The bill amends the Michigan Code of Criminal Procedure, specifically section 1 of chapter XI, to provide guidelines for probation eligibility in certain criminal cases. It stipulates that in prosecutions for felonies, misdemeanors, or ordinance violations (excluding serious offenses like murder and armed robbery), if a defendant is found guilty and the court believes they are unlikely to reoffend, the court may place them on probation. Notably, the bill allows for probation for violations of the public health code related to substances that are not heroin or its derivatives. Additionally, the bill clarifies that the court can delay sentencing for up to one year to assess a defendant's eligibility for probation or other rehabilitative measures.

The bill also introduces a structured fee system for supervision during the probation period, specifying fees based on whether the individual is monitored electronically or not. It ensures that individuals are not charged multiple supervision fees simultaneously and allows the court to waive fees for indigent individuals. Furthermore, the bill defines "electronic monitoring device" and establishes that the amendments will take effect 90 days after enactment, contingent upon the passage of another related Senate Bill.

Statutes affected:
Senate Introduced Bill: 771.1