Michigan Compiled Laws
175-1927-IX - Chapter IX Judgment and Sentence (769.1...769.36)
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.

Sec. 9.
(1) The provisions of this chapter relative to indeterminate sentences shall not apply to a person convicted for the commission of an offense for which the only punishment prescribed by law is imprisonment for life.
(2) In all cases where the maximum sentence in the discretion of the court may be imprisonment for life or any number or term of years, the court may impose a sentence for life or may impose a sentence for any term of years. If the sentence imposed by the court is for any term of years, the court shall fix both the minimum and the maximum of that sentence in terms of years or fraction thereof, and sentences so imposed shall be considered indeterminate sentences. The court shall not impose a sentence in which the maximum penalty is life imprisonment with a minimum for a term of years included in the same sentence.
(3) In cases involving a major controlled substance offense for which the court is directed by law to impose a sentence which cannot be less than a specified term of years nor more than a specified term of years, the court in imposing the sentence shall fix the length of both the minimum and maximum sentence within those specified limits, in terms of years or fraction thereof, and the sentence so imposed shall be considered an indeterminate sentence.
History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17337 ;-- CL 1948, 769.9 ;-- Am. 1957, Act 193, Eff. Sept. 27, 1957 ;-- Am. 1978, Act 77, Eff. Sept. 1, 1978 Former Law: See section 3 of Act 184 of 1905, being CL 1915, § 15861; 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.