Act No. 274 Public Acts of 2024 Approved by the Governor January 22, 2025 Filed with the Secretary of State January 22, 2025 EFFECTIVE DATE: April 2, 2025 state of michigan 102nd Legislature Regular session of 2024 Introduced by Rep. Meerman ENROLLED HOUSE BILL No. 4384 AN ACT to amend 1927 PA 175, entitled An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act, (MCL 760.1 to 777.69) by adding section 34b to chapter IX. The People of the State of Michigan enact: CHAPTER IX Sec. 34b. (1) The Michigan sentencing commission shall do all of the following: (a) Collect, prepare, analyze, and disseminate information regarding state and local sentencing and release policies. (b) Conduct ongoing research regarding the effectiveness of the sentencing guidelines in achieving the purposes set forth in subdivision (d). (c) In cooperation with the department of corrections, collect, analyze, and compile data and make projections regarding the populations and capacities of state correctional facilities, the impact of the sentencing guidelines, and the effectiveness of efforts to reduce recidivism. Measurement of recidivism must include, as applicable, analysis of both of the following: (i) Resentence rates and return-to-prison rates. (ii) 1-, 2-, 3-, and 4-year intervals after exiting prison or jail and after entering probation. (d) Develop recommended modifications to the sentencing guidelines. Any modifications to the sentencing guidelines must accomplish all of the following: (i) Provide for the protection of the public. (ii) Consider offenses involving violence against a person or serious and substantial pecuniary loss as more severe than other offenses. (iii) Be proportionate to the seriousness of the offense and the offenders prior criminal record. (iv) Reduce sentencing disparities based on factors other than offense characteristics and ensure that offenders with similar offense characteristics receive substantially similar sentences. (v) Specify the circumstances under which a term of imprisonment is proper and the circumstances under which intermediate sanctions are proper. (vi) Establish sentence ranges for imprisonment that the commission considers appropriate and are permitted by law. (e) Consider the suitability and impact of offense variable scoring with regard to victims and victims families and victim input and advice regarding sentences. (2) In developing modifications to the sentencing guidelines, the commission shall submit to the legislature a prison and jail impact report relating to any modifications to the sentencing guidelines. The report must include the projected impact on total capacity of state and local correctional facilities. (3) Modifications to sentencing guidelines must include recommended intermediate sanctions for each case in which the upper limit of the recommended minimum sentence range is 18 months or less. (4) Subject to this subsection, the commission may recommend modifications to any law that affects sentencing or the use and length of incarceration. The commission shall not make recommendations that would change the body of enumerated criminal offenses as defined by the legislature. The commission shall not make a recommendation for any policy implementing any behavioral or programming credits. The commission shall not make a recommendation that would retroactively change existing sentences already imposed on an individual. The recommendations must reflect all of the following policies: (a) To render sentences in all cases within a range of severity proportionate to the gravity of offenses, victim input, and the blameworthiness of an offender. (b) When reasonably feasible, to achieve offender rehabilitation, general deterrence, incapacitation of dangerous offenders, restoration of crime victims and communities, and reintegration of offenders into the law-abiding community. (c) To render sentences no more severe than necessary to achieve the applicable purposes in subdivisions (a) and (b). (d) To preserve judicial discretion to individualize sentences within a framework of law. (e) To produce sentences that are uniform in their reasoned pursuit of the purposes in subsection (1). (f) To eliminate inequities in sentencing and length of incarceration across population groups. (g) To promote research on sentencing policy and practices, including assessments of the effectiveness of criminal sanctions as measured against their purposes. (5) The commission shall submit any recommended modifications to the sentencing guidelines or to other laws to the senate majority leader, the speaker of the house of representatives, and the governor. (6) By December of each year, the commission shall submit to the legislature, the governor, and the Michigan supreme court a report on the implementation of legislative policies adopted in the current legislative session affecting the criminal justice system. The report must include, but need not be limited to, all of the following: (a) Education of practitioners on changes in legislative policy, including changes in criminal statutes and an analysis of the expected impact of those changes on prison and jail populations and the average length of the sentences imposed. (b) The length of probation supervision terms imposed. (c) The number of noncompliance, risk, and major risk sanctions imposed on the probation population. Enacting section 1. This amendatory act does not take effect unless House Bill No. 4173 of the 102nd Legislature is enacted into law. Clerk of the House of Representatives Secretary of the Senate Approved___________________________________________ ____________________________________________________ Governor
Act No. 274
Public Acts of 2024
Approved by the Governor
January 22, 2025
Filed with the Secretary of State
January 22, 2025
EFFECTIVE DATE: April 2, 2025
state of michigan
102nd Legislature
Regular session of 2024
Introduced by Rep. Meerman
ENROLLED HOUSE BILL No. 4384
AN ACT to amend 1927 PA 175, entitled An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act, (MCL 760.1 to 777.69) by adding section 34b to chapter IX.
