Glossary
A
•For purposes of the administrative rules governing the Crime Victim Services Commission (by authority under MCL 18.353), accomplice is “any person who knowingly aids or assists another person in the commission of a crime, either before, during, or after the crime.” Mich Admin Code, R 18.351(1)(a).
•For purposes of MCL 791.235, activities of daily living is “basic personal care and everyday activities as described in 42 CFR 441.505, including, but not limited to, tasks such as eating, toileting, grooming, dressing, bathing, and transferring from 1 physical position to another, including, but not limited to, moving from a reclining position to a sitting or standing position.” MCL 791.235(22)(a).
Address confidentiality program
•For purposes of MCL 764.15c, address confidentiality program “means the program created in the address confidentiality program act [MCL 780.851–MCL 780.873].” MCL 764.15c(7)(a). The address confidentiality program is a program in the department of the attorney general that maintains the confidentiality of a victim’s residential address when the victim is a certified participant in the program by designating for the victim’s use another address that is not the victim’s residential address. See generally MCL 780.855.
•For purposes of MCL 600.5805 and MCL 600.5851b, adjudication is “an adjudication of 1 or more offenses under . . . MCL 712A.1 to [MCL] 712A.32.” MCL 600.5805(16)(a); MCL 600.5851b(5)(a).
Advanced practice registered nurse
•For purposes of MCL 333.17708(2), advanced practice registered nurse “means that term as defined in section 17201 and includes a licensed advanced practice registered nurse.” MCL 333.17708(2)(a). In MCL 333.17201(1)(a), advanced practice registered nurse or a.p.r.n. “means a registered professional nurse who has been granted a specialty certification under section 17210 in 1 of the following health profession specialty fields:
(i) Nurse midwifery.
(ii) Nurse practitioner.
(iii) Clinical nurse specialist.” MCL 333.17201(1)(a).
•For purposes of MCL 750.411i, “[a]n individual who engages in stalking is guilty of aggravated stalking if the violation involves any of the following circumstances:
(a) At least 1 of the actions constituting the offense is in violation of a restraining order and the individual has received actual notice of that restraining order or at least 1 of the actions is in violation of an injunction or preliminary injunction.
(b) At least 1 of the actions constituting the offense is in violation of a condition of probation, a condition of parole, a condition of pretrial release, or a condition of release on bond pending appeal.
(c) The course of conduct includes the making of 1 or more credible threats against the victim, a member of the victim's family, or another individual living in the same household as the victim.
(d) The individual has been previously convicted of a violation of [MCL 750.411i] or [MCL 750.411h].” MCL 750.411i(2).
•For purposes of MCL 764.9c–MCL 764.9g, appearance ticket “means a complaint or written notice issued and subscribed by a police officer or other public servant authorized by law or ordinance to issue it directing a designated person to appear in a designated local criminal court at a designated future time in connection with his or her alleged commission of a designated violation or violations of state law or local ordinance.” MCL 764.9f(1).
•For purposes of MCL 712A.18e, MCL 764.9c, or MCL 765.6b(6), assaultive crime is “that term as defined in . . . MCL 770.9a.” MCL 712A.18e(7)(a); MCL 764.9c(9)(a); MCL 765.6b(6)(a). MCL 770.9a defines assaultive crime as any of the following offense against a person described in the following statutes:
•assault against a Department of Health and Human Services1 employee causing serious bodily impairment, MCL 750.81c(3).
•felonious assault, MCL 750.82.
•assault with intent to murder, MCL 750.83.
•assault with intent to do great bodily harm less than murder or assault by strangulation or suffocation, MCL 750.84.
•assault with intent to maim, MCL 750.86.
•assault with intent to commit a felony, MCL 750.87.
•assault with intent to rob (unarmed), MCL 750.88.
•assault with intent to rob (armed), MCL 750.89.
•intentional assaultive conduct against pregnant individual with intent to cause great bodily harm or death to embryo or fetus and causing miscarriage or stillbirth, MCL 750.90a.
•assaultive conduct against pregnant individual causing miscarriage, stillbirth, death to embryo or fetus, or great bodily harm to embryo or fetus, MCL 750.90b(a)-(b).
•attempted murder, MCL 750.91.
•a violation of MCL 750.200 to MCL 750.212a (governing explosives, bombs, and harmful devices).
•first-degree murder, MCL 750.316.
•second-degree murder, MCL 750.317.
•manslaughter, MCL 750.321.
•kidnapping, MCL 750.349.
•prisoner taking another as hostage, MCL 750.349a.
•kidnapping child under 14, MCL 750.350.
•mayhem, MCL 750.397.
•stalking, MCL 750.411h(2)(b); MCL 750.411h(3).
•aggravated stalking, MCL 750.411i.
•first-degree criminal sexual conduct (CSC-I), MCL 750.520b.
•second-degree criminal sexual conduct (CSC-II), MCL 750.520c.
•third-degree criminal sexual conduct (CSC-III), MCL 750.520d.
•fourth-degree criminal sexual conduct (CSC-IV), MCL 750.520e.
•assault with intent to commit criminal sexual conduct (CSC), MCL 750.520g.
•armed robbery, MCL 750.529.
•carjacking, MCL 750.529a.
•unarmed robbery, MCL 750.530.
•a violation of MCL 750.543a to MCL 750.543z (governing terrorist crimes).
•For purposes of MCL 780.621 et seq., assaultive crime is any of the following:
•a violation described in MCL 770.9a;
•a violation of MCL 750.81 to MCL 750.90g not included in MCL 770.9a;
•a violation of MCL 750.110a, MCL 750.136b, MCL 750.234a, MCL 750.234b, MCL 750.234c, MCL 750.349b, MCL 750.411h(2)(a), or any other violent felony;
•a violation of the law of another state or of a political subdivision of this state or another state that substantially corresponds to a violation listed in MCL 780.621(4)(a)(i)-(iii). MCL 780.621(4)(a)(iv).
C
•For purposes of MCR 1.111, case or court proceeding is “any hearing, trial, or other appearance before any court in this state in an action, appeal, or other proceeding, including any matter conducted by a judge, magistrate, referee, or other hearing officer.” MCR 1.111(A)(1).
•For purposes of the Child Protection Law, MCL 722.621 et seq., child is “an individual under 18 years of age.” MCL 722.622(f).
•For purposes of the Child Protection Law, MCL 722.621 et seq., child abuse is “harm or threatened harm to a child’s health or welfare that occurs through nonaccidental physical or mental injury, sexual abuse, sexual exploitation, or maltreatment, by a parent, a legal guardian, any other person responsible for the child’s health or welfare, a teacher, a teacher’s aide, a member of the clergy, or an individual 18 years of age or older who is involved with a youth program.”MCL 722.622(g).
