Criminal procedure: sentencing; probation as sentence for certain immigration related criminal convictions; prohibit. Amends sec. 1, ch. XI of 1927 PA 175 (MCL 771.1).
Impact
The amendments introduce a specific mechanism whereby judges may delay sentencing for up to one year, during which a defendant can prove their eligibility for probation. This aspect aims to reduce the burden of incarceration on individuals who are unlikely to reoffend, potentially addressing jail overcrowding issues. Under this framework, a fee structure is established for supervision during the probation period, which varies based on whether the individual is monitored electronically or not, serving as both a measure of accountability and a potential revenue source for corrections.
Summary
House Bill 5776 proposes amendments to the Michigan Code of Criminal Procedure, specifically targeting the provisions for probation and delayed sentencing. The bill allows courts to place defendants on probation for various criminal offenses, provided they demonstrate the potential for rehabilitation and that the public interest does not necessitate the imposition of traditional penalties. The bill delineates a framework under which defendants could receive probation as an alternative to incarceration, thus aiming to emphasize restorative justice and rehabilitation in the penal system.
Contention
While the proposal seeks to improve the criminal justice system's approach to punishment and rehabilitation, it is expected to be met with contention regarding the imposition of supervision fees and the implications for low-income individuals. Critics may argue that financial burdens associated with probation could undermine the rehabilitative goals of the law, particularly if individuals are unable to pay their fees. The bill does allow for the potential waiver of the fee for indigent clients, but concerns about the accessibility and equity of these provisions remain a key point of discussion.
Criminal procedure: other; procedures regarding certain arrests and prosecutions; provide for. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding sec. 26b to ch. IV & secs. 1a & 1b to ch. XVI.
Criminal procedure: sentencing guidelines; sentencing guidelines for crimes related to illegal immigration; create. Amends sec. 16t, ch. XVII of 1927 PA 175 (MCL 777.16t).
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: HB 5128'23
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
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: HB 5124'23
Criminal procedure: sentencing; sunset on certain costs that may be imposed upon criminal conviction; modify. Amends sec. 1k, ch. IX of 1927 PA 175 (MCL 769.1k).
Criminal procedure: sentencing; sentencing individuals less than 19 to imprisonment for life without parole eligibility; prohibit. Amends secs. 1 & 1b, ch. IX of 1927 PA 175 (MCL 769.1 & 769.1b) & repeals secs. 25 & 25a, ch. IX of 1927 PA 175 (MCL 769.25 & 769.25a). TIE BAR WITH: HB 4164'23, HB 4162'23, HB 4160'23, HB 4161'23
Criminal procedure: sentencing; sentencing individuals less than 19 to imprisonment for life without parole eligibility; prohibit. Amends secs. 1 & 1b, ch. IX of 1927 PA 175 (MCL 769.1 & 769.1b) & repeals secs. 25 & 25a, ch. IX of 1927 PA 175 (MCL 769.25 & 769.25a). TIE BAR WITH: SB 0121'23, SB 0123'23, SB 0120'23, SB 0122'23
Criminal procedure: sentencing; sunset on certain costs that may be imposed upon criminal conviction; modify. Amends sec. 1k, ch. IX of 1927 PA 175 (MCL 769.1k). TIE BAR WITH: SB 0814'24
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