780.756 Notice to be given victim; consultation with prosecuting attorney; persons to be informed of victim's current address and telephone number.

465 words·~2 min read·/mi/chapter-780/780-756

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Sec. 6.

(1)Not later than 7 days after the defendant's arraignment for a crime, but not less than 24 hours before a preliminary examination, the prosecuting attorney shall give to each victim a written notice in plain English of each of the following:

(a)A brief statement of the procedural steps in the processing of a criminal case.

(b)A specific list of the rights and procedures under this article.

(c)A convenient means for the victim to notify the prosecuting attorney that the victim chooses to exercise his or her rights under this article.

(d)Details and eligibility requirements for compensation from the crime victim services commission under 1976 PA 223, MCL 18.351 to 18.368.

(e)Suggested procedures if the victim is subjected to threats or intimidation.

(f)The person to contact for further information.

(2)If the victim requests, the prosecuting attorney shall give the victim notice of any scheduled court proceedings and any changes in that schedule.

(3)Before finalizing any negotiation that may result in a dismissal, plea or sentence bargain, or pretrial diversion, the prosecuting attorney shall offer the victim the opportunity to consult with the prosecuting attorney to obtain the victim's views about the disposition of the prosecution for the crime, including the victim's views about dismissal, plea or sentence negotiations, and pretrial diversion programs.

(4)A victim who receives a notice under subsection

(1)and who chooses to receive any notice or exercise any right under this article shall keep the following persons informed of the victim's current address or address designated by the department of the attorney general if he or she is a program participant as that term is defined in section 3 of the address confidentiality program act and telephone number:

(a)The prosecuting attorney, until final disposition or completion of the appellate process, whichever occurs later.

(b)The department of corrections or the sheriff, as the prosecuting attorney directs, if the defendant is imprisoned.

(c)The department of health and human services or county juvenile agency, as the prosecuting attorney directs, if the defendant is held in a juvenile facility.

(d)The hospital or facility, as the prosecuting attorney directs, if the defendant is hospitalized in or admitted to a hospital or a facility.

History: 1985, Act 87, Eff. Oct. 9, 1985 ;-- Am. 1988, Act 21, Eff. June 1, 1988 ;-- Am. 1993, Act 341, Eff. May 1, 1994 ;-- Am. 1998, Act 523 , Imd. Eff. Jan. 12, 1999 ;-- Am. 2000, Act 503 , Eff. June 1, 2001 ;-- Am. 2005, Act 184 , Eff. Jan. 1, 2006 ;-- Am. 2020, Act 276 , Imd. Eff. Dec. 29, 2020