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.

 

     (c) Reimburse the victim or the victim's estate for after-tax

 

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.

 

     (c) Loss of an eye or use of an eye or ear.

 

     (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

 

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.

 

     (24) If the victim is a minor, the order of restitution shall

 

require the defendant to pay to a parent of the victim an amount

 

that is determined to be reasonable for any of the following that

 


are actually incurred or reasonably expected to be incurred by the

 

parent as a result of the crime:

 

     (a) Homemaking and child care expenses.

 

     (b) Income loss not ordered to be paid under subsection

 

(4)(h).

 

     (c) Mileage.

 

     (d) Lodging or housing.

 

     (e) Meals.

 

     (f) Any other cost incurred in exercising the rights of the

 

victim or a parent under this act.

 

     Sec. 44a. (1) If a juvenile 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 juvenile 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

 

juvenile 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 juvenile 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.

 

     (c) Payment of fines.

 

     (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.

 

     (c) Payment of assessments and other payments.

 

     (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. 46. (1) Upon the request of the victim, the prosecuting

 

attorney shall notify the victim of the following:

 

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

 

adjudication, conviction, disposition, or sentence or the

 

prosecuting attorney filed an appeal.

 

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

 

other recognizance pending the disposition of the appeal. If the

 

prosecuting attorney is notified that the juvenile 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.

 

     (c) The time and place of any appellate court  proceedings

 


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

 

proceedings  arguments.

 

     (d) The result of the appeal. If the disposition or 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 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. 46b. (1) If a juvenile who has been sentenced to the

 

department of corrections is ordered to pay restitution under

 

section 44, and if the juvenile receives more than $50.00 in a

 


month, the department of corrections shall deduct 50% of the amount

 

over $50.00 received by the juvenile for payment of the

 

restitution. The department of corrections shall promptly send the

 

deducted money to the crime victim as provided in the order of

 

restitution when it accumulates to an amount that exceeds $100.00,

 

or when the juvenile is paroled, transferred to community programs,

 

or discharged on the maximum sentence.

 

     (2) If a juvenile who has been sentenced to jail is ordered to

 

pay restitution under section 44, and if the juvenile receives more

 

than $50.00 in a month, the sheriff shall deduct 50% of the amount

 

over $50.00 received by the juvenile for payment of the

 

restitution. The sheriff shall promptly send the deducted money to

 

the crime victim as provided in the order of restitution when it

 

accumulates to an amount that exceeds $100.00, or when the juvenile

 

is released to probation or discharged on the maximum sentence.

 

     (3) If a juvenile who has been placed in a juvenile facility

 

is ordered to pay restitution under section 44, and if the juvenile

 

receives more than $50.00 in a month, the department of human

 

services or the county juvenile agency, as applicable, shall deduct

 

50% of the amount over $50.00 received by the juvenile for payment

 

of the restitution. The department of human services or the county

 

juvenile agency, as applicable, shall promptly send the deducted

 

money to the crime victim as provided in the order of restitution

 

when it accumulates to an amount that exceeds $100.00, or when the

 

juvenile is released from the juvenile facility.

 

     (4) The department of corrections, sheriff, department of

 

human services, or county juvenile agency, as applicable, shall

 


notify the juvenile in writing of all deductions and payments made

 

under this section. The requirements of this section remain in

 

effect until all of the restitution has been paid. The department

 

of corrections, sheriff, department of human services, or county

 

juvenile agency shall not enter into any agreement with a juvenile

 

that modifies the requirements of this section. An agreement in

 

violation of this subsection is void.

 

     Sec. 47. (1) A juvenile adjudicated for an offense shall not

 

derive any profit from the sale of  his or her recollections,

 

thoughts, and feelings with regard to the offense committed by that

 

juvenile  any of the following until the victim receives any

 

restitution or compensation ordered for him or her against the

 

juvenile,  and expenses of detention are  recovered as provided in  

 

paid under subsection (3),  and until  and any balance in the

 

escrow account created under subsection (2) is  terminated  paid

 

under subsection (4):  .

