DISTRICT COURT UPDATE
Summons Article, March, 2007
written by
Hon. M. Randall Jurrens

Recent legislative amendment of the spouse abuse act, MCL 769.4a, is the subject of this month’s update.

Specifically, 2006 PA 663, effective January 10, 2007, simultaneously limited, expanded and clarified courts’ authority when deferring sentencing in [domestic] [aggravated] assault cases by enacting provisions that, 

n      expand the reasons disqualifying defendants from consideration for deferred sentencing to include prior conviction for any assaultive crime (i.e. no longer  just [domestic] assault, MCL 750.81, and aggravated assault, MCL 750.81a)

n      further expand this preclusion to include prior conviction for an assaultive crime in any other state (i.e. no longer just Michigan convictions)

n      clarify that a deferred sentence may include any condition of probation available under the general probation statute, MCL 771.3

n      authorize incarceration (not exceeding the maximum allowed for the underlying offense) while on probation, including at non-consecutive intervals

n      permit granting of day parole, MCL 801.251 et seq., as well as work or school release from jail

Notwithstanding these amendments, the basic framework remains unchanged:  deferred sentencing under the spouse abuse act is limited to cases where an eligible defendant pleads guilty to, or is found guilty of, [domestic] assault, MCL 750.81, or aggravated assault, MCL 750.81a, involving a member of a specified class of victims, and the court, with the consent of the prosecutor (in consultation with the victim), agrees to dismiss the case and discharge the defendant upon successful completion of probation.  [Note:  only 1 discharge per customer]

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