HOUSE BILL No. 5338
February 10, 2000, Introduced by Rep. Law and referred to the Committee on Criminal Law and Corrections.
A bill to amend 1985 PA 87, entitled
"Crime victim's rights act,"
by amending the title and sections 13a, 18a, 19, 20, 20a, 35, 36,
41a, 46, 48, 66, 78, 78a, 78b, and 79 (MCL 780.763a, 780.768a,
780.769, 780.770, 780.770a, 780.785, 780.786, 780.791a, 780.796,
780.798, 780.816, 780.828, 780.828a, 780.828b, and 780.829), sec-
tions 13a, 20a, 36, 41a, and 48 as amended by 1998 PA 523, sec-
tions 18a, 35, 46, 66, and 78 as amended and section 78b as added
by 1993 PA 341, sections 19 and 78a as amended by 1996 PA 105,
and section 79 as added by 1988 PA 21, and by adding
section 12a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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TITLE
2
An act to establish the rights of victims of crime and juve-
3
nile offenses; to provide for certain procedures; TO REQUIRE CER-
4
TAIN DUTIES BY CERTAIN STATE AND LOCAL OFFICIALS AND ENTITIES; to
5
establish certain immunities and duties; to limit convicted crim-
6
inals from deriving profit under certain circumstances; to pro-
7
hibit certain conduct of employers or employers' agents toward
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victims; and to provide for penalties and remedies.
9
SEC. 12A. (1) THE DEPARTMENT OF CORRECTIONS SHALL CREATE
10
AND MAINTAIN A COMPUTERIZED DATABASE TO PROVIDE VICTIMS WITH
11
NOTICE UNDER THIS ACT REGARDING THE CUSTODY AND CHANGE IN CUSTODY
12
OF PRISONERS AND DETAINEES.
13
(2) IF A VICTIM HAS REQUESTED NOTICE UNDER THIS ACT OF THE
14
CUSTODY STATUS OR CHANGE IN CUSTODY STATUS OF A PRISONER OR
15
DETAINEE, THE DEPARTMENT OF CORRECTIONS SHALL IMMEDIATELY NOTIFY
16
THAT VICTIM OF THAT CUSTODY STATUS OR CHANGE IN CUSTODY STATUS
17
UPON NOTIFICATION TO THE DEPARTMENT OF CORRECTIONS UNDER SUBSEC-
18
TION (3). THE DEPARTMENT SHALL ALSO MAKE IMMEDIATELY AVAILABLE
19
TO OTHER MEMBERS OF THE PUBLIC THROUGH THE USE OF A TOLL-FREE
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TELEPHONE NUMBER OR THE INTERNET INFORMATION REGARDING THE CUS-
21
TODY STATUS OR CHANGE IN CUSTODY STATUS OF PRISONERS AND
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DETAINEES.
23
(3) AN INDIVIDUAL OR ENTITY THAT IS REQUIRED UNDER THIS ACT
24
TO PROVIDE NOTICE TO THE DEPARTMENT OF CORRECTIONS REGARDING THE
25
CUSTODY STATUS OR CHANGE IN CUSTODY STATUS OF PRISONERS OR
26
DETAINEES SHALL PROMPTLY PROVIDE INFORMATION TO THE DEPARTMENT OF
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CORRECTIONS REGARDING THAT CUSTODY STATUS OR CHANGE IN CUSTODY
2
STATUS AS PRESCRIBED BY THE DEPARTMENT OF CORRECTIONS.
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(4) THE DEPARTMENT OF CORRECTIONS MAY PROMULGATE RULES TO
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IMPLEMENT THIS SECTION.
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Sec. 13a. When a defendant is sentenced to a term of
6
imprisonment or ordered to be placed in a juvenile facility, the
7
prosecuting attorney shall provide the victim with a form the
8
victim may submit to receive the notices provided for under
9
section 19 or 20a. The form shall include the address of the
10
department of corrections , the sheriff, the family independence
11
agency, or the county juvenile agency, as applicable, to which
12
the form may be sent.
13
Sec. 18a. (1) Upon the request of the victim, the prosecut-
14
ing attorney shall notify the victim of the following:
15
(a) That the defendant has filed an appeal of his or her
16
conviction.