 

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

 

about the offense committed by the juvenile.

 

     (b) Memorabilia related to the offense committed by the

 

juvenile.

 

     (c) The juvenile's property if its value has been enhanced or

 

increased by the juvenile's notoriety.

 

     (2) Upon the disposition of a juvenile offense involving a

 

victim, and after notice to  any interested party  all interested

 

parties, an attorney for the county in which the disposition

 

occurred or the attorney general may petition the court in which

 

the disposition occurred to order that the juvenile forfeit all or

 


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

 

or the juvenile's representatives or assignees  ,  from  contracts  

 

any of the following:

 

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

 

juvenile's recollections, thoughts, or feelings about the offense,

 

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

 

as provided in this section. The proceeds

 

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

 

     (c) The sale of property of the juvenile, the value of which

 

has been enhanced or increased by the juvenile'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 44 and 45  

 

section 44.

 

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

 

the juvenile.

 

     (c) Any reimbursement for detention ordered under section 18

 

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

 

section 712A.18 of the Michigan Compiled Laws  the probate code of

 

1939, 1939 PA 288, MCL 712A.18.

 

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

 

juvenile.

 

     (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

 

under section 4 of 1989 PA 196, MCL 780.904.

 

     Sec. 61. (1) Except as otherwise defined in this article, as

 

used in this article:

 

     (a) "Serious misdemeanor" means 1 or more of the following:

 

     (i) A violation of section 81 of the Michigan penal code, 1931

 

PA 328, MCL 750.81, assault and battery, including domestic

 

violence.

 

     (ii) A violation of section 81a of the Michigan penal code,

 

1931 PA 328, MCL 750.81a, assault; infliction of serious injury,

 

including aggravated domestic violence.

 

     (iii) A violation of section 115 of the Michigan penal code,

 

1931 PA 328, MCL 750.115, breaking and entering or illegal entry.

 

     (iv) A violation of section 136b(6) of the Michigan penal code,

 

1931 PA 328, MCL 750.136b, child abuse in the fourth degree.

 

     (v) A violation of section 145 of the Michigan penal code,

 

1931 PA 328, MCL 750.145, contributing to the neglect or

 

delinquency of a minor.

 

     (vi)  (v)  A violation of section 145a of the Michigan penal

 

code, 1931 PA 328, MCL 750.145a, enticing a child for immoral

 

purposes.

 

     (vii) A misdemeanor violation of section 145d of the Michigan

 

penal code, 1931 PA 328, MCL 750.145d, using the internet or a

 

computer to make a prohibited communication.

 

     (viii) A violation of section 233 of the Michigan penal code,

 

1931 PA 238, MCL 750.233, intentionally aiming a firearm without

 


malice.

 

     (ix)  (vi)  A violation of section 234 of the Michigan penal

 

code, 1931 PA 328, MCL 750.234, discharge of a firearm

 

intentionally aimed at a person.

 

     (x)  (vii)  A violation of section 235 of the Michigan penal

 

code, 1931 PA 328, MCL 750.235, discharge of an intentionally aimed

 

firearm resulting in injury.

 

     (xi)  (viii)  A violation of section 335a of the Michigan penal

 

code, 1931 PA 328, MCL 750.335a, indecent exposure.

 

     (xii) A violation of section 411h of the Michigan penal code,

 

1931 PA 328, MCL 750.411h, stalking.

 

     (xiii) A violation of section 601b(2) of the Michigan vehicle

 

code, 1949 PA 300, MCL 257.601b, injuring a worker in a work zone.

 

     (xiv)  (ix)  A violation of section 617a of the Michigan vehicle

 

code, 1949 PA 300, MCL 257.617a, leaving the scene of a personal

 

injury accident.

