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SB 1090

Courts: funding; trial court funding; provide for. Amends sec. 13, ch. II, secs. 1k & 5, ch. IX & secs. 1, 3, 3c & 3e, ch. XI of 1927 PA 175 (MCL 762.13 et seq.). TIE BAR WITH: SB 1089'26

2025-2026 Regular Session Introduced by Mary Cavanagh and 3 co-sponsors

SB 1090 broadens youth and probation reforms by expanding supervision options, adding probation fees and electronic monitoring costs, and mandating individualized, rehab-focused co

REFERRED TO COMMITTEE ON CIVIL RIGHTS, JUDICIARY, AND PUBLIC SAFETY
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Bill Summary · SB 1090

Overview

  • Bill: SB 1090 (2025-2026) – Michigan
  • Purpose: Amend multiple sections of the Michigan Code of Criminal Procedure to address youthful trainees, probation, costs and fees, sentencing options, and court-ordered conditions; extend and modify supervision and electronic monitoring provisions; tie-in with SB 1089.
  • Introduced: July 2, 2026; Sponsor: Sen. Damoose (with Chang, Cavanagh, Shink)
  • Committee: Civil Rights, Judiciary, and Public Safety

Main purpose and intent

  • Reforms to youth and probation systems, including how youthful trainees are treated in terms of custody, probation, and possible court-ordered supervision.
  • Establishes and clarifies financial obligations tied to probation and sentencing, including supervision fees for non-indigent individuals.
  • Expands use of electronic monitoring as a condition of probation or release, and requires cost responsibility for such devices.
  • Increases some reporting and accountability requirements for costs assessed in criminal cases.

Key provisions and changes

  • Chapter II, Sec. 13 (youthful trainees)

    • For offenses punishable by more than 1 year: options include up to 2 years in DOC custody, up to 3 years’ probation, up to 1 year in county jail, or a combination with probation (possibly including drug treatment courts).
    • Youthful trainees cannot be sent to DOC custody for certain listed offenses (e.g., specificHealth/Public Health Act violations, certain Michigan Penal Code offenses).
    • If underlying charge is 1 year or less, the court must place on probation up to 2 years.
    • Work release and educational release options are available; introduces probation supervision fees (see Sec. 1k and 1) with amounts depending on electronic monitoring.

  • Sec. 1k (Chapter IX) – Indigency and costs at sentencing

    • After guilty/plea or verdict, court assesses indigency. If indigent, can impose a fine but no additional costs or assessments beyond statutory limits.
    • If not indigent, court may impose minimum state costs plus fines, costs, and, until end of 2026, broader costs related to actual trial court costs (salaries, goods/services, court facilities, legal aid, etc.).
    • Court-imposed costs can extend beyond the case; annual reporting required on costs imposed and collected.

  • Sec. 5 (Chapter IX) – Fines, costs, and related sentencing options

    • Clarifies when imprisonment can accompany fines; sets presumptions and possible departures for misdemeanor sentencing (non-jail or nonprobation alternatives preferred).
    • Allows for contempt and associated penalties for nonpayment of fines/costs, with due process for indigency.
    • Requires indigency determinations for fines; directs how probation, delayed sentences, and other costs interact with indigency.

  • Sec. 3 (Chapter XI) – Probation conditions and tailoring

    • Probation conditions must be individualized, addressing risks/needs and aiming to reduce recidivism.
    • Requires consideration of victim input and restitution needs.
    • Lists numerous potential probation conditions (e.g., drug treatment, mental health treatment, community service, house arrest, electronic monitoring, restitution, employment-related conditions, education, etc.).
    • Allows for protective conditions for named persons and requires orders to be entered into law enforcement information networks; removal when conditions end.
    • Limits on costs to avoid burden beyond the probationer’s ability to pay; requires consideration of financial resources and hardship.

  • Sec. 3c (Probation supervision fee)

    • Circuit court must order a $30 monthly supervision fee for probation without electronic monitoring (up to 60 months), or $60 with electronic monitoring (up to 60 months).
    • Fees payable upon entering probation; may be paid in installments; capped to avoid duplication with other fees.
    • Indigency waivers permitted; if multiple fees apply, coordination to avoid duplicative charges.

  • Sec. 3e (Electronic monitoring on work release)

    • If court allows work release for felony release, requires ankle-worn electronic monitoring device with GPS tracking for the duration.
    • Costs of installation, maintenance, monitoring, removal borne by the individual unless indigent (waived).

  • Reporting and transparency

    • Regular reporting to State Court Administrative Office (SCAO) on costs imposed under subsection 1(b)(iii) (actual costs related to court operation) and annual compiled data to governor and legislative leadership; public access via SCAO and legislative websites.

Who/what would be affected

  • Defendants and defendants' families (through new or adjusted fines, costs, restitution, and probation conditions).
  • Youthful trainees (juvenile offenders) and their families, impacted by new disposition options and restrictions on DOC custody for certain offenses.
  • Courts and county prosecutors, due to new cost structures, reporting requirements, and conditional monitoring programs.
  • Department of Corrections (DOC) and county jails (through supervision, probation, and work-release provisions).
  • Individuals subject to electronic monitoring (probation, work release) and those required to pay monitoring costs.
  • Victims (via increased victim input in probation planning and restitution provisions).

Procedural and timeline aspects

  • Enacting language indicates the act does not take effect unless SB 1089 (103rd Legislature) is enacted into law, creating a tie-bar linkage between SB 1090 and SB 1089.
  • Timeline aspects include:
    • Costs related to subsection 1(b)(iii) may be applicable until December 31, 2026.
    • Annual reporting deadlines: as early as March 31 for prior year's data; July 1 for compilation and public dissemination.
    • Structured duration limits for probation and supervision fees (up to 60 months in several sections).

Summary

SB 1090 seeks comprehensive updates to youth sentencing, probation, and court-imposed costs in Michigan. It expands avenues for youthful trainees, tightens cost-recovery mechanisms with structured supervision fees, mandates individualized probation plans focused on rehabilitation and victim considerations, and broadens the use of electronic monitoring (with cost-shifting to the offender unless indigent). It also introduces annual cost reporting to monitor statewide financing of court operations. The bill is contingent on passage of SB 1089 due to a tie-bar.

Compiled from official sources — confirm details with the bill’s official record.

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