17
(b) Whether the defendant has been ordered released on bail
18
or other recognizance pending the disposition of the appeal. If
19
the prosecuting attorney is notified that the defendant has been
20
ordered released on bail or other recognizance pending disposi-
21
tion of the appeal, the prosecuting attorney shall use any means
22
reasonably calculated to give the victim notice of that order
23
within 24 hours after the prosecuting attorney is notified of the
24
order.
25
(B) (c) The time and place of any appellate court proceed-
26
ings and any changes in the time or place of those proceedings.
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(C) (d) The result of the appeal. If the prosecuting
2
attorney is notified that the conviction is ordered reversed or
3
the case is remanded for further proceedings, the prosecuting
4
attorney shall use any means reasonably calculated to give the
5
victim notice of that order within 24 hours after the prosecuting
6
attorney is notified of the order.
7
(2) If the prosecuting attorney is not successful in notify-
8
ing the victim of an event described in subsection (1) within the
9
period set forth in that subsection for notification, the prose-
10
cuting attorney shall notify the victim of that event as soon as
11
possible by any means reasonably calculated to give the victim
12
prompt actual notice.
13
(3) Upon the request of the victim, the prosecuting attorney
14
shall provide the victim with a brief explanation in plain
15
English of the appeal process, including the possible
16
dispositions.
17
(4) If the defendant's conviction is reversed and the case
18
is returned to the trial court for further proceedings, the
19
victim shall have the same rights previously requested during the
20
proceedings which led to the appeal.
21
Sec. 19. (1) Upon the written request of a victim of a
22
crime, the sheriff or the department of corrections shall
23
mail PROVIDE to the victim the following INFORMATION, as appli-
24
cable, about a prisoner who IS DETAINED BEFORE TRIAL OR has been
25
sentenced to imprisonment under the jurisdiction of the A
26
COUNTY sheriff or the department for commission of that crime:
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(a) Within 30 days after the request, notice of the COUNTY
2
sheriff's calculation of the earliest release date of the
3
prisoner, or the department's calculation of the earliest parole
4
eligibility date of the prisoner, with all potential good time or
5
disciplinary credits considered if the sentence of imprisonment
6
exceeds 90 days. The victim may request 1-time only notice of
7
the calculation described in this subdivision.
8
(b) Notice of the transfer or pending transfer of the pris-
9
oner to a minimum security facility and the address of that
10
facility.
11
(c) Notice of the release or pending release of the prisoner
12
in a community residential program, under extended furlough, or
13
any other transfer of a prisoner to community status.
14
(d) Notice of the escape of the person accused, convicted,
15
or imprisoned for committing a crime against the victim, as pro-
16
vided in section 20.
17
(e) Notice of the victim's right to address or submit a
18
written statement for consideration by a parole board member or a
19
member of any other panel having authority over the prisoner's
20
release on parole, as provided in section 21.
21
(f) Notice of the decision of the parole board, or any other
22
panel having authority over the prisoner's release on parole,
23
after a parole review, as provided in section 21(3).
24
(g) Notice of the release of a prisoner 90 days before the
25
date of the prisoner's discharge from prison if practical, unless
26
the notice has been otherwise provided under this article.
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(h) Notice of a public hearing under section 44 of Act
2
No. 232 of the Public Acts of 1953, being section 791.244 of the
3
Michigan Compiled Laws 1953 PA 232, MCL 791.244, regarding a
4
reprieve, commutation, or pardon of the prisoner's sentence by
5
the governor.
6
(i) Notice that a reprieve, commutation, or pardon has been
7
granted.
8
(j) Notice that a prisoner has had his or her name legally
9
changed while on parole or within 2 years of release from
10
parole.
11
(K) NOTICE THAT A PRISONER HAS BEEN ORDERED RELEASED ON BAIL
12
OR OTHER RECOGNIZANCE.
13
(2) A victim's address and telephone number maintained by a
14
sheriff or the department of corrections pursuant to a request
15
for notice under subsection (1) is exempt from disclosure under
16
the freedom of information act, Act No. 442 of the Public Acts
17
of 1976, being sections 15.231 to 15.246 of the Michigan Compiled
18
Laws 1976 PA 442, MCL 15.231 TO 15.246.