•For purposes of the Child Protection Law, MCL 722.621 et seq., child neglect is “harm or threatened harm to a child’s health or welfare by a parent, legal guardian, or any other person responsible for the child’s health or welfare that occurs through either of the following:
(i) Negligent treatment, including the failure to provide adequate food, clothing, shelter, or medical care, though financially able to do so, or by the failure to seek financial or other reasonable means to provide adequate food, clothing, shelter, or medical care.
(ii) Placing a child at an unreasonable risk to the child’s health or welfare by failure of the parent, legal guardian, or other person responsible for the child’s health or welfare to intervene to eliminate that risk when that person is able to do so and has, or should have, knowledge of the risk.” MCL 722.622(k).
•For purposes of the administrative rules governing the Crime Victim Services Commission (by authority under MCL 18.353), civil infraction “has the meaning prescribed by [MCL 257.6a2].” Mich Admin Code, R 18.351(1)(c). MCL 257.6a defines civil infraction as “an act or omission prohibited by law which is not a crime as defined in . . . [MCL] 750.5[,] . . . and for which civil sanctions may be ordered.”
•For purposes of the Crime Victims Compensation Board, MCL 18.351 et seq. (by authority under Mich Admin Code, R 18.351(2)), claimant is “a victim or intervenor who is injured, or any other person eligible for an award under [MCL 18.354(1)] or [MCL 18.355(1)], who files a claim under this act.” MCL 18.351(a).
•For purposes of the administrative rules governing the Crime Victim Services Commission (by authority under MCL 18.353), closed session is “a meeting or part of a meeting of the commission which is closed to the public in order to protect certain rights of confidentiality.”Mich Admin Code, R 18.351(1)(d).
•For purposes of the Crime Victims Compensation Board, MCL 18.351 et seq. (by authority under Mich Admin Code, R 18.351(2)), commission is “the crime victim services commission[ (CVSC)].” MCL 18.351(b).
•For purposes of MCL 776.21b, confidential address means “that term as defined in [MCL 780.853].” MCL 780.853(b) defines confidential address as “the address of a program participant’s residence, as specified on an application to be a program participant or on a notice of change of information as provided under [MCL 780.855] that is classified confidential by the department of the attorney general.”
•For purposes of MCL 600.2157a, confidential communication is “information transmitted between a victim and a sexual assault or domestic violence counselor, or between a victim or sexual assault or domestic violence counselor and any other person to whom disclosure is reasonably necessary to further the interests of the victim, in connection with the rendering of advice, counseling, or other assistance by the sexual assault or domestic violence counselor to the victim.” MCL 600.2157a(1)(a).
•For purposes of MCR 3.903, confidential file “means[:]
(a) records of a case brought before the court under Chapter XIIA of the Probate Code, MCL 712A.1 et seq., including, but not limited to,
(i) the diversion record of a minor pursuant to . . . MCL 722.821 et seq.;
(ii) the separate statement about known victims of juvenile offenses, as required by . . . MCL 780.751 et seq.;
(iii) the testimony taken in a closed proceeding pursuant to MCR 3.925(A)(2) and MCL 712A.17(7);
(iv) the dispositional reports pursuant to MCR 3.943(C)(3) and MCR 3.973(E)(4);
(v) biometric data required to be maintained under MCL 28.243;
(vi) reports of sexually motivated crimes, MCL 28.247;
(vii) test results of those charged with certain sexual or substance offense offenses, MCL 333.5129;
(b) the contents of a social file maintained by the court, including materials such as
(i) youth and family record fact sheet;
(ii) social study;
(iii) reports (such as dispositional, investigative, laboratory, medical, observation, psychological, psychiatric, progress, treatment, school, and police reports);
(iv) [DHHS] records;
(v) correspondence
(vi) victim statements;
(vii) information regarding the identity or location of a foster parent, preadoptive parent, or relative caregiver.” MCR 3.903(A)(3).
•For purposes of the Sex Offenders Registration Act (SORA), MCL 28.721 et seq., convicted is “1 of the following:
(i) Having a judgment of conviction or a probation order entered in any court having jurisdiction over criminal offenses, including, but not limited to, a tribal court or a military court. Convicted does not include a conviction that was subsequently set aside under . . . MCL 780.621 to [MCL] 780.624, or otherwise expunged.
(ii) Except as otherwise provided in this subparagraph, being assigned to youthful trainee status under . . . MCL 762.11 to [MCL] 762.15, before October 1, 2004. An individual who is assigned to and successfully completes a term of supervision under . . . MCL 762.11 to [MCL] 762.15, is not convicted for purposes of [the SORA]. This subparagraph does not apply if a petition was granted under [MCL 28.728c] at any time allowing the individual to discontinue registration under this act, including a reduced registration period that extends to or past July 1, 2011, regardless of the tier designation that would apply on and after that date.
(iii) Having an order of disposition entered under . . . MCL 712A.18, that is open to the general public under . . . MCL 712A.28, if both of the following apply:
(A) The individual was 14 years of age or older at the time of the offense.
(B) The order of disposition is for the commission of an offense that would classify the individual as a tier III offender.
(iv) Having an order of disposition or other adjudication in a juvenile matter in another state or country if both of the following apply:
(A) The individual is 14 years of age or older at the time of the offense.
(B) The order of disposition or other adjudication is for the commission of an offense that would classify the individual as a tier III offender.” MCL 28.722(a).
•For purposes of the Setting Aside Convictions Act, MCL 780.621 et seq., conviction is “a judgment entered by a court upon a plea of guilty, guilty but mentally ill, or nolo contendere, or upon a jury verdict or court finding that a defendant is guilty or guilty but mentally ill.” MCL 780.621a(a).
•For purposes of the Revised Judicature Act, Chapter 10B (Mental Health Court), MCL 600.1090 et seq., and Chapter 10C (Juvenile Mental Health Court), MCL 600.1099b et seq., co-occurring disorder is “having 1 or more disorders relating to the use of alcohol or other controlled substances of abuse as well as any serious mental illness, serious emotional disturbance, or developmental disability. A diagnosis of co-occurring disorders occurs when at least 1 disorder of each type can be established independent of the other and is not simply a cluster of symptoms resulting from 1 disorder.” MCL 600.1090(a); MCL 600.1099b(a).
