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MI SB1115
Bill
Status
10/22/2014
Primary Sponsor
Thomas Casperson
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AI Summary
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Requires courts to determine a defendant's ability to pay before imposing fines, costs, fees, or assessments at sentencing or when judgment is deferred or sentencing is delayed.
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Courts must consider eight factors when assessing ability to pay: income, public assistance eligibility, property ownership, outstanding obligations, living expenses, number and ages of dependents, employment and job training history, and education level.
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Establishes rebuttable presumptions of substantial financial hardship if defendant receives public assistance, lives in public housing, earns less than 140% of federal poverty guideline, or is incarcerated or in residential treatment.
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Courts shall order payment in installments over time that will not cause substantial financial hardship to defendant or dependents, though one-time payments are permitted if they cause no hardship.
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Exempts from these requirements victim restitution, crime victim's rights assessments, minimum state costs, supervision fees, substance abuse screening costs, and disease testing costs.
Legislative Description
Criminal procedure; other; costs; require court to determine whether defendant has the ability to pay before imposing. Amends sec. 3, ch. XI of 1927 PA 175 (MCL 771.3) & adds sec. 1m to ch. IX. TIE BAR WITH: SB 1113'14, SB 1114'14
Criminal procedure, other
Last Action
Referred To Committee On Judiciary
10/22/2014