Michigan Compiled Laws 175-1927-ix Chapter IX Judgment And Sentence (769.1...769.36)

• Section 769.1 Authority And Power Of Court; Crimes For Which Juvenile To Be Sentenced As Adult; Fingerprints As Condition To Sentencing; Hearing At Juvenile's Sentencing; Determination; Criteria; Waiver; Violation Of Mcl 333.7403; Statement On Record; Transcript; Reimbursement Provision In Order Of Commitment; Disposition Of Collections; Order To Intercept Tax Refunds And Initiate Offset Proceedings; Notice; Order Directed To Person Responsible For Juvenile's Support; Hearing; Copy Of Order; Retention Of Jurisdiction Over Juvenile; Annual Review; Examination Of Juvenile's Annual Report; Forwarding Report.
  (1) A judge of a court having jurisdiction may pronounce judgment against and pass sentence upon a person convicted of an offense in that...
• Section 769.1a Order Of Restitution.
  (1) As used in this section: (a) "Crime victim services commission" means that term as described in section 2 of 1976 PA 223, MCL...
• Section 769.1b Review Hearing For Juvenile Placed On Probation And Committed; Determination; Considerations; Time Of Review Hearing; Notice; Legal Counsel; Costs; Commitment Reports; Final Review; Imposition Of Sentence For Adult Offender; Notice; Cost Of Appointed Counsel; Credit For Time Served.
  (1) If a juvenile is placed on probation and committed under section 1(3) or (4) of this chapter to an institution or agency described...
• Section 769.1c Psychiatrist; Definition; Aid From State Hospitals.
  A psychiatrist under the meaning of the foregoing sections and sections 22-a and 22-b of chapter 14 of this act is a physician, duly...
• Section 769.1d Expense Of Confinement In State Institutions.
  The expenses of confinement of any person confined to a state hospital or other state institution as provided for in the foregoing sections and...
• Section 769.1e Violations Of Criminal Law; Licensing Sanctions; Report Of Finding To Secretary Of State; “license” Defined.
  (1) If a law of this state requires the court to deny the issuance of a license to a person, or revoke, suspend, or...
• Section 769.1f Expenses For Which Court May Order Person Convicted To Reimburse State Or Local Unit Of Government; Payment; Reimbursement As Condition Of Probation Or Parole; Enforcement Of Order; Expenses For Emergency Response; Definitions.
  (1) As part of the sentence for a conviction of any of the following offenses, in addition to any other penalty authorized by law,...
• Section 769.1g Offense Relating To Riot, Incitement To Riot, Unlawful Assembly Or Civil Disorder Within Public Community College, College, Or University Campus.
  (1) As part of the sentence for a conviction for any offense that the court determines was directly related to a riot, incitement to...
• Section 769.1h Consecutive Or Concurrent Sentence.
  (1) A judgment of sentence committing an individual to the jurisdiction of the department of corrections shall specify whether the sentence is to run...
• Section 769.1j Court Ordered Fine, Costs, Or Assessments; Minimum Amounts; Definitions.
  (1) Beginning October 1, 2003, if the court orders a person convicted of an offense to pay any combination of a fine, costs, or...
• Section 769.1k Imposition Of Fine, Cost, Or Assessment; Availability Of Information To Defendant; Reports; Nonpayment Of Costs.
  (1) If a defendant enters a plea of guilty or nolo contendere or if the court determines after a hearing or trial that the...
• Section 769.1l Order Of Restitution; Deduction; Payment To Court; Priority.
  If a prisoner under the jurisdiction of the department of corrections has been ordered to pay any sum of money as described in section...
• Section 769.2 Sentence; Solitary Confinement Or Hard Labor.
  769.2 Sentence; solitary confinement or hard labor. Sec. 2. Whenever any person shall be lawfully sentenced by any court to imprisonment in the state prison...
• Section 769.2a Persons Sentenced For Certain Crimes Not Eligible For Custodial Incarceration Outside State Correctional Facility Or County Jail; “state Correctional Facility” Defined; Effect Of Security Classification Waiver.
  (1) If a person is sentenced by a court to imprisonment, or is serving a sentence of imprisonment, for any of the following crimes,...
• Section 769.3 Conditional Sentence; Payment Of Fine; Probation.
  (1) If a person is convicted of an offense punishable by a fine or imprisonment, or both, the court may impose a conditional sentence...
• Section 769.4 Conditional Sentence; Execution.
  The person against whom any such conditional sentence shall be awarded, shall be forthwith committed to the custody of an officer in court or...