•For purposes of Article 15, Part 181 (Counseling) of the Public Health Code MCL 333.18101 et seq., counseling is “the rendering to individuals, groups, families, organizations, or the general public a service involving the application of clinical counseling principles, methods, or procedures for the purpose of achieving social, personal, career, and emotional development and with the goal of promoting and enhancing healthy self actualizing and satisfying lifestyles whether the services are rendered in an educational, business, health, private practice, or human services setting. The practice of counseling does not include the practice of psychology except for those preventive techniques, counseling techniques, or behavior modification techniques for which the licensed professional counselor or limited licensed counselor has been specifically trained. The practice of counseling does not include the practice of medicine such as prescribing drugs or administering electroconvulsive therapy. A counselor shall not hold himself or herself out as a psychologist as defined in [MCL 333.18201]. A counselor shall not hold himself or herself out as a marriage and family counselor providing marriage counseling pursuant to [MCL 339.15013].” MCL 333.18101(d).
•For purposes of the CVRA, Article 2 (Juvenile Article), MCL 780.781 et seq., county juvenile agency is “that term as defined in . . . MCL 45.622.” MCL 780.781(1)(a). MCL 45.622 defines county juvenile agency as “a county that has approved a resolution in accordance with [MCL 45.623].” MCL 45.622.
•For purposes of MCL 750.411h and MCL 750.411i, course of conduct is “a pattern of conduct composed of a series of 2 or more separate noncontinuous acts evidencing a continuity of purpose.”4 MCL 750.411h(1)(a); MCL 750.411i(1)(a).
•For purposes of the Juvenile Code, MCL 712A.1 et seq. and the CVRA, Article 2 (Juvenile Article), MCL 780.781 et seq., court refers to “the family division of circuit court.” MCL 712A.1(1)(e); MCL 780.781(1)(b).
•For purposes of MCL 600.2163a, courtroom support dog is “a dog that has been trained and evaluated as a support dog pursuant to the Assistance Dogs International Standards for guide or service work and that is repurposed and appropriate for providing emotional support to children and adults within the court or legal system or that has performed the duties of a courtroom support dog prior to September 27, 2018.” MCL 600.2163a(1)(a).
•For purposes of MCR 8.119(I), court records are “all documents and records of any nature that are filed with or maintained by the clerk in connection with the action.” MCR 8.119(I)(5).
•For purposes of MCL 750.411i, credible threat is “a threat to kill another individual or a threat to inflict physical injury upon another individual that is made in any manner or in any context that causes the individual hearing or receiving the threat to reasonably fear for his or her safety or the safety of another individual.” MCL 750.411i(1)(b).
•For purposes of the Crime Victims Compensation Board, MCL 18.351 et seq. (by authority under Mich Admin Code, R 18.351(2)), crime is “an act that is 1 of the following:
(i) A crime under the laws of this state, the United States, or a federally recognized tribe in this state, that causes actual bodily harm, including pregnancy or death, or that poses a reasonably perceived or actual threat of injury or death within this state.[5]
(ii) An act committed in another state that if committed in this state would constitute a crime under the laws of this state, the United States, or a federally recognized tribe in this state, that causes actual bodily harm, including pregnancy or death, or that poses a reasonably perceived or actual threat of injury or death within this state or that causes actual bodily harm, including pregnancy or death, to a resident of this state or that poses a reasonably perceived or actual threat of injury or death to a resident of this state within a state that does not have a victim compensation program eligible for funding from the victims of crime act of 1984 [VOCA, 42 USC 10603].
(iii) An act of international terrorism as that term is defined in . . . 18 USC 2331, committed outside the territorial jurisdiction of the United States that causes actual bodily harm, including pregnancy or death, to a resident of this state or that poses a reasonably perceived or actual threat of injury or death.” MCL 18.351(c).
•For purposes of the administrative rules governing the Crime Victim Services Commission (by authority under MCL 18.353), crime is “an act or omission forbidden by law which is not designated as a civil infraction and which is punishable, upon conviction, by imprisonment, a fine which is not a civil fine, or other penal discipline.” Mich Admin Code, R 18.351(1)(e).
•For purposes of MCL 600.4708, crime is “committing, attempting to commit, conspiring to commit, or soliciting another person to commit any of the following offenses in connection with which the forfeiture of property is sought:
(i) A violation of . . . the natural resources and environmental protection act, . . . MCL 324.11101 to [MCL] 324.11153.
(ii) A violation of . . . the natural resources and environmental protection act, . . . MCL 324.12101 to [MCL] 324.12117.
(iii) A criminal violation of . . . the natural resources and environmental protection act, . . . MCL 324.41301 to [MCL] 324.41325, or a permit issued under that part involving a prohibited species that is an aquatic species.
(iv) A violation of . . . the medicaid false claim act, . . . MCL 400.604, [MCL] 400.605, [or MCL] 400.607.
(v) A violation of . . . the Michigan antitrust reform act, . . . MCL 445.772 [or MCL] 445.773.
(vi) A violation described in . . . the uniform securities act (2002), . . . MCL 451.2508.
(vii) A violation of . . . MCL 722.675 [or MCL] 722.677.
(viii) A violation of any of the following:
(A) . . . the Michigan penal code, . . . MCL 750.49, [MCL] 750.75, [MCL] 750.94, [MCL] 750.95, [MCL] 750.96, [MCL] 750.100, [MCL] 750.104, [MCL] 750.105, [MCL] 750.110, [MCL] 750.110a, [MCL] 750.112, [MCL] 750.117, [MCL] 750.118, [MCL] 750.119, [MCL] 750.120, [MCL] 750.121, [MCL] 750.124, [MCL] 750.145c, [MCL] 750.145d, [MCL] 750.157q, [MCL] 750.157r, [MCL] 750.174, [MCL] 750.175, [MCL] 750.176, [MCL] 750.180, [MCL] 750.181, [MCL] 750.182, [MCL] 750.213, [MCL] 750.214, [MCL] 750.218, [MCL] 750.219a, [MCL] 750.224, [MCL] 750.248, [MCL] 750.249, [MCL] 750.250, [MCL] 750.251, [MCL] 750.252, [MCL] 750.253, [MCL] 750.254, [MCL] 750.255, [MCL] 750.263, [MCL] 750.264, [MCL] 750.271, [MCL] 750.272, [MCL] 750.273, [MCL] 750.274, [MCL] 750.300, [MCL] 750.356, [MCL] 750.357, [MCL] 750.357a, [MCL] 750.359, [MCL] 750.360, [MCL] 750.459, [MCL] 750.520b, [MCL] 750.520c, [MCL] 750.520d, [MCL] 750.520g, [MCL] 750.529, [MCL] 750.530, [MCL] 750.531, [MCL] 750.535, [MCL] 750.540c, [or MCL] 750.540g, or former [MCL 750.106].
(B) . . . the Michigan penal code, . . . MCL 750.462a to [MCL] 750.462h.
