7.5Victim Impact Statement at Public Hearing on Medical Probation or Compassionate Release
A very brief discussion on medical probation and compassionate release as it pertain to crime victims is contained in this section. For additional discussion of the topic, see the Michigan Judicial Institute’s Criminal Proceedings Benchbook, Vol. 2, Chapter 9.
“Subject to [MCL 771.3g(4)], a court may enter an order of probation placing a prisoner on medical probation under the charge and supervision of a probation officer if the court finds that the prisoner requires acute long-term medical treatment or services, or that the prisoner is physically or mentally incapacitated with a medical condition that renders the prisoner unable to perform activities of basic daily living and the prisoner requires 24-hour care.” MCL 771.3g(3).
MCL 771.3g(4) lists preconditions that must be satisfied before a prisoner can be placed on medical probation. For purposes of crime victims, MCL 771.3g(4)(c) requires “[t]he court [to] conduct[] a public hearing in which the prosecuting attorney of the county and each victim who requests notice in the manner provided in the William Van Regenmorter crime victim’s rights act, . . . MCL 780.751 to [MCL] 780.834, are provided adequate notice of the hearing and an opportunity to be hearing during the hearing.” For a discussion on victim notification under the CVRA, see Chapter 5.
“Subject to [MCL 771.3h(3)], a court may grant compassionate release to a prisoner if the court finds that the prisoner has a life expectancy of not more than 6 months and that the release of the prisoner would not reasonably pose a threat to public safety or the prisoner. If a court grants a prisoner compassionate release, the court shall enter an amended judgment of sentence specifying that the prisoner is released from the term of imprisonment imposed for the offense for which the prisoner was originally convicted.” MCL 771.3h(2).
MCL 771.3h(3) lists preconditions that must be satisfied before a prisoner can be placed on compassionate release. For purposes of crime victims, MCL 771.3h(3)(c) requires “[t]he court [to] conduct[] a public hearing in which the prosecuting attorney of the county and each victim who requests notice in the manner provided in the William Van Regenmorter crime victim’s rights act, . . . MCL 780.751 to [MCL] 780.834, are provided adequate notice of the hearing and an opportunity to be hearing during the hearing.” For a discussion on victim notification under the CVRA, see Chapter 5.