Michigan Laws 764.15e – Violation of condition of release; arrest without warrant; duties of peace officer; release on interim bond; priority to certain cases; hearing and revocation procedures
Current as of: 2023 | Check for updates
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Terms Used In Michigan Laws 764.15e
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Arrest: Taking physical custody of a person by lawful authority.
- Complaint: means a written accusation, under oath or upon affirmation, that a felony, misdemeanor, or ordinance violation has been committed and that the person named or described in the accusation is guilty of the offense. See Michigan Laws 761.1
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q
- Judicial district: means the following:
(i) With regard to the circuit court, the county. See Michigan Laws 761.1person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l 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 or governmental entity that enacted the ordinance, charter, rule, or regulation upon which the ordinance violation is based. See Michigan Laws 761.1
(1) A peace officer, without a warrant, may arrest and take into custody a defendant whom the peace officer has or receives positive information that another peace officer has reasonable cause to believe is violating or has violated a condition of release imposed under section 6b of chapter V or section 2a of 1961 PA 44, MCL 780.582a.
(2) If a peace officer arrests a defendant under subsection (1), the peace officer shall do all of the following:
(a) Prepare a complaint of violation of conditional release substantially in the following format:
| COMPLAINT OF VIOLATION OF CONDITIONAL RELEASE | ||||||||||
| I | am a peace officer. I have determined by: | |||||||||
| (name) | ||||||||||
| L.E.I.N. and verification with the police agency holding the order | ||||||||||
| Certified or true copy of order | ||||||||||
| Other (Describe) | ||||||||||
| That | released | subject to the following | ||||||||
| (court) | (name of defendant) | |||||||||
| conditions: | ||||||||||
| (state or attach a statement of relevant conditions) | ||||||||||
| I have reasonable cause to believe that on | at | the | ||||||||
| (date) | (time) | |||||||||
| defendant violated those conditions as follows: | ||||||||||
| (state violations) | ||||||||||
| (Signature) | ||||||||||
| (Date) | ||||||||||
(b) If the arrest occurred within the judicial district of the court that imposed the conditions of release, both of the following:
(i) Immediately provide 1 copy of the complaint to the defendant, the original and 1 copy of the complaint to that court, and 1 copy of the complaint to the prosecuting attorney for the case in which the conditional release was granted. The law enforcement agency shall retain 1 copy of the complaint.
(ii) Bring the defendant before that court within 1 business day following the defendant’s arrest to answer the charge of violating the conditions of release.
(c) If the arrest occurred outside the judicial district of the court that imposed the conditions of release, both of the following:
(i) Immediately provide 1 copy of the complaint to the defendant, and the original and 1 copy of the complaint to the district court or municipal court in the judicial district in which the violation occurred. The law enforcement agency shall retain 1 copy of the complaint.
(ii) Bring the defendant before the district court or municipal court in the judicial district in which the violation occurred within 1 business day following the arrest. The court shall determine conditions of release and promptly transfer the case to the court that released the defendant subject to conditions. The court to which the case is transferred shall notify the prosecuting attorney in writing of the alleged violation.
(3) If, in the opinion of the arresting police agency or officer in charge of the jail, it is safe to release the defendant before the defendant is brought before the court under subsection (2), the arresting police agency or officer in charge of the jail may release the defendant on interim bond of not more than $500.00 requiring the defendant to appear at the opening of court the next business day. If the defendant is held for more than 24 hours without being brought before the court under subsection (2), the officer in charge of the jail shall note in the jail records why it was not safe to release the defendant on interim bond under this subsection.
(4) The court shall give priority to cases brought under this section in which the defendant is in custody or in which the defendant’s release would present an unusual risk to the safety of any person.
(5) The hearing and revocation procedures for cases brought under this section shall be governed by Supreme court rules.