(C) . . . the Michigan penal code, . . . MCL 750.543a to [MCL] 750.543z.
(ix) A violation of . . . MCL 752.791 to [MCL] 752.797.
(x) A violation of . . . the occupational code, . . . MCL 339.601.” MCL 600.4701(a).
•For purposes of the Michigan Penal Code, MCL 750.1 et seq., crime “means an act or omission forbidden by law which is not designated as a civil infraction, and which is punishable upon conviction by any 1 or more of the following:
(a) Imprisonment
(b) Fine not designated a civil fine.
(c) Removal from office.
(d) Disqualification to hold an office of trust, honor, or profit under the state.
(e) Other penal discipline.” MCL 750.5.
•For purposes of the CVRA, Article 1 (Felony Article), MCL 780.751 et seq., crime is “a violation of a penal law of this state for which the offender, upon conviction, may be punished by imprisonment for more than 1 year or an offense expressly designated by law as a felony.” MCL 780.752(1)(b).
•For purposes of the administrative rules governing the Crime Victim Services Commission (by authority under MCL 18.353), criminally responsible is “legally accountable or legally answerable for a crime.” Mich Admin Code, R 18.351(1)(f).
•For purposes of MCL 600.5805 and MCL 600.5851b, criminal sexual conduct is “conduct prohibited under . . . MCL 750.520b, [MCL] 750.520c, [MCL] 750.520d, [MCL] 750.520e, [or MCL] 750.520g.” MCL 600.5805(16)(b); MCL 600.5851b(5)(b).
Custodian of the videorecorded statement
•For purposes of MCL 600.2163a, custodian of the videorecorded statement is “the department of health and human services [(DHHS)], investigating law enforcement agency, prosecuting attorney, or department of attorney general or another person designated under the county protocols established as required by . . . MCL 722.628.” MCL 600.2163a(1)(b).
•For purposes of MCL 712A.17b, custodian of the videorecorded statement is “the investigating law enforcement agency, prosecuting attorney, or department of attorney general or another person designated under the county protocols established as required by . . . MCL 722.628.” MCL 712A.17b(1)(a).
•For purposes of MCL 712A.2(a)(1)(B),6 dangerous weapon is defined as one or more of the following:
“(i) A loaded or unloaded firearm, whether operable or inoperable.
(ii) A knife, stabbing instrument, brass knuckles, blackjack, club, or other object specifically designed or customarily carried or possessed for use as a weapon.
(iii) An object that is likely to cause death or bodily injury when used as a weapon and that is used as a weapon or carried or possessed for use as a weapon.
(iv) An object or device that is used or fashioned in a manner to lead a person to believe the object or device is an object or device described in subparagraphs (i) to (iii).” MCL 712A.2(a)(1)(B).
•For purposes of the Crime Victims Compensation Board, MCL 18.351 et seq., dating relationship “means frequent, intimate associations primarily characterized by the expectation of affectional involvement. Dating relationship does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context.” MCL 18.351(d).
•For purposes of MCL 400.1501, MCL 600.2950, and MCL 764.15a, dating relationship means “frequent, intimate associations primarily characterized by the expectation of affectional involvement.” It “does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context.” MCL 400.1501(b); MCL 600.2950(30)(a); MCL 764.15a(b).
•For purposes of MCL 750.411h, dating relationship means “frequent, intimate associations primarily characterized by the expectation of affectional involvement”; “[t]his term does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context.” MCL 750.411h(1)(b).
•For purposes of MCL 764.15c, dating relationship is “that term as defined in . . . MCL 600.2950.” MCL 764.15c(7)(b).
•For purposes of the Deaf Persons’ Interpreters Act, MCL 393.502 et seq., intermediary interpreter is “any person, including any deaf or deaf-blind person, who is able to assist in providing an accurate interpretation between spoken English and sign language or between variants of sign language by acting as an intermediary between a deaf or deaf-blind person and a qualified interpreter.” MCL 393.502(e).
•For purposes of the Deaf Persons’ Interpreters Act, MCL 393.501 et seq., deaf person is “a person whose hearing is totally impaired or whose hearing, with or without amplification, is so seriously impaired that the primary means of receiving spoken language is through other sensory input; including, but not limited to, lip reading, sign language, finger spelling, or reading.” MCL 393.502(b).
•For purposes of the Deaf Persons’ Interpreters Act, MCL 393.501 et seq., deaf-blind person is “a person who has a combination of hearing loss and vision loss, such that the combination necessitates specialized interpretation of spoken and written information in a manner appropriate to that person’s dual sensory loss.” MCL 393.502(c).
•For purposes of MCL 768.27c, declarant is “a person who makes a statement.” MCL 768.27c(5)(a).
•For purposes of the CVRA, Article 1 (Felony Article), MCL 780.751 et seq., defendant is “a person charged with, convicted of, or found not guilty by reason of insanity of committing a crime against a victim.” MCL 780.752(1)(d).
•For purposes of the CVRA, Article 3 (Misdemeanor Article), MCL 780.811 et seq., defendant is “a person charged with or convicted of having committed a serious misdemeanor against a victim.” MCL 780.811(1)(c).
•For purposes of MCR 3.935, delinquency proceeding is “a proceeding concerning an offense by a juvenile, as defined in MCR 3.903(B)(3).” MCR 3.903(A)(5).
•For purposes of the Crime Victims Compensation Board, MCL 18.351 et seq., dependent “means an individual principally dependent on another for support.” MCL 18.351(e).
•For purposes of the administrative rules governing the Crime Victim Services Commission (by authority under MCL 18.353), dependent is “a person who receives at least 1/2 of his or her support from a deceased victim or claimant and includes a child of the victim born after his or her death.” Mich Admin Code, R 18.351(1)(g).
•For purposes of the CVRA, Article 2 (Juvenile Article), MCL 780.781 et seq., designated case is “a case designated as a case in which the juvenile is to be tried in the same manner as an adult under . . . MCL 712A.2d.” MCL 780.781(1)(d).
•Unless the context of a statute requires otherwise, MCL 330.1100, for purposes of the Mental Health Code, MCL 330.1100a et seq., developmental disability is “either of the following:
(a) If applied to an individual older than 5 years of age, a severe, chronic condition that meets all of the following requirements:
(i) Is attributable to a mental or physical impairment or a combination of mental and physical impairments.
(ii) Is manifested before the individual is 22 years old.
(iii) Is likely to continue indefinitely.
(iv) Results in substantial functional limitations in 3 or more of the following areas of major life activity:
(A) Self-care.
(B) Receptive and expressive language.
(C) Learning.
(D) Mobility.
(E) Self-direction.
(F) Capacity for independent living.
