Michigan Laws 780.798 – Notice to victim by court, department of human services, county juvenile agency, sheriff, department of corrections, or prosecuting attorney
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Terms Used In Michigan Laws 780.798
- County juvenile agency: means that term as defined in section 2 of the county juvenile agency act, 1998 PA 518, MCL 45. See Michigan Laws 780.781
- Court: means the family division of circuit court. See Michigan Laws 780.781
- Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Juvenile: means an individual alleged or found to be within the court's jurisdiction under section 2(a)(1) of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A. See Michigan Laws 780.781
- Juvenile facility: means a county facility, an institution operated as an agency of the county or the court, or an institution or agency described in the youth rehabilitation services act, 1974 PA 150, MCL 803. See Michigan Laws 780.781
- Offense: means 1 or more of the following:
(i) A violation of a penal law of this state for which a juvenile offender, if convicted as an adult, may be punished by imprisonment for more than 1 year or an offense expressly designated by law as a felony. See Michigan Laws 780.781Person: means an individual, organization, partnership, corporation, or governmental entity. See Michigan Laws 780.781 Probate: Proving a will Prosecuting attorney: means the prosecuting attorney for a county, an assistant prosecuting attorney for a county, the attorney general, the deputy attorney general, an assistant attorney general, a special prosecuting attorney, or, in connection with the prosecution of an ordinance violation, an attorney for the political subdivision that enacted the ordinance upon which the violation is based. See Michigan Laws 780.781 state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o Victim: means any of the following:
(i) A person who suffers direct or threatened physical, financial, or emotional harm as a result of the commission of an offense, except as provided in subparagraph (ii), (iii), (iv), or (v). See Michigan Laws 780.781
(1) Upon the victim‘s written request, the court or the department of human services or county juvenile agency, as applicable, shall make a good faith effort to notify the victim before any of the following occurs:
(a) The juvenile is dismissed from court jurisdiction or discharged from commitment to the department of human services or county juvenile agency.
(b) The juvenile is transferred from a juvenile facility to any other juvenile facility.
(c) The juvenile has his or her name legally changed while under the court’s jurisdiction or within 2 years after discharge from the court’s jurisdiction.
(d) The juvenile is detained for having committed an act which, if committed by an adult, would be a criminal violation.
(2) If the court, department of human services, or county juvenile agency is not successful in notifying the victim before an event described in subsection (1)(a), (b), or (c) occurs, it shall notify the victim as soon as possible after that event occurs.
(3) Upon the victim’s written request, the department of human services, county juvenile agency, or court shall give to the victim notice of a juvenile’s escape from a secure detention or treatment facility. A victim who requests notice of an escape shall be given immediate notice of the escape by any means reasonably calculated to give prompt actual notice.
(4) Upon the victim’s written request, the sheriff or the department of corrections shall mail to the victim the following, as applicable, about a juvenile who has been sentenced to imprisonment under the jurisdiction of the sheriff or the department for the offense against that victim:
(a) Within 30 days after the request, notice of the sheriff’s calculation of the juvenile’s earliest release date or the department’s calculation of the juvenile’s earliest parole eligibility, with all potential good time or disciplinary credits considered, if the sentence of imprisonment exceeds 90 days.
(b) Notice of the juvenile’s transfer or pending transfer to a minimum security facility and the facility’s address.
(c) Notice of the juvenile’s release or pending release in a community residential program, under furlough, or any other transfer to community status; any transfer from 1 community residential program or electronic monitoring program to another; or any transfer from a community residential program or electronic monitoring program to a state correctional facility.
(d) Notice of the escape of the juvenile accused, convicted, or imprisoned for committing an offense against the victim.
(e) Notice of both of the following:
(i) The victim’s right to address or submit a written statement for consideration by a parole board member or a member of any other panel having authority over the juvenile’s release on parole during the time the juvenile’s release on parole or commutation of sentencing is being considered.
(ii) To address the parole board and to present exhibits or other photographic or documentary information to the parole board including at a commutation hearing.
(f) Notice of the decision of the parole board, or any other panel having authority over the juvenile’s release on parole, after a parole review.
(g) Notice of the release of a juvenile 90 days before the date of the juvenile’s discharge from prison, unless the notice has been otherwise provided under this article.
(h) Notice of a public hearing under section 44 of 1953 PA 232, MCL 791.244, regarding a reprieve, commutation, or pardon of the juvenile’s sentence by the governor.
(i) Notice that a reprieve, commutation, or pardon has been granted or denied upon conclusion of a public hearing.
(j) Notice that a juvenile has had his or her name legally changed while on parole or within 2 years after release from parole.
(k) Notice that the juvenile, including a parolee, has died. However, the notification requirements of this subdivision apply to the death of a parolee only if the department is aware that the parolee has died.
(5) A victim’s address and telephone number maintained by a sheriff or the department of corrections upon a request for notice under subsection (4) is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, and shall not be released.
(6) As provided in subsection (7) or (8), a victim who requests notice of the escape and the prosecuting attorney who filed the petition alleging the offense for which the juvenile is accused, detained, or under sentence shall be given immediate notice of the juvenile’s escape. The notice shall be given by any means reasonably calculated to give prompt actual notice.
(7) If the escape occurs before the sentence is executed or before the juvenile is delivered to the department of human services, county juvenile agency, sheriff, or the department of corrections, the person in charge of the agency in charge of the juvenile’s detention shall give notice of the escape to the prosecuting attorney, who shall then give notice of the escape to a victim who requested notice.
(8) If the juvenile is confined under sentence, the notice of escape shall be given to the victim and the prosecuting attorney by the chief administrator of the place in which the juvenile is confined.
(9) Upon the victim’s request, the prosecuting attorney shall give the victim notice of a review hearing conducted under section 18 of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.18. The victim has the right to make a statement at the hearing or submit a written statement for use at the hearing, or both.