Michigan Compiled Laws
175-1927-IX - Chapter IX Judgment and Sentence (769.1...769.36)
Section 769.8 - Definite Term Prohibited for Conviction for First Time for Felony; Fixing Minimum Term; Stating Maximum Term; Examination of Convict; Entering Facts in Minutes of Court.

Sec. 8.
(1) When a person is convicted for the first time for committing a felony and the punishment prescribed by law for that offense may be imprisonment in a state prison, the court imposing sentence shall not fix a definite term of imprisonment, but shall fix a minimum term, except as otherwise provided in this chapter. The maximum penalty provided by law shall be the maximum sentence in all cases except as provided in this chapter and shall be stated by the judge in imposing the sentence.
(2) Before or at the time of imposing sentence, the judge shall ascertain by examining the defendant under oath, or otherwise, and by other evidence as can be obtained tending to indicate briefly the causes of the defendant's criminal character or conduct, which facts and other facts that appear to be pertinent in the case the judge shall cause to be entered upon the minutes of the court.
History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17336 ;-- CL 1948, 769.8 ;-- Am. 1978, Act 77, Eff. Sept. 1, 1978 ;-- Am. 1994, Act 322, Eff. (pending) ;-- Am. 1998, Act 317, Eff. Dec. 15, 1998 Former Law: See section 1 of Act 184 of 1905, being CL 1915, § 15859; and Act 259 of 1921.

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Structure Michigan Compiled Laws

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 769.1 - Authority and Power of Court; Crimes for Which Juvenile to Be Sentenced as Adult; Fingerprints as Condition to Sentencing; Hearing at Juvenile's Sentencing; Determination; Criteria; Waiver; Violation of MCL 333.7403; Statement on Reco...

Section 769.1a - Order of Restitution.

Section 769.1b - Review Hearing for Juvenile Placed on Probation and Committed; Determination; Considerations; Time of Review Hearing; Notice; Legal Counsel; Costs; Commitment Reports; Final Review; Imposition of Sentence for Adult Offender; Notice;...

Section 769.1c - Psychiatrist; Definition; Aid From State Hospitals.

Section 769.1d - Expense of Confinement in State Institutions.

Section 769.1e - Violations of Criminal Law; Licensing Sanctions; Report of Finding to Secretary of State; "License" Defined.

Section 769.1f - Expenses for Which Court May Order Person Convicted to Reimburse State or Local Unit of Government; Payment; Reimbursement as Condition of Probation or Parole; Enforcement of Order; Failure to Make Order Reimbursement; Definitions.

Section 769.1g - Offense Relating to Riot, Incitement to Riot, Unlawful Assembly or Civil Disorder Within Public Community College, College, or University Campus.

Section 769.1h - Consecutive or Concurrent Sentence.

Section 769.1j - Court Ordered Fine, Costs, or Assessments; Minimum Amounts; Definitions.

Section 769.1k - Imposition of Fine, Cost, or Assessment; Availability of Information to Defendant; Reports; Nonpayment of Costs.

Section 769.1l - Order of Restitution; Deduction; Payment to Court; Priority.

Section 769.2 - Repealed. 2015, Act 216, Eff. Mar. 14, 2016.

Section 769.2a - Persons Sentenced for Certain Crimes Not Eligible for Custodial Incarceration Outside State Correctional Facility or County Jail; “State Correctional Facility” Defined; Effect of Security Classification Waiver.

Section 769.3 - Conditional Sentence; Payment of Fine; Probation.

Section 769.4 - Conditional Sentence; Execution.

Section 769.4a - Assault on Spouse, Former Spouse, Individual With Child in Common, Dating Relationship, or Household Resident; Plea or Finding of Guilty; Deferral of Proceedings; Order of Probation; Previous Convictions; Adjudication of Guilt Upon V...

Section 769.5 - Alternative or Combined Penalties; Power of Court; Rebuttable Presumption; Reasonable Grounds for Departure; Show Cause Order; Contempt Order.

Section 769.6 - Recognizance to Keep Peace; Court Option.

Section 769.7 - Recognizance to Keep Peace; Breach of Condition; Procedure.

Section 769.8 - Definite Term Prohibited for Conviction for First Time for Felony; Fixing Minimum Term; Stating Maximum Term; Examination of Convict; Entering Facts in Minutes of Court.

Section 769.9 - Indeterminate Sentence Inapplicable Where Only Punishment Is Life Imprisonment; Indeterminate Sentence in Cases Where Imprisonment for Life Discretionary; Indeterminate Sentence in Cases Involving Major Controlled Substance Offense.

Section 769.10 - Punishment for Subsequent Felony; Sentence Imposed for Term of Years Considered Indeterminate Sentence; Use of Conviction to Enhance Sentence Prohibited.

Section 769.11 - Punishment for Subsequent Felony Following Conviction of 2 or More Felonies; Sentence for Term of Years Considered Indeterminate Sentence; Use of Conviction to Enhance Sentence Prohibited.

Section 769.11a - Void Sentence; Trial Judge to Credit Time Served.

Section 769.11b - Credit Time Served Prior to Sentence; Lack of Bond.

Section 769.12 - Punishment for Subsequent Felony Following Conviction of 3 or More Felonies; Sentence for Term of Years Considered Indeterminate Sentence; Use of Conviction to Enhance Sentence Prohibited; Eligibility for Parole; Provisions Not in De...

Section 769.13 - Notice of Intent to Seek Enhanced Sentence; Filing by Prosecuting Attorney; Challenge to Accuracy or Constitutional Validity; Evidence of Existence of Prior Conviction; Determination by Court; Burden of Proof.

Section 769.14 - Review of Sentence of Prisoner or Parolee; Application; Rights of Prisoner.

Section 769.16 - Clerk of Court and Sheriff; Duty in Executing Sentence; Fine or Imprisonment in County Jail; Transcript.

Section 769.16a - Report by Clerk of Final Disposition to Department of State Police; Forms; Fingerprints; Reporting Conviction; Report of Vacated Judgment; Entry of Disposition Into Database.

Section 769.16b - Finding of Not Guilty by Reason of Insanity; Entering Order Into Law Enforcement Information Network.

Section 769.17 - Clerk of Court and Sheriff; Duty in Executing Sentence; Imprisonment in State Prison; Warrant, Abstract of Conviction.

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 769.25 - Criminal Defendant Less Than 18 Years; Circumstances; Imprisonment for Life Without Possibility of Parole; Violations; Motion; Response; Hearing; Record; Sentence.

Section 769.25a - Case as Final on or Before June 24, 2012; Effect of State Supreme Court or United States Supreme Court Decision; Procedures; Resentencing Hearings; Priority; Credit for Time Served.

Section 769.26 - Error in Pleading or Procedure; Effect.

Section 769.27 - Change of Sentence by Court; Notice to Prosecuting Attorney, Defendant, and Defendant's Counsel; Objection; Hearing.

Section 769.28 - Commitment or Sentence for Maximum of 1 Year; Place; Section Inapplicable to Certain Juveniles.

Section 769.31 - Definitions.

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.

Section 769.36 - Deaths Arising Out of Same Criminal Transaction; Crimes to Which Person May Be Charged and Convicted; Consecutive Terms; Definitions.