Michigan Compiled Laws
Article 1 - (780.751...780.775)
Section 780.766a - Fines, Costs, and Assessments or Payments Other Than Victim Payments; Allocation of Payments; Priority; "Victim Payment" Defined.

Sec. 16a.
(1) If a person is subject to any combination of fines, costs, restitution, assessments, probation or parole supervision fees, or other payments arising out of the same criminal proceeding, money collected from that person for the payment of fines, costs, restitution, assessments, probation or parole supervision fees, or other payments ordered to be paid in that proceeding shall be allocated as provided in this section. If a person is subject to fines, costs, restitution, assessments, probation or parole supervision fees, or other payments in more than 1 proceeding in a court and if a person making a payment on the fines, costs, restitution, assessments, probation or parole supervision fees, or other payments does not indicate the proceeding for which the payment is made, the court shall first apply the money paid to a proceeding in which there is unpaid restitution to be allocated as provided in this section.
(2) Except as otherwise provided in this subsection, if a person is subject to payment of victim payments and any combination of other fines, costs, assessments, probation or parole supervision fees, or other payments, 50% of each payment collected by the court from that person shall be applied to payment of victim payments, and the balance shall be applied to payment of fines, costs, supervision fees, and other assessments or payments. If a person making a payment indicates that the payment is to be applied to victim payments, or if the payment is received as a result of a wage assignment under section 16 or from the department of corrections or sheriff under section 17a, the payment shall first be applied to victim payments. If any fines, costs, supervision fees, or other assessments or payments remain unpaid after all of the victim payments have been paid, any additional money collected shall be applied to payment of those fines, costs, supervision fees, or other assessments or payments. If any victim payments remain unpaid after all of the fines, costs, supervision fees, or other assessments or payments have been paid, any additional money collected shall be applied to payment of those victim payments.
(3) In cases involving prosecutions for violations of state law, money allocated under subsection (2) for payment of fines, costs, probation and parole supervision fees, and assessments or payments other than victim payments shall be applied in the following order of priority:
(a) Payment of the minimum state cost prescribed by section 1j of chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.1j.
(b) Payment of other costs.
(c) Payment of fines.
(d) Payment of probation or parole supervision fees.
(e) Payment of assessments and other payments, including reimbursement to third parties who reimbursed a victim for his or her loss.
(4) In cases involving prosecutions for violations of local ordinances, money allocated under subsection (2) for payment of fines, costs, and assessments or payments other than victim payments shall be applied in the following order of priority:
(a) Payment of the minimum state cost prescribed by section 1j of chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.1j.
(b) Payment of fines and other costs.
(c) Payment of assessments and other payments.
(5) As used in this section, "victim payment" means restitution ordered to be paid to the victim or the victim's estate, but not to a person who reimbursed the victim for his or her loss; or an assessment ordered under section 5 of 1989 PA 196, MCL 780.905.
History: Add. 2000, Act 503, Eff. June 1, 2001 ;-- Am. 2003, Act 98, Eff. Oct. 1, 2003 ;-- Am. 2005, Act 184, Eff. Jan. 1, 2006 ;-- Am. 2006, Act 461, Eff. Jan. 1, 2007

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 780 - Criminal Procedure

Act 87 of 1985 - William Van Regenmorter Crime Victim's Rights Act (780.751 - 780.834)

Article 1 - (780.751...780.775)

Section 780.751 - Short Title.

Section 780.752 - Definitions; Designation of Person to Act in Place of Victim; Individual Charged With Offense Arising Out of Same Transaction; Eligibility to Exercise Privileges and Rights Established for Victims.

Section 780.752a - Duty to Provide Notice to Victim; Furnishing Information or Records; Exception for Address Confidentiality Program.

Section 780.753 - Information to Be Given Victim.

Section 780.754 - Return of Property to Victim; Retention of Evidence.

Section 780.754a - Victim of Identity Theft; Filing Police Report; Jurisdiction; "Identity Theft" Defined.

Section 780.755 - Victim to Be Given Notice of Availability of Pretrial Release, Telephone Number of Sheriff or Juvenile Facility, and Notice of Right to Contact Sheriff or Juvenile Facility; Revocation of Bond or Personal Recognizance.

Section 780.756 - Notice to Be Given Victim; Consultation With Prosecuting Attorney; Persons to Be Informed of Victim's Current Address and Telephone Number.

Section 780.757 - Waiting Area for Victim or Other Safeguards.

Section 780.758 - Motion Not to Compel Testimony of Victim or Other Witness; Hearing; Address and Phone Number of Victim Not to Be in Court File or Documents; Exemption From Disclosure; Exception.

Section 780.759 - Speedy Trial; Requirements; Hearing; Notice; Time of Trial.

Section 780.760 - Conference With Victim by Prosecuting Attorney.

Section 780.761 - Presence of Victim at Trial; Sequestering Victim.

Section 780.762 - Discharge or Discipline of Victim or Victim Representative by Employer or Employer's Agent as Misdemeanor; Penalty; “Victim Representative” Defined.

Section 780.763 - Notice to Be Given Victim by Prosecuting Attorney; Means; Contents of Impact Statement.

Section 780.763a - Providing Victim With Form to Receive Certain Notices.

Section 780.764 - Impact Statement Generally.

Section 780.765 - Oral Impact Statement at Sentencing; Physical Presence of Defendant; Amendatory Act to Be Known and Cited as "Rebekah Bletsch Law".

Section 780.766 - "Victim" Defined; Restitution; Order; Condition of Probation, Parole, or Sentence; Revocation of Probation or Parole; Petition to Modify Payment Method; Lien; Enforcement; Failure to Pay Restitution; Payment by Parent of Juvenile; D...

Section 780.766a - Fines, Costs, and Assessments or Payments Other Than Victim Payments; Allocation of Payments; Priority; "Victim Payment" Defined.

Section 780.766b - Conviction of Offense Described in MCL 750.462a to 750.462h; Restitution.

Section 780.767 - Amount of Restitution; Order; Consideration; Order to Obtain Information; Disclosures; Resolving Dispute as to Amount and Type of Restitution.

Section 780.767a - Deductions and Payments.

Section 780.768 - Sale of Recollections of Thoughts and Feelings of Convicted Person; Proceeds to Be Held in Escrow; Disposition of Proceeds.

Section 780.768a - Notice to Victim; Explanation of Appeal Process; Rights of Victim if Conviction Reversed.

Section 780.768b - Early Termination of Probation; Notice to Victim.

Section 780.769 - Request for Notice by Victim; Exemption of Victim's Address and Telephone Number From Disclosure.

Section 780.769a - Defendant Found Not Guilty by Reason of Insanity; Notice to Victim From Director of Hospital or Facility.

Section 780.770 - Notice of Escape.

Section 780.770a - Notice to Victim by Family Independence Agency or County Juvenile Agency; Escape by Juvenile.

Section 780.770b - Notice of Review Hearing.

Section 780.771 - Rights of Victim; Notice of Pending Review and Victim's Rights; Representation of Counsel; Notice of Board or Panel Decision; Exemption From Disclosure.

Section 780.772 - Notice of Final Disposition of Case.

Section 780.772a - Notice to Victim of Defendant's Application to Have Conviction for Assaultive Crime Set Aside; “Assaultive Crime” Defined.

Section 780.773 - Cause of Action Not Created.

Section 780.774 - Failure to Provide Right, Privilege, or Notice to Victim.

Section 780.775 - Effective Date of Article; Applicability.