The People of the State of Michigan enact:
CHAPTER IX
Sec. 34b. (1) The Michigan sentencing commission shall do all of the following:
(a) Collect, prepare, analyze, and disseminate information regarding state and local sentencing and release policies.
(b) Conduct ongoing research regarding the effectiveness of the sentencing guidelines in achieving the purposes set forth in subdivision (d).
(c) In cooperation with the department of corrections, collect, analyze, and compile data and make projections regarding the populations and capacities of state correctional facilities, the impact of the sentencing guidelines, and the effectiveness of efforts to reduce recidivism. Measurement of recidivism must include, as applicable, analysis of both of the following:
(i) Resentence rates and return-to-prison rates.
(ii) 1-, 2-, 3-, and 4-year intervals after exiting prison or jail and after entering probation.
(d) Develop recommended modifications to the sentencing guidelines. Any modifications to the sentencing guidelines must accomplish all of the following:
(i) Provide for the protection of the public.
(ii) Consider offenses involving violence against a person or serious and substantial pecuniary loss as more severe than other offenses.
(iii) Be proportionate to the seriousness of the offense and the offenders prior criminal record.
(iv) Reduce sentencing disparities based on factors other than offense characteristics and ensure that offenders with similar offense characteristics receive substantially similar sentences.
(v) Specify the circumstances under which a term of imprisonment is proper and the circumstances under which intermediate sanctions are proper.
(vi) Establish sentence ranges for imprisonment that the commission considers appropriate and are permitted by law.
(e) Consider the suitability and impact of offense variable scoring with regard to victims and victims families and victim input and advice regarding sentences.
(2) In developing modifications to the sentencing guidelines, the commission shall submit to the legislature a prison and jail impact report relating to any modifications to the sentencing guidelines. The report must include the projected impact on total capacity of state and local correctional facilities.
(3) Modifications to sentencing guidelines must include recommended intermediate sanctions for each case in which the upper limit of the recommended minimum sentence range is 18 months or less.
(4) Subject to this subsection, the commission may recommend modifications to any law that affects sentencing or the use and length of incarceration. The commission shall not make recommendations that would change the body of enumerated criminal offenses as defined by the legislature. The commission shall not make a recommendation for any policy implementing any behavioral or programming credits. The commission shall not make a recommendation that would retroactively change existing sentences already imposed on an individual. The recommendations must reflect all of the following policies:
(a) To render sentences in all cases within a range of severity proportionate to the gravity of offenses, victim input, and the blameworthiness of an offender.
(b) When reasonably feasible, to achieve offender rehabilitation, general deterrence, incapacitation of dangerous offenders, restoration of crime victims and communities, and reintegration of offenders into the law-abiding community.
(c) To render sentences no more severe than necessary to achieve the applicable purposes in subdivisions (a) and (b).
(d) To preserve judicial discretion to individualize sentences within a framework of law.
(e) To produce sentences that are uniform in their reasoned pursuit of the purposes in subsection (1).
(f) To eliminate inequities in sentencing and length of incarceration across population groups.
(g) To promote research on sentencing policy and practices, including assessments of the effectiveness of criminal sanctions as measured against their purposes.
(5) The commission shall submit any recommended modifications to the sentencing guidelines or to other laws to the senate majority leader, the speaker of the house of representatives, and the governor.
(6) By December of each year, the commission shall submit to the legislature, the governor, and the Michigan supreme court a report on the implementation of legislative policies adopted in the current legislative session affecting the criminal justice system. The report must include, but need not be limited to, all of the following:
(a) Education of practitioners on changes in legislative policy, including changes in criminal statutes and an analysis of the expected impact of those changes on prison and jail populations and the average length of the sentences imposed.
(b) The length of probation supervision terms imposed.
(c) The number of noncompliance, risk, and major risk sanctions imposed on the probation population.
Enacting section 1. This amendatory act does not take effect unless House Bill No. 4173 of the 102nd Legislature is enacted into law.
Clerk of the House of Representatives
Secretary of the Senate
Approved___________________________________________
____________________________________________________
Governor