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SENATE BILL NO. 902
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.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER XI 1
Sec. 1. (1) In all prosecutions for felonies, misdemeanors, or 2
ordinance violations other than murder, treason, criminal sexual 3
conduct in the first, or second, third, or fourth degree, assault 4
April 16, 2026, Introduced by Senator RUNESTAD and referred to Committee on Civil Rights,
Judiciary, and Public Safety.
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ELF S05906'25_SB0902_INTR_1 wd8n5g
with the intent to commit criminal sexual conduct involving sexual 1
penetration or criminal sexual conduct in the second degree, armed 2
robbery, or major controlled substance offenses, if the defendant 3
has been found guilty upon on verdict or plea and the court 4
determines that the defendant is not likely again to engage in an 5
offensive or criminal course of conduct and that the public good 6
does not require that the defendant suffer the penalty imposed by 7
law, the court may place the defendant on probation under the 8
charge and supervision of a probation officer. 9
(2) In an action in which the court may place the defendant on 10
probation, the court may delay sentencing the defendant for not 11
more than 1 year to give the defendant an opportunity to prove to 12
the court his or her the defendant's eligibility for probation or 13
other leniency compatible with the ends of justice and the 14
defendant's rehabilitation, such as participation in a drug 15
treatment court under chapter 10A of the revised judicature act of 16
1961, 1961 PA 236, MCL 600.1060 to 600.1088. When If sentencing is 17
delayed, the court shall enter an order stating the reason for the 18
delay upon on the court's records. The delay in passing sentence 19
does not deprive the court of jurisdiction to sentence the 20
defendant at any time during the period of delay. 21
(3) Except as provided in subsection (5), if a defendant is 22
before the circuit court and the court delays imposing sentence 23
under subsection (2), the court shall include in the delayed 24
sentence order that the department of corrections collect a 25
supervision fee of $30.00 multiplied by the number of months of 26
delay ordered, but not more than 12 months, if the individual is 27
placed on supervision without electronic monitoring. If the 28
individual is placed on supervision with an electronic monitoring 29
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device under this subsection, the court shall include in the 1
delayed sentence order that the department of corrections collect a 2
supervision fee of $60.00 multiplied by the number of months of 3
supervision ordered under the delay of sentence, but not more than 4
12 months. The fee is payable when the delayed sentence order is 5
entered, but the fee may be paid in monthly installments if the 6
court approves installment payments for that defendant. The fee 7
must be collected as provided in section 25a of the corrections 8
code of 1953, 1953 PA 232, MCL 791.225a. A person An individual 9
must not be subject to more than 1 supervision fee at the same 10
time. If a supervision fee is ordered for a person an individual 11
for any month or months during which that person individual already 12
is subject to a supervision fee, the court shall waive the fee 13
having the shorter remaining duration. 14
(4) This section does not apply to a juvenile placed on 15
probation and committed under section 1(3) or (4) of chapter IX to 16
an institution or agency described in the youth rehabilitation 17
services act, 1974 PA 150, MCL 803.301 to 803.309. 18
(5) The court may waive the fee required to be collected under 19
this section if the court determines the supervised individual is 20
indigent. 21
(6) As used in this section, "electronic monitoring device" 22
includes any electronic device or instrument that is used to track 23
the location of an individual, enforce a curfew, or detect the 24
presence of alcohol in an individual's body. 25
Enacting section 1. This amendatory act takes effect 90 days 26
after the date it is enacted into law. 27