The bill amends the Michigan Code of Criminal Procedure, specifically section 1 of chapter XI, to provide more clarity and flexibility regarding probation for certain offenses. It stipulates that in prosecutions for felonies, misdemeanors, or ordinance violations (excluding serious crimes such as murder and armed robbery), a court may place a defendant on probation if it determines that the defendant is unlikely to reoffend and that the public interest does not require the imposition of a penalty. Notably, the bill allows for probation sentences for violations of the public health code related to specific substances, excluding heroin and its derivatives.

Additionally, the bill outlines the conditions under which a court may delay sentencing to allow a defendant to demonstrate eligibility for probation or other leniency, such as participation in drug treatment programs. It establishes a supervision fee structure based on whether the individual is monitored electronically or not, while also allowing for the waiver of fees for indigent individuals. The bill includes provisions for the collection of these fees and clarifies that only one supervision fee can be imposed at a time. The amendments take effect 90 days after enactment and are contingent upon the passage of another related Senate Bill.

Statutes affected:
Senate Introduced Bill: 771.1