(G) Economic self-sufficiency.
(v) Reflects the individual’s need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services that are of lifelong or extended duration and are individually planned and coordinated.
(b) If applied to a minor from birth to 5 years of age, a substantial developmental delay or a specific congenital or acquired condition with a high probability of resulting in developmental disability as defined in subdivision (a) if services are not provided.” MCL 330.1100a(27)(a)-(b).
•For purposes of the Revised Judicature Act, Chapter 10B (Mental Health Court), MCL 600.1090 et seq., and Chapter 10C (Juvenile Mental Health Court), MCL 600.1099b et seq., developmental disability is “that term as defined in . . . MCL 330.1100a.” MCL 600.1090(a); MCL 600.1099b(c).
•For purposes of MCL 600.2163a and MCL 712A.17b, developmental disability is “that term as defined in . . . MCL 330.1100a, except that, for the purposes of implementing [MCL 600.2163a and MCL 712A.17b], developmental disability includes only a condition that is attributable to a mental impairment or to a combination of mental and physical impairments and does not include a condition attributable to a physical impairment unaccompanied by a mental impairment.” MCL 600.2163a(1)(c); MCL 712A.17b(1)(b).
Domestic or sexual violence service provider agency
•As used in MCL 776.21b, domestic or sexual violence service provider agency means “an agency that receives funding from the [Department of Health and Human Services] division of victim services to provide confidential supportive services to victims of domestic or sexual violence, receives a federal grant through the United States Department of Justice to provide confidential supportive services to victims of domestic or sexual violence, or is associated with an Indian tribe and is providing confidential supportive services to victims of domestic or sexual violence.” MCL 776.21b(4)(b).
•For purposes of MCL 600.2157a, domestic violence is “that term as defined in . . . [MCL] 400.1501[.]”MCL 600.2157a(1)(b)
•For purposes of MCL 765.6b, domestic violence is “that term as defined in . . . MCL 400.1501.” MCL 765.6b(6)(b). MCL 400.1501, defines domestic violence as follows:
“‘Domestic violence’ means the occurrence of any of the following acts by an individual that is not an act of self-defense:
(i) Causing or attempting to cause physical or mental harm to a family or household member.
(ii) Placing a family or household member in fear of physical or mental harm.
(iii) causing or attempting to cause a family or household member to engage in involuntary sexual activity by force, threat of force, or duress.
(iv) Engaging in activity toward a family or household member that would cause a reasonable individual to feel terrorized, frightened, intimidated, threatened, harassed, or molested.” MCL 400.1501(d).7
•For purposes of MCL 768.27c, domestic violence means “an occurrence of 1 or more of the following acts by a person that is not an act of self-defense:
(i) Causing or attempting to cause physical or mental harm to a family or household member.
(ii) Placing a family or household member in fear of physical or mental harm.
(iii) Causing or attempting to cause a family or household member to engage in involuntary sexual activity by force, threat of force, or duress.
(iv) Engaging in activity toward a family or household member that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested.” MCL 768.27c(5)(b).
•For purposes of MCL 764.15c, domestic violence incident is “an incident reported to a law enforcement agency involving allegations of 1 or both of the following:
(i) A violation of a personal protection order issued under . . . MCL 600.2950, or a violation of a offense by a juvenile.
(ii) A crime committed by an individual against his or her spouse or former spouse, an individual with whom he or she has had a child in common, an individual with whom he or she has or has had a dating relationship, or an individual who resides or has resided in the same household.” MCL 764.15c(7)(c).
•For purposes Chapter 10A (Drug Treatment Court) of the Revised Judicature Act, MCL 600.1060 et seq., drug treatment court is “a court supervised treatment program for individuals who abuse or are dependent upon any controlled substance or alcohol. A drug treatment court shall comply with the 10 key components promulgated by the national association of drug court professionals, which include all of the following essential characteristics:
(i) Integration of alcohol and other drug treatment services with justice system case processing.
(ii) Use of a nonadversarial approach by prosecution and defense that promotes public safety while protecting any participant’s due process rights.
(iii) Identification of eligible participants early with prompt placement in the program.
(iv) Access to a continuum of alcohol, drug, and other related treatment and rehabilitation services.
(v) Monitoring of participants effectively by frequent alcohol and other drug testing to ensure abstinence from drugs or alcohol.
(vi) Use of a coordinated strategy with a regimen of graduated sanctions and rewards to govern the court's responses to participants’ compliance.
(vii) Ongoing close judicial interaction with each participant and supervision of progress for each participant.
(viii) Monitoring and evaluation of the achievement of program goals and the program’s effectiveness.
(ix) Continued interdisciplinary education in order to promote effective drug court planning, implementation, and operation.
(x) The forging of partnerships among other drug courts, public agencies, and community-based organizations to generate local support.” MCL 600.1060(c).
E
•For purposes of MCL 765.6b(6), electronic monitoring device is “any electronic device or instrument that is used to track the location of an individual or to monitor an individual’s blood alcohol content, but does not include any technology that is implanted or violates the corporeal body of the individual.” MCL 765.6b(6)(c)
•For purposes of MCL 750.411h and MCL 750.411i, emotional distress is “significant mental suffering or distress that may, but does not necessarily, require medical or other professional treatment or counseling.” MCL 750.411h(1)(c); MCL 750.411i(1)(c).
•For purposes of MCL 750.159r, enterprise is “includes an individual, sole proprietorship, partnership, corporation, limited liability company, trust, union, association, governmental unit, or other legal entity or a group of persons associated in fact although not a legal entity. Enterprise includes illicit as well as licit enterprises.” MCL 750.159f(a).
•For purposes of MCL 780.756, MCL 780.763a, MCL 780.769a, and MCL 780.770 (“and not with reference to a juvenile facility”), facility is “that term as defined . . . MCL 330.1100b.” MCL 780.752(1)(e). Except as otherwise provided in MCL 330.1100b(1), facility is “a residential facility for the care or treatment of individuals with serious mental illness, serious emotional disturbance, or developmental disability that is either a state facility or a licensed facility. Facility includes a preadmission screening unit established under [MCL 330.1409] that is operating a crisis stabilization unit.” MCL 330.1100b(1).
•For purposes of MCL 400.1501, family or household member includes any of the following:
“(i) A spouse or former spouse.
(ii) An individual with whom the person resides or has resided.
(iii) An individual with whom the person has or has had a dating relationship.
(iv) An individual with whom the person is or has engaged in a sexual relationship.
(v) An individual to whom the person is related or was formerly related by marriage.
(vi) An individual with whom the person has a child in common.
(vii) The minor child of an individual described in subparagraphs (i) to (vi).” MCL 400.1501(e).
