Criminal procedure: probation; probation for certain major controlled substances offenses; allow. Amends sec. 1, ch. XI of 1927 PA 175 (MCL 771.1). TIE BAR WITH: SB 0430'25
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Overview
This bill changes probation rules for certain felony and misdemeanor offenses, specifically major controlled substance crimes. It allows courts to place defendants on probation if they are unlikely to re-offend and the public interest allows, even after a guilty verdict. The bill also establishes a fee for probation supervision, which can be waived for indigent individuals and adjusted based on whether electronic monitoring is used.
Key provisions
- Allows probation for defendants convicted of major controlled substance offenses.
- Allows courts to delay sentencing for up to one year to assess a defendant’s eligibility for probation.
- Establishes a supervision fee of $30 per month for probation without electronic monitoring, and $60 per month with electronic monitoring.
- The fee can be waived if the individual is determined to be indigent.
- Defines ‘electronic monitoring device’ for the purpose of the bill.
- Excludes juvenile offenders from the probation provisions.
- Requires Senate Bill 430 to be enacted for the bill to take effect.
- Sets a 90-day waiting period before the bill takes effect.
Who is affected
- Defendants convicted of major controlled substance offenses
- Probation officers
- Department of Corrections
- Judges
- Individuals subject to probation supervision
Notable changes
Bill text
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