19
Sec. 20. (1) As provided in subsection (2) or (3), a victim
20
who requests notice of the escape and the prosecuting attorney
21
who is prosecuting or has prosecuted the crime for which the
22
person is detained or under sentence shall be given immediate
23
notice of the escape of the person accused, convicted, or impris-
24
oned for committing a crime against the victim. The notice shall
25
be given by any means reasonably calculated to give prompt actual
26
notice.
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(2) If the escape occurs before the sentence is executed or
2
before the defendant is delivered to the department of
3
corrections, the chief law enforcement officer of the agency in
4
charge of the person's detention shall give notice of the escape
5
to the prosecuting attorney DEPARTMENT OF CORRECTIONS, who
6
shall then give notice of the escape to THE PROSECUTING ATTORNEY
7
AND TO a victim who requested notice.
8
(3) If the defendant is confined pursuant to a sentence,
9
the THE notice TO THE DEPARTMENT OF CORRECTIONS shall be given
10
by the chief administrator of the place in which the prisoner is
11
confined.
12
Sec. 20a. (1) Upon a victim's written request, the family
13
independence agency or county juvenile agency, as applicable,
14
DEPARTMENT OF CORRECTIONS shall make a good faith effort to
15
notify the victim before either of the following occurs:
16
(a) A juvenile is dismissed from court jurisdiction or dis-
17
charged from commitment to the family independence agency or
18
county juvenile agency THE JURISDICTION OF THE DEPARTMENT OF
19
CORRECTIONS.
20
(b) A juvenile is transferred from a secure juvenile facil-
21
ity to a nonsecure juvenile facility.
22
(C) A JUVENILE IS RELEASED ON BAIL OR RECOGNIZANCE.
23
(2) If the family independence agency or county juvenile
24
agency DEPARTMENT OF CORRECTIONS is not successful in notifying
25
the victim before an event described in subsection (1) occurs,
26
it THE DEPARTMENT OF CORRECTIONS shall notify the victim as
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soon as possible after that event occurs by any means reasonably
2
calculated to give prompt actual notice.
3
(3) Upon the victim's written request, the family indepen-
4
dence agency or county juvenile agency, as applicable,
5
DEPARTMENT OF CORRECTIONS shall give to the victim notice of a
6
juvenile's escape. A victim who requests notice of an escape
7
shall be given immediate notice of the escape by any means rea-
8
sonably calculated to give prompt actual notice. If the escape
9
occurs before the juvenile is delivered to the family indepen-
10
dence agency or county juvenile agency DEPARTMENT OF
11
CORRECTIONS, the agency in charge of the juvenile's detention
12
shall give notice of the escape to the family independence
13
agency or county juvenile agency DEPARTMENT OF CORRECTIONS,
14
which shall then give notice of the escape to the victim who
15
requested notice.
16
Sec. 35. (1) If the juvenile has been placed in a juvenile
17
facility, not later than 48 hours after the preliminary hearing
18
of that juvenile for a juvenile offense, the prosecuting attorney
19
or, pursuant to an agreement under section 48a, the court shall
20
give to the victim the telephone number of the juvenile
21
facility DEPARTMENT OF CORRECTIONS and notice that the victim
22
may contact the juvenile facility DEPARTMENT OF CORRECTIONS to
23
determine whether the juvenile has been released from custody.
24
(2) Based upon any credible evidence of acts or threats of
25
physical violence or intimidation by the juvenile or at the
26
juvenile's direction against the victim or the victim's immediate
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family, the prosecuting attorney may move that the juvenile be
2
detained in a juvenile facility.
3
Sec. 36. (1) Within 72 hours after the prosecuting attorney
4
files or submits a petition seeking to invoke the court's juris-
5
diction for an offense, the prosecuting attorney, or the court
6
pursuant to an agreement under section 48a, shall give to each
7
victim a written notice in plain English of each of the
8
following:
9
(a) A brief statement of the procedural steps in the pro-
10
cessing of a juvenile offense case, including the fact that a
11
juvenile may be waived to the court of general criminal
12
jurisdiction.
13
(b) A specific list of the rights and procedures under this
14
article.
15
(c) Details and eligibility requirements under 1976 PA 223,
16
MCL 18.351 to 18.368.
17
(d) Suggested procedures if the victim is subjected to
18
threats or intimidation.
