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MI HB4655

Bill

Status

Introduced

5/24/2023

Primary Sponsor

Stephanie Young

Click for details

Origin

House of Representatives

102nd Legislature

AI Summary

  • Establishes that accused persons are entitled to release on personal recognizance or non-excessive bail unless the state constitution allows otherwise.

  • Requires courts to determine on the record whether a defendant poses clear and convincing risk of nonappearance, absconding, or harm to others, considering factors including offense severity, criminal history, evidence weight, and community ties.

  • Mandates release on personal recognizance with standard conditions (appearance, no illegal activity, notify court of address changes) unless risks are found that require nonmonetary or secured money bond conditions.

  • Prohibits courts from using bail schedules to set bond amounts and requires courts to conduct ability-to-pay inquiries using financial disclosure forms before setting monetary conditions; defendants cannot be detained solely due to inability to pay.

  • Requires district and circuit courts to submit quarterly reports to the state court administrative office detailing bond decisions, defendant demographics, charges, judicial officers, failures to appear, and any rearrests during pretrial period; takes effect January 1, 2025.

Legislative Description

Criminal procedure: bail; procedure for pretrial release determinations, criteria a court must consider for pretrial release determination, and reporting of data on pretrial release decisions; provide for. Amends secs. 6 & 6a, ch. V of 1927 PA 175 (MCL 765.6 & 765.6a) & adds sec. 6g to ch. V. TIE BAR WITH: HB 4660'23, HB 4659'23, HB 4661'23

Criminal procedure: bail

Last Action

Bill Electronically Reproduced 05/24/2023

5/25/2023

Committee Referrals

Criminal Justice5/24/2023

Full Bill Text

No bill text available