•For purposes of MCL 768.27c (admitting evidence of infliction or threat of physical injury in domestic violence cases), family or household member means any of the following:
“(i) A spouse or former spouse.
(ii) An individual with whom the person resides or has resided.
(iii) An individual with whom the person has or has had a child in common.
(iv) An individual with whom the person has or has had a dating relationship. As used in this subparagraph, ‘dating relationship’ means frequent, intimate associations primarily characterized by the expectation of affectional involvement. This term does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context.” MCL 768.27c(5)(c).
•For purposes of Chapter 10D (Family Treatment Court) of the Revised Judicature Act, MCL 600.1099aa et seq., family treatment court is either of the following:
(i) A court-supervised treatment program for individuals with a civil child abuse or neglect case and who are diagnosed with a substance use disorder.
(ii) A program designed to adhere to the family treatment court best practice standards promulgated by a national organization representing the interest of drug and specialty court treatment programs and the Center for Children and Family Futures, which include all of the following:
(A) Early identification, screening, and assessment of eligible participants, with prompt placement in the program.
(B) Integration of timely, high-quality, and appropriate substance use disorder treatment services with justice system case processing.
(C) Access to comprehensive case management, services, and supports for families.
(D) Valid, reliable, random, and frequent drug testing.
(E) Therapeutic responses to improve parent, child, and family functioning, ensure children's safety, permanency, and well-being, support participant behavior change, and promote participant accountability.
(F) Ongoing close judicial interaction with each participant.
(G) Collecting and reviewing data to monitor participant progress, engage in a process of continuous quality improvement, monitor adherence to best practice standards, and evaluate outcomes using scientifically reliable and valid procedures.
(H) Continued interdisciplinary education in order to promote effective family treatment court planning, implementation, and operation.
(I) The forging of partnerships among other family treatment courts, public agencies, and community-based organizations to generate local support.
(J) A family-centered, culturally relevant, and trauma-informed approach.
(K) Ensuring equity and inclusion.diagnosed with a substance use disorder. MCL 600.1099aa(c).
•For purposes of the Code of Criminal Procedure, MCL 761.1 et seq., felony is “a violation of a penal law of this state for which the offender, upon conviction, may be punished by imprisonment for more than 1 year or an offense expressly designated by law to be a felony.” MCL 761.1(f).
•For purposes of MCL 600.2978, female genital mutilation is “that term as defined in [MCL 600.5851a].” MCL 600.2978(4)(a). MCL 600.5851a defines female genital mutilation as “conduct that is a violation of . . . MCL 750.136, or, if it were to occur in this state, would be a violation of . . . MCL 750.136.” MCL 600.5851a(2).
•For purposes of the CVRA, Article 1 (Felony Article), MCL 780.751 et seq., final disposition is “the ultimate termination of the criminal prosecution of a defendant including, but not limited to, dismissal, acquittal, or imposition of sentence by the court.” MCL 780.751(1)(f).
•For purposes of the CVRA, Article 3 (Misdemeanor Article), MCL 780.811 et seq., final disposition is “the ultimate termination of the criminal prosecution of a defendant including, but not limited to, dismissal, acquittal, or imposition of sentence by the court.” MCL 780.811(1)(d).
•For purposes of MCL 764.15c, foreign protection order is “that term as defined in . . . MCL 600.2950h.” MCL 764.15c(7)(d). MCL 600.2950h(a) defines foreign protection order as “an injunction or other order issued by a court of another state, Indian tribe, or United States territory for the purpose of preventing a person’s violent or threatening acts against, harassment of, contact with, communication with, or physical proximity to another person. Foreign protection order includes temporary and final orders issued by civil and criminal courts (other than a support or child custody order issued pursuant to state divorce and child custody laws, except to the extent that such an order is entitled to full faith and credit under other federal law), whether obtained by filing an independent action or by joining a claim to an action, if a civil order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection.”
•For purposes of MCL 750.411h and MCL 750.411i, harassment is “conduct directed toward a victim that includes, but is not limited to, repeated or continuing specified juvenile violation that would cause a reasonable individual to suffer emotional distress and that actually causes the victim to suffer emotional distress. Harassment does not include constitutionally protected activity or conduct that serves a legitimate purpose.” MCL 750.411h(1)(d); MCL 750.411i(1)(d).
•For purposes of MCL 18.355a, health care provider is “any of the following:
(i) A health professional licensed or registered under . . . MCL 333.16101 to [MCL] 333.18838.
(ii) A health facility or agency licensed under . . . MCL 333.20101 to [MCL] 333.22260.
(iii) A local health department as that term is defined in . . . MCL 333.1105.” MCL 18.355a(11)(a).
•For purposes of the CVRA, Article 1 (Felony Article), MCL 780.751 et seq., hospital is “that term as defined in . . . MCL 330.1100b.” MCL 780.752(1)(i). MCL 330.1100b(7) defines hospital (or psychiatric hospital) as “an inpatient program operated by the department for the treatment of individuals with serious mental illness or serious emotional disturbance or a psychiatric hospital or psychiatric unit licensed under [MCL 330.1137].” MCL 330.1100b(7).
•For purposes of the administrative rules governing the Crime Victim Services Commission (by authority under MCL 18.353), household is “persons who dwell together as a family under 1 roof and who are related by blood, marriage, or judicial decree.” Mich Admin Code, R 18.351(1)(h).
•For purposes of the Crime Victims Compensation Board, MCL 18.351 et seq., household member “means an individual who resides in the same dwelling unit as a victim or intervenor.” MCL 18.351(f).
•For purposes of the CVRA, identity theft is “that term as defined in [MCL 445.63].” MCL 780.754a(2); MCL 780.783b(2); MCL 780.814a(2). MCL 445.63(k) defines identity theft as “engaging in an act or conduct prohibited under [MCL 445.65(1)].” MCL 445.63(k).
•For purposes of MCL 765.6b, informed consent is when “the victim was given information concerning all of the following before consenting to participate in electronic device: (i) [t]he victim’s right to refuse to participate in that monitoring and the process for requesting the court to terminate the victim’s participation after it has been ordered[,] (ii) [t]he manner in which the monitoring technology functions and the risks and limitations of that technology, and the extent to which the system will track and record the victim’s location and movements[,] (iii) [t]he boundaries imposed on the defendant during the monitoring program[,] (iv) [s]anctions that the court may impose on the defendant for violating an order issued under this subsection[,] (v) [t]he procedure that the victim is to follow if the defendant violates an order issued under this subsection or if monitoring equipment fails to operate properly[,] (vi) [i]dentification of support services available to assist the victim to develop a safety plan to use if the court’s order issued under this subsection is violated or if the monitoring equipment fails to operate properly[,] (vii) [i]dentification of community services available to assist the victim in obtaining shelter, counseling, education, child care, legal representation, and other help in addressing the consequences and effects of domestic violence[,] (viii) [t]he nonconfidential nature of the victim’s communications with the court concerning electronic monitoring and the restrictions to be imposed upon the defendant’s movements.” MCL 765.6b(6)(d).
