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MI HB5933
Bill
Status
9/22/2016
Primary Sponsor
Michael Webber
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AI Summary
HB 5933 Summary
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Amends Michigan's Probate Code sections 29-31 governing juvenile restitution to align with crime victim's rights act changes and expand restitution scope to cover the juvenile's entire "course of conduct" rather than individual offenses.
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Requires courts to order juveniles to make full restitution to victims for damages including property repair/replacement, medical and psychological treatment, lost income, funeral costs, and family care expenses resulting from the juvenile's course of conduct.
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Allocates collected money from juveniles 50% to victim payments first, then remaining balance to fines, costs, and assessments; establishes priority order for non-victim payments based on offense type.
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Adds enforcement mechanisms including wage assignment for employed juveniles after 2 missed payments, bi-annual case reviews, and requirements for probation officers to file violation reports when restitution is not paid as ordered.
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Prohibits detention of juveniles solely for restitution nonpayment unless court finds they have resources to pay and failed to make good-faith effort; allows courts to order parents to pay outstanding restitution if juvenile cannot, subject to manifest hardship exceptions.
Legislative Description
Crime victims; restitution; probate code of 1939; update restitution to correspond with changes in restitution under the crime victim's rights act; provide for. Amends secs. 29, 30 & 31, ch. XIIA of 1939 PA 288 (MCL 712A.29 et seq.). TIE BAR WITH: HB 5932'16, HB 5932'16, SB 0873'16, SB 0873'16
Juveniles: other
Last Action
Bill Electronically Reproduced 09/22/2016
10/19/2016