19
(e) The person to contact for further information.
20
(2) If the victim requests, the prosecuting attorney, or the
21
court pursuant to an agreement under section 48a, shall give the
22
victim notice of any scheduled court proceedings and any changes
23
in that schedule.
24
(3) If the juvenile has not already entered a plea of admis-
25
sion or no contest to the original charge at the preliminary
26
hearing, the prosecuting attorney shall offer the victim the
27
opportunity to consult with the prosecuting attorney to obtain
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the victim's views about the disposition of the offense,
2
including the victim's views about dismissal, waiver, and pre-
3
trial diversion programs, before finalizing any agreement to
4
reduce the original charge.
5
(4) Before placing a juvenile in a pretrial diversion pro-
6
gram for committing a violation that if committed by an adult
7
would be a crime or a serious misdemeanor, the court shall give
8
the victim an opportunity to be heard regarding that placement.
9
The victim has the right to make a statement at the hearing or
10
submit a written statement, or both. As used in this
11
subsection:
12
(a) "Crime" means that term as defined in section 2.
13
(b) "Serious misdemeanor" means that term as defined in sec-
14
tion 61.
15
(5) A victim who receives a notice under subsection (1) and
16
chooses to receive any other notice under this article shall keep
17
the following persons informed of the victim's current address
18
and telephone number:
19
(a) The prosecuting attorney, or the court if an agreement
20
under section 48a exists.
21
(b) If the juvenile is made a public ward, the family inde-
22
pendence agency or county juvenile agency, as applicable.
23
(C) THE DEPARTMENT OF CORRECTIONS.
24
Sec. 41a. When a juvenile is ordered to be placed in a
25
juvenile facility, the prosecuting attorney, or the court pursu-
26
ant to an agreement under section 48a, shall provide the victim
27
with a form the victim may submit to receive the notices from the
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faily independence agency or county juvenile agency, as
2
applicable, DEPARTMENT OF CORRECTIONS provided for under
3
section 48. The form shall include the address of the family
4
independence agency or county juvenile agency DEPARTMENT OF
5
CORRECTIONS to which the form may be sent.
6
Sec. 46. (1) Upon the request of the victim, the prosecut-
7
ing attorney shall notify the victim of the following:
8
(a) That the juvenile has filed an appeal of his or her
9
adjudication.
10
(b) Whether the juvenile has been ordered released on bail
11
or other recognizance pending the disposition of the appeal. If
12
the prosecuting attorney is notified that the juvenile has been
13
ordered released on bail or other recognizance pending disposi-
14
tion of the appeal, the prosecuting attorney shall use any means
15
reasonably calculated to give the victim notice of that order
16
within 24 hours after the prosecuting attorney is notified of the
17
order.
18
(B) (c) The time and place of any appellate court proceed-
19
ings and any changes in the time or place of those proceedings.
20
(C) (d) The result of the appeal. If the prosecuting
21
attorney is notified that the disposition is ordered reversed or
22
the case is remanded for further proceedings, the prosecuting
23
attorney shall use any means reasonably calculated to give the
24
victim notice of that order within 24 hours after the prosecuting
25
attorney is notified of the order.
26
(2) If the prosecuting attorney is not successful in
27
notifying the victim of an event described in subsection (1)
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within the period set forth in that subsection for notification,
2
the prosecuting attorney shall notify the victim of that event as
3
soon as possible by any means reasonably calculated to give the
4
victim prompt actual notice.
5
(3) Upon the request of the victim, the prosecuting attorney
6
shall provide the victim with a brief explanation in plain
7
English of the appeal process, including the possible
8
dispositions.
9
(4) In the event the juvenile's adjudication or order of
10
disposition is reversed and the case is returned to the trial
11
court for further proceedings, the victim shall have the same
12
rights previously requested during the proceedings which led to
13
the appeal.
14
Sec. 48. (1) Upon the victim's written request, the court
15
or the family independence agency or county juvenile agency
16
DEPARTMENT OF CORRECTIONS, as applicable, shall make a good faith
17
effort to notify the victim before any of the following occurs
18
OCCUR:
19
(a) The juvenile is dismissed from court jurisdiction or
20
discharged from commitment to the family independence agency or
21
county juvenile agency.
