The bill amends the Michigan Code of Criminal Procedure, specifically section 6b of chapter V, to enhance the conditions under which a judge or district court magistrate can release a defendant, particularly in cases involving aggravated domestic violence. Key provisions include the requirement for judges to make a finding of the need for protective conditions and to inform the defendant of these conditions on the record. The bill mandates that if a defendant is released under protective conditions, they must be informed that any violation could lead to arrest without a warrant and potential forfeiture or revocation of bail. Additionally, the bill stipulates that if a defendant is charged with aggravated domestic violence, the court must order them to wear an electronic monitoring device unless a written finding states that such a device is unnecessary for the victim's safety.

Further, the bill introduces provisions for the victim's informed consent regarding electronic monitoring, ensuring they are aware of their rights and the monitoring process. It allows the court to provide the victim with a device that receives GPS information from the defendant's monitoring device, alerting them if the defendant is within a specified proximity. The bill also emphasizes that the defendant must agree to pay for the monitoring device or perform community service in lieu of payment. Overall, the amendments aim to strengthen protections for victims of domestic violence and ensure that conditions of release are effectively communicated and enforced.

Statutes affected:
House Introduced Bill: 765.6