 

     (xv)  (x)  A violation of section 625 of the Michigan vehicle

 

code, 1949 PA 300, MCL 257.625, operating a vehicle while under the

 

influence of or impaired by intoxicating liquor or a controlled

 

substance, or with an unlawful blood alcohol content, if the

 

violation involves an accident resulting in damage to another

 

individual's property or physical injury or death to another

 

individual.

 

     (xvi)  (xi)  Selling or furnishing alcoholic liquor to an

 

individual less than 21 years of age in violation of 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.

 

     (xii) A violation of section 411h of the Michigan penal code,

 

1931 PA 328, MCL 750.411h, stalking.

 

     (xvii)  (xiii)  A violation of section 80176(1) or (3) of the

 

natural resources and environmental protection act, 1994 PA 451,

 

MCL 324.80176, operating a vessel while under the influence of or

 

impaired by intoxicating liquor or a controlled substance, or with

 

an unlawful blood alcohol content, if the violation involves an

 

accident resulting in damage to another individual's property or

 

physical injury or death to any individual.

 

     (xviii)  (xiv)  A violation of a local ordinance substantially

 

corresponding to a violation enumerated in subparagraphs (i) to  

 

(xiii)  (xvii).

 

     (xix)  (xv)  A violation charged as a crime or serious

 

misdemeanor enumerated in subparagraphs (i) to  (xiv)  (xviii) but

 

subsequently reduced to or pleaded to as a misdemeanor. As used in

 

this subparagraph, "crime" means that term as defined in section 2.

 

     (b) "Defendant" means a person charged with or convicted of

 

having committed a serious misdemeanor against a victim.

 

     (c) "Final disposition" means the ultimate termination of the

 

criminal prosecution of a defendant including, but not limited to,

 

dismissal, acquittal, or imposition of a sentence by the court.

 

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

 

corporation, or governmental entity.

 

     (e) "Prisoner" means a person who has been convicted and

 

sentenced to imprisonment for having committed a serious

 

misdemeanor against a victim.

 


     (f) "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.

 

     (g) "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

 

serious misdemeanor, 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.

 

     (C) A parent of a deceased victim if sub-subparagraphs (A) and

 

(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 so

 

mentally incapacitated that he or she cannot meaningfully

 

understand or participate in the legal process if he or she is not

 

the defendant and is not incarcerated.

 

     (2) If a victim as defined in subsection (1)(g)(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, or

 

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 place of the victim. 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 serious misdemeanor, a

 

crime as defined in section 2, or an offense as defined in section

 

31 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. 61a. A law enforcement officer or prosecuting attorney

 


who files with the court a complaint, appearance ticket, traffic

 

citation, or other charging instrument regarding a serious

 

misdemeanor described in section  61(1)(a)(x), (xi), or (xiii)  

 

61(1)(a)(xv), (xvi), or (xvii), or a local ordinance substantially

 

corresponding to a serious misdemeanor described in section

 

61(1)(a)(x), (xi), or (xiii)  61(1)(a)(xv), (xvi), or (xvii), shall place

 

a statement on the complaint, appearance ticket, traffic citation,

 

or other charging instrument that the offense resulted in damage to

 

another individual's property or physical injury or death to

 

another individual.

 

     Sec. 65.  (1)  Not later than 72 hours after the arrest of the

 

defendant for a serious misdemeanor, the law enforcement agency

 

having responsibility for investigating the serious misdemeanor

 

shall give to the victim notice of the availability of pretrial

 

release for the defendant, the phone number of the sheriff, and

 

notice that the victim may contact the sheriff to determine whether

 

the defendant has been released from custody. The law enforcement

 

agency having responsibility for investigating the crime shall

 

promptly notify the victim of the arrest or pretrial release of the

 

defendant, or both, if the victim requests or has requested that

 

information. If the defendant is released from custody by the

 

sheriff, the sheriff shall notify the law enforcement agency having

 

responsibility for investigating the crime.

 

     (2) If the victim submits an affidavit asserting acts or

 

threats of physical violence or intimidation by the defendant or at

 

the defendant's direction against the victim or the victim's

 

immediate family, the prosecuting attorney, based on the victim's

 


affidavit, may move that the bond or personal recognizance of a

 

defendant be revoked.