22
(b) The juvenile is transferred from a secure juvenile
23
facility to a nonsecure juvenile facility.
24
(c) The juvenile has his or her name legally changed while
25
under the court's jurisdiction or within 2 years after discharge
26
from the court's jurisdiction.
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(D) THE JUVENILE IS RELEASED ON BAIL OR RECOGNIZANCE.
2
(2) If the court , family independence agency, or county
3
juvenile agency OR THE DEPARTMENT OF CORRECTIONS is not success-
4
ful in notifying the victim before an event described in
5
subsection (1)(a), (b), or (c) occurs, it shall notify the victim
6
as soon as possible after that event occurs.
7
(3) Upon the victim's written request, the family indepen-
8
dence agency, county juvenile agency, or court DEPARTMENT OF
9
CORRECTIONS shall give to the victim notice of a juvenile's
10
escape from a secure detention or treatment facility. A victim
11
who requests notice of an escape shall be given immediate notice
12
of the escape by any means reasonably calculated to give prompt
13
actual notice.
14
(4) Upon the victim's request, the prosecuting attorney
15
shall give the victim notice of a review hearing conducted under
16
section 18 of chapter XIIA of 1939 PA 288, MCL 712A.18. The
17
victim has the right to make a statement at the hearing or submit
18
a written statement for use at the hearing, or both.
19
Sec. 66. (1) If a plea of guilty or nolo contendere is
20
accepted by the court at the time of the arraignment of the
21
defendant for a serious misdemeanor, the court shall notify the
22
prosecuting attorney of the plea and the date of sentencing
23
within 48 hours after the arraignment. If no guilty or nolo con-
24
tendere plea is accepted at the arraignment and further proceed-
25
ings will be scheduled, the court shall so notify the prosecuting
26
attorney within 48 hours after the arraignment. A notice to the
27
prosecuting attorney under this subsection shall be on a separate
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1
form and shall include the name, address, and telephone number of
2
the victim. The notice shall not be a matter of public record.
3
Within 48 hours after receiving this notice, the prosecuting
4
attorney shall give to each victim a written notice in plain
5
English of each of the following:
6
(a) A brief statement of the procedural steps in the pro-
7
cessing of a misdemeanor case, including pretrial conferences.
8
(b) A specific list of the rights and procedures under this
9
article.
10
(c) Details and eligibility requirements under Act No. 223
11
of the Public Acts of 1976, being sections 18.351 to 18.368 of
12
the Michigan Compiled Laws 1976 PA 223, MCL 18.351 TO 18.368.
13
(d) Suggested procedures if the victim is subjected to
14
threats or intimidation.
15
(e) The person to contact for further information.
16
(2) If requested by the victim, the prosecuting attorney
17
shall give to the victim notice of any scheduled court proceed-
18
ings and notice of any changes in that schedule.
19
(3) If the defendant has not already entered a plea of
20
guilty or nolo contendere at the arraignment, the prosecuting
21
attorney shall offer the victim the opportunity to consult with
22
the prosecuting attorney to obtain the views of the victim about
23
the disposition of the serious misdemeanor, including the
24
victim's views about dismissal, plea or sentence negotiations,
25
and pretrial diversion programs before finalizing any negotiation
26
that may result in a dismissal, plea or sentence bargain, or
27
pretrial diversion.
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(4) If the case against the defendant is dismissed at any
2
time, the prosecuting attorney shall notify the victim of the
3
dismissal within 48 hours.
4
(5) A victim who receives a notice under subsection (1) or
5
(2) and who chooses to receive any other notice or notices under
6
this article shall keep the following persons informed of the
7
victim's current address and telephone number:
8
(a) The prosecuting attorney, until final disposition or
9
completion of the appellate process, whichever occurs later.
10
(b) The sheriff, if the defendant is imprisoned for more
11
than 92 days.
12
(C) THE DEPARTMENT OF CORRECTIONS.
13
Sec. 78. (1) Upon the request of the victim, the prosecut-
14
ing attorney shall notify the victim of the following:
15
(a) That the defendant has filed an appeal of his or her
16
conviction.
