District Court Update

September 2008

Effective July 10, 2008, 2008 PA 192 amends MCL 765.6b to permit a judge to order a defendant to wear a GPS device as a condition of release. Commonly referred to as "Mary’s Law", the new provisions provide that the judge may order the defendant, as a condition of release, to wear the GPS tracking system if the defendant is charged with a crime involving domestic violence. The judge must also determine that there is a likelihood that the GPS would deter the defendant from seeking to do harm to the victim, and the defendant must agree to pay for the cost of the monitoring device(s).

If the defendant is ordered to wear a GPS, then a number of requirements come into play. For instance, the areas that the defendant is to be excluded from may be defined, and the victim may also participate by wearing an electronic receptor device which will notify the victim if the defendant is within the excluded area. The defendant would also be prohibited from purchasing or possessing a firearm.

The defendant would be responsible for the costs of the victim’s electronic receptor device. The victim may decline to participate or may opt out of the monitoring program at any time. The statute also includes several matters that must be adhered to if the victim is participating in the program by wearing a device, including being furnished with a local law enforcement contact if immediate assistance is needed (refer to statute, since the list is lengthy).

The statute also states that: "(7) This section does not limit the authority of judges or district court magistrates to impose protective or other release conditions under other applicable statutes or court rules." So a defendant who is placed on the MOR program, for instance, would still be subject to those rules rather than the new rules, unless that person is also equipped with a GPS device. The GPS system is optional, as another available condition for pre-trial release, with recognition that not all incidents of domestic violence rise to the level of necessitating use of a GPS monitoring system.

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