• Section 769.4a Assault On Spouse, Former Spouse, Individual With Child In Common, Dating Relationship, Or Household Resident; Plea Or Finding Of Guilty; Deferral Of Proceedings; Order Of Probation; Previous Convictions; Adjudication Of Guilt Upon Violation Of Probation; Mandatory Counseling Program; Costs; Circumstances For Entering Adjudication Of Guilt; Discharge And Dismissal; Limitation; Court Proceedings Open To Public; Retention Of Nonpublic Record By Department Of State Police; Definitions.
  (1) When an individual who has not been convicted previously of an assaultive crime pleads guilty to, or is found guilty of, a violation...
• Section 769.5 Alternative Or Combined Penalties; Power Of Court.
  769.5 Alternative or combined penalties; power of court. Sec. 5. Whenever it is provided that an offender shall be punished by imprisonment and a fine,...
• Section 769.5. Amended Alternative Or Combined Penalties; Power Of Court.
  769.5.amended Alternative or combined penalties; power of court.Sec. 5. (1) If a statute provides that an offense is punishable by imprisonment and a fine, the...
• Section 769.6 Recognizance To Keep Peace; Court Option.
  Every court before whom any person shall be convicted upon an indictment for any offense not punishable with death or by imprisonment in the...
• Section 769.7 Recognizance To Keep Peace; Breach Of Condition; Procedure.
  In case of a breach of the condition of any such recognizance the same proceedings shall be had as are prescribed in relation to...
• Section 769.8 Definite Term Prohibited For Conviction For First Time For Felony; Fixing Minimum Term; Stating Maximum Term; Examination Of Convict; Entering Facts In Minutes Of Court.
  (1) When a person is convicted for the first time for committing a felony and the punishment prescribed by law for that offense may...
• Section 769.9 Indeterminate Sentence Inapplicable Where Only Punishment Is Life Imprisonment; Indeterminate Sentence In Cases Where Imprisonment For Life Discretionary; Indeterminate Sentence In Cases Involving Major Controlled Substance Offense.
  (1) The provisions of this chapter relative to indeterminate sentences shall not apply to a person convicted for the commission of an offense for...
• Section 769.10 Punishment For Subsequent Felony; Sentence Imposed For Term Of Years Considered Indeterminate Sentence; Use Of Conviction To Enhance Sentence Prohibited.
  (1) If a person has been convicted of a felony or an attempt to commit a felony, whether the conviction occurred in this state...
• Section 769.11 Punishment For Subsequent Felony Following Conviction Of 2 Or More Felonies; Sentence For Term Of Years Considered Indeterminate Sentence; Use Of Conviction To Enhance Sentence Prohibited.
  (1) If a person has been convicted of any combination of 2 or more felonies or attempts to commit felonies, whether the convictions occurred...
• Section 769.11a Void Sentence; Trial Judge To Credit Time Served.
  Whenever any person has been heretofore or hereafter convicted of any crime within this state and has served any time upon a void sentence,...
• Section 769.11b Credit Time Served Prior To Sentence; Lack Of Bond.
  Whenever any person is hereafter convicted of any crime within this state and has served any time in jail prior to sentencing because of...
• Section 769.12 Punishment For Subsequent Felony Following Conviction Of 3 Or More Felonies; Sentence For Term Of Years Considered Indeterminate Sentence; Use Of Conviction To Enhance Sentence Prohibited; Eligibility For Parole; Provisions Not In Derogation Of Consecutive Sentence; Definitions.
  (1) If a person has been convicted of any combination of 3 or more felonies or attempts to commit felonies, whether the convictions occurred...
• Section 769.13 Notice Of Intent To Seek Enhanced Sentence; Filing By Prosecuting Attorney; Challenge To Accuracy Or Constitutional Validity; Evidence Of Existence Of Prior Conviction; Determination By Court; Burden Of Proof.
  (1) In a criminal action, the prosecuting attorney may seek to enhance the sentence of the defendant as provided under section 10, 11, or...
• Section 769.14 Review Of Sentence Of Prisoner Or Parolee; Application; Rights Of Prisoner.
  Any person now incarcerated in any state prison, or on parole from a sentence thereto, who was sentenced under the terms of sections 10,...
• Section 769.16 Clerk Of Court And Sheriff; Duty In Executing Sentence; Fine Or Imprisonment In County Jail; Transcript.
  When any person convicted of an offense shall be sentenced to pay a fine or costs, or to be imprisoned in the county jail,...
• Section 769.16a Report By Clerk Of Final Disposition To Department Of State Police; Forms; Fingerprints; Reporting Conviction; Report Of Vacated Judgment; Entry Of Disposition Into Database.