•For purposes of the Interstate Corrections Compact, MCL 3.981 et seq., inmate is “a male or female offender who is committed, under sentence to or confined in a penal or correctional institution.” MCL 3.981, Article II.
•For purposes of MCL 600.5851, insane is “a condition of mental derangement such as to prevent the sufferer from comprehending rights he or she is otherwise bound to know and is not dependent on whether or not the person has been judicially declared to be insane.” MCL 600.5851(2).
•For purposes of the Deaf Persons’ Interpreters Act, MCL 393.501 et seq., intermediary interpreter is “any person, including any deaf or deaf-blind person, who is able to assist in providing an accurate interpretation between spoken English and sign language or between variants of sign language by acting as an intermediary between a deaf or deaf-blind person and a qualified interpreter.” MCL 393.502(e).
•For purposes of MCR 1.111, interpret is “the oral rendering of spoken communication from one language to another without change in meaning.” MCR 1.111(A)(5).
•For purposes of the Crime Victims Compensation Board, MCL 18.351 et seq., intervenor is “a person who goes to the aid of one who has become a victim of a crime and who suffers personal physical injury.” MCL 18.351(g).
•For purposes of the administrative rules governing the Crime Victim Services Commission (by authority under MCL 18.353), intimate personal privacy is “matters dealing with the mental or physical health of a person or the details or a crime involving sexual assault in any degree.” Mich Admin Code, R 18.351(1)(i).
Investigating law enforcement agency
•For purposes of the Sexual Assault Victim’s Access to Justice Act, MCL 752.951 et seq., investigating law enforcement agency is “the local, county, or state law enforcement agency with the primary responsibility for investigating an alleged sexual assault offense case and includes the employees of that agency[, and] . . . includes a law enforcement agency of a community college or university if that law enforcement agency of a community college or university is responsible for collecting sexual assault evidence.” MCL 752.952(b).
J
•For purposes of the Juvenile Code, MCL 712A.1 et seq., juvenile is “a person who is less than 18 years of age who is the subject of a delinquency petition.” MCL 712A.1(1)(i).8
•For purposes of the CVRA, Article 1 (Felony Article), MCL 780.751 et seq., juvenile is “a person within the jurisdiction of the circuit court under . . . MCL 600.606.” MCL 780.752(1)(g).
•For purposes of MCL 780.766(15) (governing restitution under the CVRA, Article 1 (Felony Article)), juvenile is “a person within the court’s jurisdiction under . . . MCL 712A.2d [or MCL] 712A.4.” MCL 780.766(15).
•For purposes of the CVRA, Article 2 (Juvenile Article), MCL 780.781 et seq., juvenile is “an individual found within the court’s jurisdiction under [MCL 712A.2(a)(1)] . . ., for an offense, including, but not limited to, an individual in a designated case.” MCL 780.781(1)(e).
•For purposes of Michigan Court Rules subchapter 3.900, “[w]hen used in delinquency proceedings, unless the context otherwise indicates[,]” juvenile is “a minor alleged or found to be within the jurisdiction of the court for having committed an offense.” MCR 3.903(B)(2).
•For purposes of Michigan Court Rules subchapter 6.900, “unless the context otherwise indicates[,]” juvenile is “a person 14 years of age or older, who is subject to the jurisdiction of the court for having allegedly committed a specified juvenile violation on or after the person’s 14th birthday and before the person’s 18th birthday.” MCR 6.903(E).9
•For purposes of the CVRA, Article 1 (Felony Article), MCL 780.751 et seq. or CVRA, Article 2 (Juvenile Article), MCL 780.781 et seq., juvenile facility is “a county facility, institution operated as an agency of the county or the [F]amily [D]ivision of [C]ircuit [C]ourt, or an institution or agency described in the [Y]outh [R]ehabilitation [S]ervices [A]ct, [MCL 803.301 et seq.], to which a juvenile has been committed or in which a juvenile is detained.” MCL 780.752(1)(h); MCL 780.781(1)(f).
•For purposes of the Revised Judicature Act, Chapter 10C (Juvenile Mental Health Court), MCL 600.1099b et seq., juvenile mental health court is “all of the following:
(i) A court-supervised treatment program for juveniles who are diagnosed by a mental health professional with having a serious emotional disturbance, co-occurring disorder, or developmental disability.
(ii) Programs designed to adhere to the 7 common characteristics of a juvenile mental health court as described under [MCL 600.1099c(3)].
(iii) Programs designed to adhere to the 10 essential elements of a mental health court promulgated by the Bureau of Justice Assistance, or amended, that include all of the following characteristics:
(A) A broad-based group of stakeholders representing the criminal justice system, the juvenile justice system, the mental health system, the substance abuse treatment system, any related systems, and the community guide the planning and administration of the court.
(B) Eligibility criteria that address public safety and a community’s treatment capacity, in addition to the availability of alternatives to pretrial detention for juveniles with mental illnesses, and that take into account the relationship between mental illness and a juvenile’s offenses, while allowing the individual circumstances of each case to be considered.
(C) Participants are identified, referred, and accepted into mental health courts, and then linked to community-based service providers as quickly as possible.
(D) Terms of participation are clear, promote public safety, facilitate the juvenile’s engagement in treatment, are individualized to correspond to the level of risk that each juvenile presents to the community, and provide for positive legal outcomes for those individuals who successfully complete the program.
(E) In accordance with the Michigan indigent defense commission act, 2013 PA 93, MCL 780.981 to [MCL] 780.1003, provide legal counsel to juvenile respondents to explain program requirements, including voluntary participation, and guide juveniles in decisions about program involvement. Procedures exist in the juvenile mental health court to address, in a timely fashion, concerns about a juvenile’s competency whenever they arise.
(F) Connect participants to comprehensive and individualized treatment supports and services in the community and strive to use, and increase the availability of, treatment and services that are evidence based.
(G) Health and legal information are shared in a manner that protects potential participants’ confidentiality rights as mental health consumers and their constitutional rights. Information gathered as part of the participants’ court-ordered treatment program or services is safeguarded from public disclosure in the event that participants are returned to traditional court processing.
(H) A team of criminal justice, if applicable, juvenile justice, and mental health staff and treatment providers receives special, ongoing training and assists mental health court participants to achieve treatment and criminal and juvenile justice goals by regularly reviewing and revising the court process.
