Michigan 2025-2026 Regular Session

Michigan Senate Bill SB0432

Introduced
6/17/25  

Caption

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

Impact

The proposed modifications to the probation system could significantly alter how the judicial system manages non-violent offenders in Michigan. By allowing judges the discretion to postpone sentencing and permit rehabilitation efforts, this legislation could decrease prison populations and redirect resources towards treatment and support systems. Furthermore, this bill emphasizes rehabilitation over punishment, aligning with broader criminal justice reform movements across various states.

Summary

Senate Bill 432 aims to amend the Michigan Code of Criminal Procedure, specifically addressing probation for certain felony and misdemeanor offenses. The bill allows courts to place defendants on probation if deemed unlikely to reoffend and the public good does not necessitate imposing the full penalty. This change opens pathways for rehabilitation rather than punitive measures for non-violent offenders, particularly those involved with controlled substances that do not include heroin or its derivatives.

Contention

Notable points of contention include the inclusion of fees associated with delayed sentencing and supervision. The bill mandates specific supervision fees based on whether an individual is monitored electronically or not, which some might view as a financial burden on individuals trying to reintegrate into society. Additionally, there may be concerns about the implementation and efficacy of electronic monitoring as a component of probation, potentially raising debates about privacy and civil liberties.

Stipulations

Another critical aspect of SB 432 is its condition that it only goes into effect if a related bill, SB 430, is also enacted. The link between these bills invites scrutiny about legislative priorities and the interconnectedness of criminal justice reforms. The support from various stakeholders may indicate a gradual shift towards more rehabilitative approaches within the Michigan criminal justice system, though the debates on fees and monitoring could pose challenges ahead.

Companion Bills

MI SB0430

Same As Crimes: controlled substances; crime of manufacturing, delivering, or possession of with intent to deliver heroin or fentanyl; modify to reflect changes in sentencing guidelines. Amends sec. 7401 of 1978 PA 368 (MCL 333.7401).

Previously Filed As

MI HB5129

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

MI HB5125

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

MI HB5776

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).

MI SB0119

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

MI HB4163

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

MI SB0815

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

MI HB4471

Criminal procedure: sentencing; code of criminal procedure; eliminate reference to disciplinary time. Amends secs. 12 & 31, ch. IX & sec. 17f, ch. XVII of 1927 PA 175 (MCL 769.12 et seq.). TIE BAR WITH: HB 4470'23

MI HB4951

Criminal procedure: sentencing guidelines; sentencing guidelines and other references to certain abortion crimes; amend to reflect repeal. Amends sec. 10d, ch. II, secs. 1a & 3, ch. IV, sec. 6e, ch. V, sec. 4a, ch. IX & secs. 13k, 16d & 16p, ch. XVII of 1927 PA 175 (MCL 762.10d et seq.). TIE BAR WITH: SB 0474'23, HB 4949'23

MI HB4637

Juveniles: other; juvenile sentenced as adult fee; eliminate. Amends sec. 1, ch. IX of 1927 PA 175 (MCL 769.1). TIE BAR WITH: SB 0428'23, SB 0429'23, HB 4636'23

MI SB0475

Criminal procedure: sentencing guidelines; sentencing guidelines and other references to certain abortion crimes; amend to reflect repeal. Amends sec. 10d, ch. II, secs. 1a & 3, ch. IV, sec. 6e, ch. V, sec. 4a, ch. IX & secs. 13k, 16d & 16p, ch. XVII of 1927 PA 175 (MCL 762.10d et seq.). TIE BAR WITH: SB 0474'23

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