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SB 862

Crime victims: notices; notice to crime victim when a prisoner is eligible to receive credits toward sentence; require. Amends secs. 13 & 41 of 1985 PA 87 (MCL 780.763 & 780.791).

2023-2024 Regular Session Introduced by Rosemary Bayer and 9 co-sponsors

Requires prosecutors/courts to tell crime victims, on request, whether a defendant/juvenile may earn productivity credits that could shorten imprisonment (tied to SB 861).

referred to Committee on Government Operations
#crimevictims:notices #criminalprocedure:other
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Bill Summary · SB 862

SB 862 — Summary (Crime Victims: Notice of Potential Sentence-Reducing Productivity Credits)

Status: Introduced March 17, 2025; referred to Committee on Government Operations (Michigan).
Statutory changes proposed: Amend sections 13 and 41 of 1985 PA 87 (William Van Regenmorter Crime Victim’s Rights Act), MCL 780.763 & 780.791.

Main purpose

Require that, upon a victim’s request, the prosecuting attorney (and in certain juvenile cases the court) notify the victim whether a defendant or adjudicated juvenile may be eligible to earn “productivity credits” that could reduce an imprisonment sentence. The notice requirement implements victim information rights in light of companion legislation (SB 861) that would create productivity credits administered by the Michigan Department of Corrections (MDOC).

Key provisions

  • Adds explicit notice items to:
    • Section 13 (adult defendants; MCL 780.763) — requires the prosecuting attorney, on a victim’s request, to tell the victim whether the defendant may be eligible to earn productivity credits under proposed MCL 800.33a (SB 861) that could reduce a prison sentence.
    • Section 41 (juvenile cases; MCL 780.791) — requires the prosecuting attorney, or the court pursuant to an agreement under section 48a, upon a victim’s request, to tell the victim whether the juvenile may be eligible to earn those productivity credits.
  • Notice must be given “by any means reasonably calculated to give prompt actual notice.”
  • The new notice is in addition to existing notices available to victims (conviction, right to make an impact statement, time/place of sentencing/disposition, etc.).
  • The bill’s operation is tied to SB 861 (it does not take effect unless SB 861 is enacted), and in versions passed by the Senate it would take effect January 1, 2026 if SB 861 becomes law.

Who is affected

  • Crime victims who request information: gain the right to be told whether the defendant/juvenile could obtain productivity credits that might shorten time to parole or discharge (subject to SB 861 rules).
  • Prosecuting attorneys (and courts in some juvenile contexts): new duty to provide this information upon request and to do so promptly.
  • Defendants/juveniles and incarcerated persons: indirectly affected because the notice concerns eligibility for credits created by companion legislation (SB 861).
  • Local prosecutor offices: may have minimal additional administrative tasks to determine and relay eligibility information.

Policy context & fiscal impact

  • SB 862 is part of a package (SBs 861–864) that would create MDOC productivity credits intended to incentivize educational, vocational, and rehabilitative programming and reduce recidivism.
  • Committee analyses indicate the added victim-notice requirement would be unlikely to impose significant administrative costs on local prosecutors and would have no fiscal impact on courts. The substantive fiscal impacts discussed in the package relate primarily to SB 861’s sentence reductions (potential long‑term state savings).

Procedural/timing notes

  • As introduced (3/17/2025) SB 862 is before the Committee on Government Operations.
  • The bill is tie‑barred to SB 861: its effect depends on enactment of the companion productivity‑credit statute. Versions passed by the Senate included an effective date of January 1, 2026 conditional on SB 861’s passage.

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

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