771.1 Requirements for probation; delayed sentence; fee; applicability of section to certain juveniles; waiver of fee; “electronic monitoring device” defined. Sec. 1. (1) In all prosecutions for felonies, misdemeanors, or ordinance violations other than murder, treason, criminal sexual conduct in the first or third degree, armed robbery, or major controlled substance offenses, if the defendant […]
771.14 Presentence investigation report; contents; information related to victim prohibited from inclusion; information exempted from disclosure; amendment or alteration; review of report; challenge; findings; copies. Sec. 14. (1) Before the court sentences a person charged with a felony or a person who is a licensee or registrant under article 15 of the public health code, […]
771.14a Inquiry and report before sentencing juvenile; disclosures; exemptions; review of report; challenges or responses to challenges; finding; amendment of report; copy of report and attachments; report additional to presentence investigation report. Sec. 14a. (1) Before the court sentences a juvenile under section 1(3) or (4) of chapter IX, the family independence agency or county […]
771.15-771.24 Repealed. 1979, Act 81, Eff. Dec. 31, 1979. Compiler’s Notes: The repealed sections pertained to probation officers.
771.2 Probation period; extension; eligibility and requirements for early discharge; hearing; reduced probation; registration pursuant to sex offenders registration act; subsection (1) inapplicable to certain juveniles. Sec. 2. (1) Except as provided in section 2a of this chapter and section 36 of chapter VIII, if the defendant is convicted of an offense that is not […]
771.2a Probation for not more than 5 years; probation for term of years; order fixing period and conditions of probation; applicability of section to certain juveniles; probation for not less than 5 years; conditions; residing or working within school safety zone; exemption; definitions. Sec. 2a. (1) The court may place an individual convicted of violating […]
771.3 Probation; conditions; entry of order into LEIN; costs as part of sentence of probation; compliance as condition of probation; revocation of probation; fees in delayed or deferred entry of judgment or sentencing; individually tailored probation conditions. Sec. 3. (1) The sentence of probation must include all of the following conditions: (a) During the term […]
771.3a Probation camp. Sec. 3a. (1) A person under 22 years of age who is convicted of a crime in this state for which a sentence in a state prison may be imposed may be required under a probation order to spend not more than 1 year of the probation period, as the court directs, […]
771.3b Special alternative incarceration program. Sec. 3b. (1) In addition to any other terms or conditions of probation provided for under this chapter, the court may require under a probation order that a person convicted of a crime, except a crime specified in subsection (17), for which a sentence in a state correctional facility may […]
771.3c Probation supervision fee; enforcement of probation oversight fee; waiver of fee; person subject to other obligations arising out of criminal proceeding; applicability of section to certain juveniles; “electronic monitoring device” defined. Sec. 3c. (1) Except as provided in subsection (2), the circuit court shall include in each order of probation for a defendant convicted […]
771.3d Verification of employment or school enrollment; order of release contingent upon county sheriff approval; “school” defined. Sec. 3d. (1) Before an individual convicted of a felony is released from jail under section 3 of this chapter to attend work or school, the court, at the time of sentencing, shall order the department of corrections […]
771.3e Release to attend work or school; electronic monitoring; order; payment of installation, maintenance, monitoring, and removal costs; program. Sec. 3e. (1) If the court permits an individual convicted of a felony to be released from jail under section 3 of this chapter for purposes of attending work or school, the court shall order the […]
771.3f Electronic monitoring device; removal, destruction, or circumvention prohibited; interference with signal, impulse, or data prohibited; exceptions; violation as felony; penalties; “electronic monitoring device” defined. Sec. 3f. (1) A person shall not knowingly and without authority remove, destroy, or circumvent the operation of an electronic monitoring device or knowingly interfere with a signal, impulse, or […]
771.3g Medical probation; eligibility; notification to court by county sheriff; order; expenses; reimbursement; reexamination as condition; revocation; definitions. Sec. 3g. (1) A county sheriff may notify the court in writing that a prisoner may be eligible for medical probation if the county sheriff has consulted with a physician and the physician determined either of the […]
771.3h Compassionate release; eligibility; notification to court by county sheriff; amended judgment of sentence; conditions; expenses; reimbursement. Sec. 3h. (1) A county sheriff may notify the court in writing that a prisoner may be eligible for compassionate release if the county sheriff has consulted with a physician and the physician determined that the prisoner has […]
771.4 Legislative intent; revocation of probation; procedure; sentence; section inapplicable to certain juveniles. Sec. 4. (1) It is the intent of the legislature that the granting of probation is a matter of grace requiring the agreement of the probationer to its granting and continuance. (2) All probation orders are revocable subject to the requirements of […]
771.4a Violation of sex offenders registration act; probation revocation. Sec. 4a. The court shall revoke probation pursuant to section 4 of this chapter if the individual willfully violates the sex offenders registration act. History: Add. 1994, Act 286, Eff. Oct. 1, 1995
771.4b Technical probation violation; rebuttable presumption; summons or show cause order; definitions. Sec. 4b. (1) Except as otherwise provided in this section, a probationer who commits a technical probation violation and is sentenced to temporary incarceration may be incarcerated for each technical violation as follows: (a) For a technical violation committed by an individual who […]
771.5 Termination of probation period; report; discharge of probationer from supervision; suspension of sentence; extension of probation; section inapplicable to certain juveniles. Sec. 5. (1) When the probation period terminates, the probation officer shall report that fact and the probationer’s conduct during the probation period to the court. Upon receiving the report, the court may […]
771.6 Probation; record of discharge. Sec. 6. When a probationer is discharged upon the expiration of the probation period, or upon its earlier termination by order of the court, entry of the discharge shall be made in the records of the court, and the probationer shall be entitled to a certified copy thereof. History: 1927, […]