  (1) Except as otherwise provided in subsection (3), upon final disposition of an original charge against a person of a felony or a misdemeanor...
• Section 769.16b Finding Of Not Guilty By Reason Of Insanity; Entering Order Into Law Enforcement Information Network.
  (1) If a person charged with any offense is found not guilty by reason of insanity, the court entering the disposition shall immediately order...
• Section 769.17 Clerk Of Court And Sheriff; Duty In Executing Sentence; Imprisonment In State Prison; Warrant, Abstract Of Conviction.
  When any convict shall be sentenced to imprisonment in the state prison, the clerk of the court before whom such conviction was had, shall...
• Section 769.18 Record After Sentence Of Imprisonment; Duty Of Clerk; Contents, Forwarding, Fee.
  Whenever a person shall be convicted of crime and sentenced to imprisonment pursuant to the provisions of this act, or for life, the clerk...
• Section 769.19-769.23 Repealed. 1972, Act 179, Imd. Eff. June 16, 1972.
  Compiler's Notes: The repealed sections pertained to the death penalty.
• Section 769.24 Excessive Sentence; Validity.
  Whenever, in any criminal case, the defendant shall be adjudged guilty and a punishment by fine or imprisonment shall be imposed in excess of...
• Section 769.25 Criminal Defendant Less Than 18 Years; Circumstances; Imprisonment For Life Without Possibility Of Parole; Violations; Motion; Response; Hearing; Record; Sentence.
  (1) This section applies to a criminal defendant who was less than 18 years of age at the time he or she committed an...
• Section 769.25a Case As Final On Or Before June 24, 2012; Effect Of State Supreme Court Or United States Supreme Court Decision; Procedures; Resentencing Hearings; Priority; Credit For Time Served.
  (1) Except as otherwise provided in subsections (2) and (3), the procedures set forth in section 25 of this chapter do not apply to...
• Section 769.26 Error In Pleading Or Procedure; Effect.
  No judgment or verdict shall be set aside or reversed or a new trial be granted by any court of this state in any...
• Section 769.27 Change Of Sentence By Court; Notice To Prosecuting Attorney, Defendant, And Defendant's Counsel; Objection; Hearing.
  If the court changes any sentence imposed under this act in any respect, the clerk of the court shall give written notice of the...
• Section 769.28 Commitment Or Sentence For Maximum Of 1 Year; Place; Section Inapplicable To Certain Juveniles.
  Notwithstanding any provision of law to the contrary, if a person convicted of a crime or contempt of court is committed or sentenced to...
• Section 769.31 Definitions.
  As used in this section and section 34 of this chapter: (a) “Departure” means a sentence imposed that is not within the appropriate minimum...
• Section 769.32, 769.33 Repealed. 2002, Act 31, Eff. Apr. 1, 2002.
  Compiler's Notes: The repealed sections pertained to creation and duties of the sentencing commission.
• Section 769.32a Criminal Justice Policy Commission; Creation; Appointment; Membership; Chairperson; Terms; Vacancy; Salary; Expenses; Subcommittees; Conduct Of Business At Public Meetings; Quorum; Writing Available To Public; Office Space, Staff, And Equipment.
  769.32a Criminal justice policy commission; creation; appointment; membership; chairperson; terms; vacancy; salary; expenses; subcommittees; conduct of business at public meetings; quorum; writing available to public;...
• Section 769.33a Criminal Justice Policy Commission; Duties; Prison And Jail Impact Report; Recommended Intermediate Sanctions; Recommended Modifications To Law, Administrative Rule, Policy, Or Sentencing Guidelines; Repeal Of Section And Mcl 769.32a.
  769.33a Criminal justice policy commission; duties; prison and jail impact report; recommended intermediate sanctions; recommended modifications to law, administrative rule, policy, or sentencing guidelines; repeal...
• Section 769.34 Sentencing Guidelines; Duties Of Court.
  (1) The sentencing guidelines promulgated by order of the Michigan supreme court do not apply to felonies enumerated in part 2 of chapter XVII...
• Section 769.35 Jail Reimbursement Program; Operation; Criteria.
  The department of corrections shall operate a jail reimbursement program that provides funding to counties for housing offenders in county jails who otherwise would...
• Section 769.36 Deaths Arising Out Of Same Criminal Transaction; Crimes To Which Person May Be Charged And Convicted; Consecutive Terms; Definitions.
  (1) A person may be charged with and convicted of any of the following for each death arising out of the same criminal transaction,...

Last modified: October 10, 2016