§ 780.905 — Payment and use of assessments; order; duties of clerk of court.

Michigan § 780.905

• Jurisdiction: Michigan
• Ch. 780: CRIMINAL PROCEDURE
• Act 196 of 1989: CRIME VICTIMS RIGHTS SERVICES (780.901-780.911)

Text

CRIME VICTIMS RIGHTS SERVICES (EXCERPT) Act 196 of 1989 780.905 Payment and use of assessments; order; duties of clerk of court. Sec. 5. (1) The court shall order each person charged with an offense that is a felony, misdemeanor, or ordinance violation that is resolved by conviction, assignment of the defendant to youthful trainee status, a delayed sentence or deferred entry of judgment of guilt, or in another way that is not an acquittal or unconditional dismissal, to pay an assessment as follows: (a) If the offense is a felony, $130.00. (b) If the offense is a misdemeanor or ordinance violation, $75.00. (2) The court shall order a defendant to pay only 1 assessment under subsection (1) per criminal case. Payment of the assessment shall be a condition of a probation order entered under chapter XI of the code of criminal procedure, 1927 PA 175, MCL 771.1 to 771.14a, or a parole order entered under section 36 of the corrections code of 1953, 1953 PA 232, MCL 791.236. (3) The court shall order each juvenile for whom the court enters an order of disposition for a juvenile offense to pay an assessment of $25.00. The court shall order a juvenile to pay only 1 assessment under this subsection per case. (4) Except as otherwise provided under this act, an assessment under this section shall be used to pay for crime victim's rights services. (5) If a defendant ordered to pay an assessment under this act posted a cash bond or bail deposit in connection with the case, the court shall order the assessment collected out of that bond or deposit as provided in section 15 of chapter V and section 22 of chapter XV of the code of criminal procedure, 1927 PA 175, MCL 765.15 and 775.22, or section 6 or 7 of 1966 PA 257, MCL 780.66 and 780.67. (6) If a person is subject to any combination of fines, costs, restitution, assessments, or payments arising out of the same criminal or juvenile proceeding, money collected from that person for the payment of fines, costs, restitution, assessments, or other payments shall be allocated as provided in section 22 of chapter XV of the code of criminal procedure, 1927 PA 175, MCL 775.22, or section 29 of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.29. (7) The clerk of the court shall do both of the following on the last day of each month: (a) Transmit 90% of the assessments received under this section to the department of treasury with a written report of those assessments as the department of treasury prescribes. To provide funding for costs incurred under this section and for providing crime victim's rights services, the court may retain 10% of the assessments received under this section and transmit that amount to the court's funding unit. (b) Transmit a written report to the department on a form the department prescribes containing all of the following information for that month: (i) The name of the court. (ii) The total number of criminal convictions or dispositions for offenses that if committed by an adult would be criminal obtained in that court. (iii) The total number of defendants or juveniles against whom an assessment was imposed by that court. (iv) The total amount of assessments imposed by that court. (v) The total amount of assessments collected by that court. (vi) Other information required by the department.

Legislative History

1989, Act 196, Eff. Oct. 30, 1989 ;-- Am. 1993, Act 345, Eff. May 1, 1994 ;-- Am. 1996, Act 344 , Imd. Eff. June 27, 1996 ;-- Am. 1996, Act 520 , Imd. Eff. Jan. 13, 1996 ;-- Am. 2005, Act 315 , Eff. Jan. 1, 2006 ;-- Am. 2010, Act 281 , Imd. Eff. Dec. 16, 2010 ;-- Am. 2011, Act 294 , Eff. Apr. 1, 2012