Sec. 17a.
(1) If a defendant who has been sentenced to the department of corrections is ordered to pay restitution under section 16, and if the defendant receives more than $50.00 in a month, the department of corrections shall deduct 50% of the amount over $50.00 received by the defendant for payment of the restitution. The department of corrections shall promptly send the deducted money to the court or to the crime victim as provided in the order of restitution when it accumulates to an amount that exceeds $100.00, or when the defendant is paroled, transferred to community programs, or discharged on the maximum sentence.
(2) If a defendant who has been sentenced to jail is ordered to pay restitution under section 16, and if the defendant receives more than $50.00 in a month, the sheriff may deduct 50% of the amount over $50.00 received by the defendant for payment of the restitution, and 5% of the amount over $50.00 received by the defendant to be retained by the sheriff as an administrative fee. The sheriff shall promptly send the money deducted for restitution to the court or to the crime victim as provided in the order of restitution when it accumulates to an amount that exceeds $100.00, or when the defendant is released to probation or discharged on the maximum sentence.
(3) The department of corrections or sheriff, as applicable, shall notify the defendant and the court in writing of all deductions and payments made under this section. The requirements of this section remain in effect until all of the restitution has been paid. The department of corrections or sheriff shall not enter into any agreement with a defendant that modifies the requirements of this section. An agreement in violation of this subsection is void.
History: Add. 2005, Act 184, Eff. Jan. 1, 2006 ;-- Am. 2006, Act 461, Eff. Jan. 1, 2007
Structure 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 780.753 - Information to Be Given Victim.
Section 780.754 - Return of Property to Victim; Retention of Evidence.
Section 780.757 - Waiting Area for Victim or Other Safeguards.
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 780.763a - Providing Victim With Form to Receive Certain Notices.
Section 780.764 - Impact Statement Generally.
Section 780.766b - Conviction of Offense Described in MCL 750.462a to 750.462h; Restitution.
Section 780.767a - Deductions and Payments.
Section 780.768b - Early Termination of Probation; Notice to Victim.
Section 780.770 - Notice of Escape.
Section 780.770b - Notice of Review Hearing.
Section 780.772 - Notice of Final Disposition of Case.
Section 780.773 - Cause of Action Not Created.
Section 780.774 - Failure to Provide Right, Privilege, or Notice to Victim.