 

     Sec. 76. (1)  For purposes of  As used in this section only:

 

     (a) "Misdemeanor" means a violation of a law of this state or

 

a local ordinance that is punishable by imprisonment for not more

 

than 1 year or a fine that is not a civil fine, but that is not a

 

felony.

 

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

 

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

 

the commission of a misdemeanor.  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 misdemeanor.

 

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

 

defendant convicted of a misdemeanor, 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 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 misdemeanor results in damage to or loss or

 

destruction of property of a victim of the misdemeanor or results

 


in the seizure or impoundment of property of a victim of the

 

misdemeanor, 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.

 

     (c) Pay the costs of the seizure or impoundment, or both.

 

     (4) If a misdemeanor 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.

 

     (c) Reimburse the victim or the victim's estate for after-tax

 

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

 

     (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 misdemeanor.

 

     (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 misdemeanor 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 misdemeanor

 

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.

 

     (c) Loss of an eye or use of an eye or ear.

 

     (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 misdemeanor.

 

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 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 or sentence. The court may revoke probation or impose

 

imprisonment under the conditional sentence 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 impose imprisonment, the court 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 (15), 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

 

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 otherwise for failure to pay restitution

 

as ordered under this section unless the court determines that the

 


defendant has the resources to pay the ordered restitution and has

 

not made a good faith effort to do so.

 

     (15) 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.

 

     (16) If the court determines that 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 court determines that the defendant is

 

remanded to the department's jurisdiction.

 

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

 

estate, or prosecuting attorney for enforcing an order of

 

restitution.

 

     (18) 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.

 

     (19) 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.

 

     (20) 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.

 

     (21) If the victim is a minor, the order of restitution shall

 

require the defendant pay to a parent of the victim an amount that

 

is determined to be reasonable for any of the following that are

 

actually incurred or reasonably expected to be incurred by the

 

parent as a result of the crime:

 

     (a) Homemaking and child care expenses.

 

     (b) Income loss not ordered to be paid under subsection

 

(4)(h).

 

     (c) Mileage.

 

     (d) Lodging or housing.

 

     (e) Meals.

 

     (f) Any other cost incurred in exercising the rights of the

 

victim or a parent under this act.

 

     Sec. 76a. (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.

 

     (c) Payment of fines.

 

     (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.

 

     (c) Payment of assessments and other payments.

 

     (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. 78. (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.

 

     (c) The time and place of any appellate court  proceedings  

 

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. 80a. (1) If a defendant who has been sentenced to jail is

 

ordered to pay restitution under section 76, and if the defendant

 

receives more than $50.00 in a month, the sheriff shall deduct 50%

 

of the amount over $50.00 received by the defendant for payment of

 

the restitution. The sheriff shall promptly send the deducted money

 

to the crime victim as provided in the order of restitution when it

 

accumulates to an amount that exceeds $100.00, or when the

 

defendant is released to probation or discharged on the maximum

 

sentence.

 

     (2) The sheriff shall notify the defendant in writing of all

 

deductions and payments made under this section. The requirements

 

of this section remain in effect until all of the restitution has

 

been paid. The sheriff shall not enter into any agreement with a

 

defendant that modifies the requirements of this section. An

 

agreement in violation of this subsection is void.

 

     Sec. 81. (1) A person convicted of a serious misdemeanor 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.

 

     (c) The person's property if its value has been enhanced or

 

increased by the person's notoriety.

 

     (2) Upon the conviction of a defendant for a serious

 

misdemeanor 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.

 

     (c) The sale of property of the defendant, the value of which

 

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 section 76.

 

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

 

the defendant.

 

     (c) Any reimbursement ordered under the prisoner reimbursement

 

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  1984 PA

 

118, MCL 801.81 to 801.93, or ordered under 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.

 

     Enacting section 1. This amendatory act takes effect January

 

1, 2006.