775.22 Allocation and application of money collected; “victim payment” defined.

427 words·~2 min read·/mi/chapter-775/775-22

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Sec. 22.

(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 shall 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 all money collected 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 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 toward 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.

(b)Payment of other costs.

(c)Payment of fines.

(d)Payment of probation or parole supervision fees.

(e)Payment of assessments and other payments.

(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.

(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. 1993, Act 343, Eff. May 1, 1994 ;-- Am. 2003, Act 102 , Eff. Oct. 1, 2003