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Bill > HB4384


MI HB4384

MI HB4384
Criminal procedure: sentencing; duties of the Michigan sentencing commission; provide for. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding sec. 34b to ch. IX. TIE BAR WITH: HB 4173'23


summary

Introduced
04/12/2023
In Committee
12/20/2024
Crossed Over
06/14/2023
Passed
12/31/2024
Dead
Signed/Enacted/Adopted
12/31/2024

Introduced Session

102nd Legislature

Bill Summary

AN ACT to amend 1927 PA 175, entitled ?An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,? (MCL 760.1 to 777.69) by adding section 34b to chapter IX.

AI Summary

This bill establishes and outlines the duties of the Michigan Sentencing Commission, a body tasked with improving the state's criminal justice system. The commission will collect and analyze data on sentencing and release policies, research the effectiveness of sentencing guidelines, and study correctional facility populations and recidivism rates, which includes tracking how often individuals return to prison or jail after release and their success on probation. A key function of the commission is to propose modifications to sentencing guidelines to ensure public safety, treat violent offenses more severely, ensure sentences are proportionate to the crime and offender's history, reduce sentencing disparities, and clarify when imprisonment or intermediate sanctions (like probation or community service) are appropriate. The commission must also consider victim input and submit reports to the legislature detailing the projected impact of any proposed changes on prison and jail populations. Furthermore, the commission is directed to recommend intermediate sanctions for cases where the maximum recommended sentence is 18 months or less and can suggest changes to laws affecting sentencing, but cannot alter the definition of crimes or retroactively change existing sentences. The commission's recommendations must align with principles of proportionality, rehabilitation, deterrence, incapacitation, victim restoration, offender reintegration, and judicial discretion, aiming for uniform and equitable sentencing. Finally, the commission is required to submit an annual report to the legislature and governor detailing legislative policy implementation and its impact on the criminal justice system.

Committee Categories

Justice

Sponsors (1)

Last Action

Assigned Pa 274'24 (on 12/31/2024)

bill text


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