Michigan Laws 780.769 – Request for notice by victim; exemption of victim’s address and telephone number from disclosure
Current as of: 2023 | Check for updates
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Terms Used In Michigan Laws 780.769
- Conviction: A judgement of guilt against a criminal defendant.
- Crime: means a violation of a penal law of this state for which the offender, upon conviction, may be punished by imprisonment for more than 1 year or an offense expressly designated by law as a felony. See Michigan Laws 780.752
- 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.
- Person: means an individual, organization, partnership, corporation, or governmental entity. See Michigan Laws 780.752
- Prisoner: means a person who has been convicted and sentenced to imprisonment or placement in a juvenile facility for having committed a crime or an act that would be a crime if committed by an adult against a victim. See Michigan Laws 780.752
- 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) An individual who suffers direct or threatened physical, financial, or emotional harm as a result of the commission of a crime, except as provided in subparagraph (ii), (iii), (iv), or (v). See Michigan Laws 780.752
(1) Upon the written request of any individual who was a victim of the defendant‘s course of conduct that gave rise to the conviction, the sheriff or the department of corrections shall mail to that victim the following, as applicable, about a prisoner who has been sentenced to imprisonment under the jurisdiction of the sheriff or the department for that crime:
(a) Within 30 days after the request, notice of the sheriff’s calculation of the prisoner’s earliest release date or the department’s calculation of the prisoner’s earliest parole eligibility date, with all potential good time or disciplinary credits considered, if the sentence of imprisonment exceeds 90 days.
(b) Notice of the prisoner’s transfer or pending transfer to a minimum security facility and the facility’s address.
(c) Notice of the prisoner’s release or pending release in a community residential program or under furlough; 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 that the person accused, convicted, or imprisoned for committing a crime against the victim has escaped from custody, as provided in section 20.
(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 prisoner’s release on parole during the time the prisoner’s release on parole or commutation of sentencing is being considered, as provided in section 21.
(ii) The victim’s right 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 prisoner’s release on parole, after a parole review, as provided in section 21.
(g) Notice of the release of a prisoner 90 days before the date of the prisoner’s discharge from prison, unless the notice has been otherwise provided under this article.
(h) Notice that the prisoner has applied for a reprieve, commutation, or pardon and the parole board has decided to consider the application.
(i) Notice of a public hearing under section 44 of the corrections code of 1953, 1953 PA 232, MCL 791.244, regarding a reprieve, commutation, or pardon of the prisoner’s sentence by the governor.
(j) Notice that a reprieve, commutation, or pardon has been granted or denied upon conclusion of a public hearing.
(k) Notice that a prisoner has had his or her name legally changed while on parole or within 2 years after release from parole.
(l) Notice that a prisoner has been convicted of a new crime.
(m) Notice that a prisoner has been returned from parole status to a correctional facility due to an alleged violation of the conditions of his or her parole.
(n) Notice that the prisoner, 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.
(2) A victim’s address and telephone number maintained by a sheriff or the department of corrections upon a request for notice under this section are exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, and shall not be released.