Sec. 1j.
(1) Beginning October 1, 2003, if the court orders a person convicted of an offense to pay any combination of a fine, costs, or applicable assessments, the court shall order that the person pay costs of not less than the following amount, as applicable:
(a) $68.00, if the defendant is convicted of a felony.
(b) $50.00, if the defendant is convicted of a misdemeanor or ordinance violation.
(2) Of the costs ordered to be paid by a person convicted of an offense, the clerk shall pay to the justice system fund created in section 181 of the revised judicature act of 1961, 1961 PA 236, MCL 600.181, the applicable amount specified as a minimum cost under subsection (1).
(3) Payment of the minimum state cost is a condition of probation under chapter XI of this act.
(4) If a defendant who is ordered to pay a minimum state cost under subsection (1) posts a cash bond or bail deposit in connection with the case, the court shall order that the minimum state cost be collected out of the bond or deposit as provided in section 15 of chapter V of this act or section 6 or 7 of 1966 PA 257, MCL 780.66 and 780.67.
(5) If a defendant who is ordered to pay a minimum state cost under this section is subject to any combination of fines, costs, restitution, assessments, or payments arising out of the same criminal prosecution, money collected from that person for the payment of fines, costs, restitution, assessments, or other payments shall be allocated as provided in section 22 of chapter XV. A fine imposed for a felony, misdemeanor, or ordinance violation shall not be waived unless costs, other than the minimum cost ordered under subsection (2), are waived.
(6) On the last day of each month, the clerk of the court shall transmit the minimum state cost or portions of minimum state cost collected under this section to the department of treasury for deposit in the justice system fund created in section 181 of the revised judicature act of 1961, 1961 PA 236, MCL 600.181.
(7) As used in this section:
(a) "Felony" means a violation of a penal law of this state for which the offender may be punished by imprisonment for more than 1 year or an offense expressly designated by law to be a felony.
(b) "Minimum state cost" means the applicable minimum cost to be ordered for a conviction under subsection (1).
History: Add. 2003, Act 70, Eff. Oct. 1, 2003 ;-- Am. 2008, Act 547, Eff. Apr. 1, 2009 ;-- Am. 2011, Act 293, Eff. Apr. 1, 2012
Structure Michigan Compiled Laws
Chapters 760 - 777 - Code of Criminal Procedure
Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69)
175-1927-IX - Chapter IX Judgment and Sentence (769.1...769.36)
Section 769.1a - Order of Restitution.
Section 769.1c - Psychiatrist; Definition; Aid From State Hospitals.
Section 769.1d - Expense of Confinement in State Institutions.
Section 769.1h - Consecutive or Concurrent Sentence.
Section 769.1j - Court Ordered Fine, Costs, or Assessments; Minimum Amounts; Definitions.
Section 769.1l - Order of Restitution; Deduction; Payment to Court; Priority.
Section 769.2 - Repealed. 2015, Act 216, Eff. Mar. 14, 2016.
Section 769.3 - Conditional Sentence; Payment of Fine; Probation.
Section 769.4 - Conditional Sentence; Execution.
Section 769.6 - Recognizance to Keep Peace; Court Option.
Section 769.7 - Recognizance to Keep Peace; Breach of Condition; Procedure.
Section 769.11a - Void Sentence; Trial Judge to Credit Time Served.
Section 769.11b - Credit Time Served Prior to Sentence; Lack of Bond.
Section 769.14 - Review of Sentence of Prisoner or Parolee; Application; Rights of Prisoner.
Section 769.18 - Record After Sentence of Imprisonment; Duty of Clerk; Contents, Forwarding, Fee.
Section 769.19-769.23 - Repealed. 1972, Act 179, Imd. Eff. June 16, 1972.
Section 769.24 - Excessive Sentence; Validity.
Section 769.26 - Error in Pleading or Procedure; Effect.
Section 769.32, 769.33 - Repealed. 2002, Act 31, Eff. Apr. 1, 2002.
Section 769.32a - Repealed 2018, Act 576, Eff. Sept. 30, 2019.
Section 769.33a - Repealed. 2018, Act 576, Eff. Sept. 30, 2019.
Section 769.34 - Sentencing Guidelines; Duties of Court.
Section 769.35 - Jail Reimbursement Program; Operation; Criteria.