2024 House Bill 5776

Criminal procedure: sentencing; probation as sentence for certain immigration related criminal convictions; prohibit.

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 1 of chapter XI (MCL 771.1), as amended by 2019 PA 165.

AI Analysis – Experimental

This bill proposes that for certain non-violent offenses, excluding serious crimes such as murder, treason, criminal sexual conduct in the first or third degree, armed robbery, major controlled substance offenses, or specific violations of the Michigan penal code, courts may opt to place defendants on probation rather than imposing the standard penalty, provided the defendant is deemed unlikely to reoffend and the public good does not necessitate a harsher sentence. The legislation allows for a delay in sentencing of up to one year to assess the defendant's suitability for probation or other forms of leniency, such as participation in a drug treatment court. During this period, the Department of Corrections may impose a supervision fee, with provisions for fee waivers for indigent individuals and specific stipulations regarding electronic monitoring. The bill specifies that it does not apply to juveniles committed under certain sections of chapter IX. The enactment of this bill is contingent upon the passage of either Senate Bill No. ____ or House Bill No. 5778 of the 102nd Legislature.