Michigan Compiled Laws
Article 1 - (780.751...780.775)
Section 780.767 - Amount of Restitution; Order; Consideration; Order to Obtain Information; Disclosures; Resolving Dispute as to Amount and Type of Restitution.

Sec. 17.
(1) In determining the amount of restitution to order under section 16, the court shall consider the amount of the loss sustained by any victim as a result of the offense.
(2) The court may order the probation officer to obtain information pertaining to the amounts of loss described in subsection (1). The probation officer shall include the information collected in the presentence investigation report or in a separate report, as the court directs.
(3) The court shall disclose to both the defendant and the prosecuting attorney all portions of the presentence or other report pertaining to the matters described in subsection (1).
(4) Any dispute as to the proper amount or type of restitution shall be resolved by the court by a preponderance of the evidence. The burden of demonstrating the amount of the loss sustained by a victim as a result of the offense shall be on the prosecuting attorney.
History: 1985, Act 87, Eff. Oct. 9, 1985 ;-- Am. 1996, Act 562, Eff. June 1, 1997

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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.