17
(b) Whether the defendant has been ordered released on bail
18
or other recognizance pending the disposition of the appeal. If
19
the prosecuting attorney is notified that the defendant has been
20
ordered released on bail or other recognizance pending disposi-
21
tion of the appeal, the prosecuting attorney shall use any means
22
reasonably calculated to give the victim notice of that order
23
within 24 hours after the prosecuting attorney is notified of the
24
order.
25
(B) (c) The time and place of any appellate court proceed-
26
ings and any changes in the time or place of those proceedings.
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1
(C) (d) The result of the appeal. If the prosecuting
2
attorney is notified that the conviction is ordered reversed or
3
the case is remanded for further proceedings, the prosecuting
4
attorney shall use any means reasonably calculated to give the
5
victim notice of that order within 24 hours after the prosecuting
6
attorney is notified of the order.
7
(2) If the prosecuting attorney is not successful in notify-
8
ing the victim of an event described in subsection (1) within the
9
period set forth in that subsection for notification, the prose-
10
cuting attorney shall notify the victim of that event as soon as
11
possible by any means reasonably calculated to give the victim
12
prompt actual notice.
13
(3) Upon the request of the victim, the prosecuting attorney
14
shall provide the victim with a brief explanation in plain
15
English of the appeal process, including the possible
16
dispositions.
17
(4) If the defendant's conviction is reversed and the case
18
is returned to the trial court for further proceedings, the
19
victim shall have the same rights previously requested during the
20
proceedings which led to the appeal.
21
Sec. 78a. (1) Upon the written request of a victim of a
22
serious misdemeanor, the sheriff DEPARTMENT OF CORRECTIONS
23
shall mail to IMMEDIATELY NOTIFY the victim OF the following,
24
as applicable, about a prisoner who has been sentenced to impris-
25
onment OR PRE-TRIAL DETENTION under the jurisdiction of the A
26
COUNTY sheriff for commission of that serious misdemeanor:
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1
(a) Within 30 days after the request, notice NOTICE of the
2
sheriff's calculation of the earliest release date of the
3
prisoner, with all potential good time or disciplinary credits
4
considered if the sentence of imprisonment exceeds 90 days. The
5
victim may request 1-time only notice of the calculation
6
described in this subdivision.
7
(b) Notice of the escape of the person accused, convicted,
8
or imprisoned for committing a serious misdemeanor against the
9
victim, as provided in section 78b.
10
(c) Notice that a prisoner has had his or her name legally
11
changed while imprisoned in the county jail or within 2 years of
12
release from the county jail.
13
(D) NOTICE THAT A PRISONER HAS BEEN ORDERED RELEASED ON BAIL
14
OR OTHER RECOGNIZANCE.
15
(2) When a defendant is sentenced to a term of imprisonment,
16
the prosecuting attorney shall provide the victim with a form the
17
victim may submit to receive the notices provided for under this
18
section or section 78b. The form shall include the address of
19
the sheriff's department OF CORRECTIONS to which the form may
20
be sent.
21
Sec. 78b. (1) As provided in subsection (2) or (3), a
22
victim who requests notice of the escape and the prosecuting
23
attorney who is prosecuting or has prosecuted the serious misde-
24
meanor for which the person is detained or under sentence shall
25
be given immediate notice of the escape of the person accused,
26
convicted, or imprisoned for committing a serious misdemeanor
02334'99
18
1
against the victim. The notice shall be given by any means
2
reasonably calculated to give prompt actual notice.
3
(2) If the escape occurs before the sentence is executed or
4
before the defendant is delivered to the sheriff, the chief law
5
enforcement officer of the agency in charge of the person's
6
detention shall give notice of the escape to the prosecuting
7
attorney DEPARTMENT OF CORRECTIONS, who shall then give notice
8
of the escape to THE PROSECUTING ATTORNEY AND a victim who
9
requested notice.
10
(3) If the defendant is confined pursuant to a sentence,
11
the THE notice shall be given by the chief administrator of the
12
place in which the prisoner is confined.
13
Sec. 79. (1) Upon the written request of the victim, the
14
sheriff DEPARTMENT OF CORRECTIONS shall notify the victim of
15
the earliest possible release date of the defendant if the
16
defendant is sentenced to more than 92 days' imprisonment.
17
(2) The victim's written request for notice under this sec-
18
tion shall include the victim's address.
02334'99 Final page. TVD