Bill Text: MI SB1492 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Criminal procedure; records; copies of presentence reports; require to be provided to certain individuals under certain circumstances. Amends sec. 14, ch. XI of 1927 PA 175 (MCL 771.14). TIE BAR WITH: SB 1491'10
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2010-11-10 - Referred To Second Reading [SB1492 Detail]
Download: Michigan-2009-SB1492-Introduced.html
SENATE BILL No. 1492
September 14, 2010, Introduced by Senator KUIPERS and referred to the Committee on Judiciary.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 14 of chapter XI (MCL 771.14), as amended by
2000 PA 279.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER XI
Sec. 14. (1) Before the court sentences a person charged with
a felony or a person who is a licensee or registrant under article
15 of the public health code, 1978 PA 368, MCL 333.16101 to
333.18838,
as described in section 1(11) 1(14)
of chapter IX, and,
if directed by the court, in any other case in which a person is
charged with a misdemeanor within the jurisdiction of the court,
the probation officer shall inquire into the antecedents,
character, and circumstances of the person, and shall report in
writing to the court.
(2) A presentence investigation report prepared under
subsection (1) shall include all of the following:
(a) An evaluation of and a prognosis for the person's
adjustment in the community based on factual information contained
in the report.
(b) If requested by a victim, any written impact statement
submitted by the victim under the William Van Regenmorter crime
victim's rights act, 1985 PA 87, MCL 780.751 to 780.834.
(c) A specific written recommendation for disposition based on
the evaluation and other information as prescribed by the assistant
director of the department of corrections in charge of probation.
(d) A statement prepared by the prosecuting attorney as to
whether consecutive sentencing is required or authorized by law.
(e) For a person to be sentenced under the sentencing
guidelines set forth in chapter XVII, all of the following:
(i) For each conviction for which a consecutive sentence is
authorized or required, the sentence grid in part 6 of chapter XVII
that contains the recommended minimum sentence range.
(ii) Unless otherwise provided in subparagraph (i), for each
crime having the highest crime class, the sentence grid in part 6
of chapter XVII that contains the recommended minimum sentence
range.
(iii) Unless otherwise provided in subparagraph (i), the
computation that determines the recommended minimum sentence range
for the crime having the highest crime class.
(iv) A specific statement as to the applicability of
intermediate sanctions, as defined in section 31 of chapter IX.
(v) The recommended sentence.
(f) If a person is to be sentenced for a felony or for a
misdemeanor involving the illegal delivery, possession, or use of
alcohol or a controlled substance, a statement that the person is
licensed or registered under article 15 of the public health code,
1978 PA 368, MCL 333.16101 to 333.18838, if applicable.
(g) Diagnostic opinions that are available and not exempted
from disclosure under subsection (3).
(3) The court may exempt from disclosure in the presentence
investigation report information or a diagnostic opinion that might
seriously disrupt a program of rehabilitation or sources of
information obtained on a promise of confidentiality. If a part of
the presentence investigation report is not disclosed, the court
shall state on the record the reasons for its action and inform the
defendant and his or her attorney that information has not been
disclosed. The action of the court in exempting information from
disclosure is subject to appellate review. Information or a
diagnostic opinion exempted from disclosure pursuant to this
subsection shall be specifically noted in the presentence
investigation report.
(4) If a prepared presentence investigation report is amended
or altered before sentencing by the supervisor of the probation
officer who prepared the report or by any other person who has the
authority to amend or alter a presentence investigation report, the
probation officer may request that the court strike his or her name
from the report and the court shall comply with that request.
(5) The court shall permit the prosecutor, the defendant's
attorney, and the defendant to review the presentence investigation
report before sentencing and to receive a copy of the report as
provided in subsection (7).
(6) At the time of sentencing, either party may challenge, on
the record, the accuracy or relevancy of any information contained
in the presentence investigation report. The court may order an
adjournment to permit the parties to prepare a challenge or a
response to a challenge. If the court finds on the record that the
challenged information is inaccurate or irrelevant, that finding
shall be made a part of the record, the presentence investigation
report shall be amended, and the inaccurate or irrelevant
information shall be stricken accordingly before the report is
transmitted to the department of corrections.
(7) A copy of the report described under subsection (5) and
the amended report described under subsection (6) shall be provided
to the prosecutor, the defendant, and the defendant's attorney. The
copy of the report described under subsection (5) shall be provided
at least 2 days before sentencing unless the 2-day period is waived
by the defendant. The prosecutor, the defendant, and the
defendant's attorney have the right to retain the copy of the
report and the amended report provided under this subsection.
(8) (7)
On appeal, the defendant's
attorney, or the defendant
if proceeding pro se, shall be provided with a copy of the
presentence investigation report and any attachments to the report
with the exception of any information exempted from disclosure by
the court under subsection (3).
(9) (8)
If the person is committed to a
state penal
institution, a copy or amended copy of the presentence
investigation report and, if a psychiatric examination of the
person has been made for the court, a copy of the psychiatric
report shall accompany the commitment papers. If the person is
sentenced by fine or imprisonment or placed on probation or other
disposition of his or her case is made by the court, a copy or
amended copy of the presentence investigation report, including a
psychiatric examination report made in the case, shall be filed
with the department of corrections.
(10) (9)
A prisoner under the jurisdiction
of the department
of corrections shall be provided with a copy of any presentence
investigation report in the department's possession about that
prisoner, except for information exempted from disclosure under
subsection (3), not less than 30 days before a parole interview is
conducted under section 35 of the corrections code of 1953, 1953 PA
232, MCL 791.235.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 1491
of the 95th Legislature is enacted into law.