(I) Criminal and juvenile justice and mental health staff collaboratively monitor participants’ adherence to court conditions, offer individualized graduated incentives and sanctions, and modify treatment as necessary to promote public safety and participants’ recovery.
(J) Data are collected and analyzed to demonstrate the impact of the juvenile mental health court, its performance is assessed periodically, procedures are modified accordingly, court processes are institutionalized, and support for the court in the community is cultivated and expanded.” MCL 600.1099b(e).
•For purposes of MCL 712A.30 and MCL 712A.31 (governing restitution under the Juvenile Code), juvenile offense is “a violation by a juvenile of a penal law of this state or a violation by a juvenile of an ordinance of a local unit of government of this state punishable by imprisonment or by a fine that is not a civil fine.” MCL 712A.30(1)(a).
L
•For purposes of the Sexual Assault Victim’s Access to Justice Act, MCL 752.951 et seq., law enforcement agency is “the local, county, or state law enforcement agency and includes the employees of that agency[, and] . . . includes a law enforcement agency of a community college or university.” MCL 752.952(c).
•For purposes of MCL 333.17708(2), license “means that term as defined in section 16106 and includes an authorization issued under the laws of another state or province of Canada to practice a profession described in [MCL 333.17708(2)] in that state or province of Canada where practice would otherwise be unlawful.” MCL 333.17708(2)(b). According to MCL 333.16106, license “does not include a health profession specialty field license.” MCL 333.16106(2).
Licensed professional counselor
•For purposes of Article 15, Part 181 (Counseling) of the Public Health Code, MCL 333.18101 et seq., licensed professional counselor is “an individual licensed under this article to engage in the practice of counseling.” MCL 333.18101(b).
•A limited English proficient (LEP) person is “a person who does not speak English as his or her primary language, and who has a limited ability to read, write, speak, or understand English, and by reason of his or her limitations, is not able to understand and meaningfully participate in the court process.” Administrative Order No. 2013-8.10
•For purposes of Article 15, Part 181 (Counseling) of the Public Health Code, MCL 333.18101 et seq., limited licensed counselor is “an individual who has been granted a limited license by the board to offer counseling services under the supervision of a licensed professional counselor.” MCL 333.18101(c).
•For purposes of the Sex Offenders Registration Act (SORA), MCL 28.721 et seq., listed offense is a “tier I, tier II, or tier III offense” as defined in the SORA. MCL 28.722(i).
•For purposes of MCL 750.145c, listed sexual act is “sexual intercourse, erotic fondling, sadomasochistic abuse, masturbation, passive sexual involvement, sexual excitement, or erotic nudity.” MCL 750.145c(1)(i).
•For purposes of the administrative rules governing the Crime Victim Services Commission (by authority under MCL 18.353), a loss of support is “the cessation of a victim’s earnings that were actually paid to or for a dependent prior to the victim’s death and not reimbursed from insurance or public funds after the victim’s death.” Mich Admin Code, R 18.351(1)(k).
M
•For purposes of the Code of Criminal Procedure, MCL 761.1 et seq., magistrate is “a judge of the district court or a judge of a municipal court. Magistrate does not include a district court magistrate, except that a district court magistrate may exercise the powers, jurisdiction, and duties of a magistrate if specifically provided in this act, the revised judicature act . . . , MCL 600.101 to [MCL] 600.9947, or any other statute. This definition does not limit the power of a justice of the supreme court, a circuit judge, or a judge of a court of record having jurisdiction of criminal cases under this act, or deprive him or her of the power to exercise the authority of a magistrate.” MCL 761.1(l).
•For purposes of MCL 791.234 and MCL 791.235, medically frail is a description of “an individual who is a minimal threat to society as a result of his or her medical condition, who has received a risk score of low on a validated risk assessment, whose recent conduct in prison indicates he or she is unlikely to engage in assaultive conduct, and who has 1 or both of the following:
(i) A permanent or terminal physical disability or serious and complex medical condition resulting in the inability to do 1 or more of the following without personal assistance:
(A) Walk.
(B) Stand.
(C) Sit.
(ii) A permanent or terminal disabling mental disorder, including dementia, Alzheimer’s, or similar degenerative brain disorder that results in the need for nursing home level of care, and a significantly impaired ability to perform 2 or more activities of daily living.” MCL 791.235(22)(c).
•For purposes of the Child Protection Law, MCL 722.621 et seq., member of the clergy is “a priest, minister, rabbi, Christian science practitioner, spiritual leader, or other religious practitioner, or similar functionary of a church, temple, spiritual community, or recognized religious body, denomination, or organization.”MCL 722.622(z).
•For purposes of Chapter 10B (Mental Health Court) of the Revised Judicature Act, MCL 600.1090 et seq., mental health court is “any of the following:
(i) A court-supervised treatment program for individuals who are diagnosed by a mental health professional with having a serious mental illness, serious emotional disturbance, co-occurring disorder, or developmental disability.
(ii) Programs designed to adhere to the 10 essential elements of a mental health court promulgated by the bureau of justice assistance that include all of the following characteristics:
(A) A broad-based group of stakeholders representing the criminal justice system, mental health system, substance abuse treatment system, any related systems, and the community guide the planning and administration of the court.
(B) Eligibility criteria that address public safety and a community’s treatment capacity, in addition to the availability of alternatives to pretrial detention for defendants with mental illnesses, and that take into account the relationship between mental illness and a defendant’s offenses, while allowing the individual circumstances of each case to be considered.
(C) Participants are identified, referred, and accepted into mental health courts, and then linked to community-based service providers as quickly as possible.
(D) Terms of participation are clear, promote public safety, facilitate the defendant’s engagement in treatment, are individualized to correspond to the level of risk that each defendant presents to the community, and provide for positive legal outcomes for those individuals who successfully complete the program.
(E) In accordance with the Michigan indigent defense commission act, . . . MCL 780.981 to [MCL] 780.1003, provide legal counsel to indigent defendants to explain program requirements, including voluntary participation, and guides defendants in decisions about program involvement. Procedures exist in the mental health court to address, in a timely fashion, concerns about a defendant’s competency whenever they arise.
(F) Connect participants to comprehensive and individualized treatment supports and services in the community and strive to use, and increase the availability of, treatment and services that are evidence based.
(G) Health and legal information are shared in a manner that protects potential participants’ confidentiality rights as mental health consumers and their constitutional rights as defendants. Information gathered as part of the participants’ court-ordered treatment program or services are safeguarded from public disclosure in the event that participants are returned to traditional court processing.
(H) A team of criminal justice and mental health staff and treatment providers receives special, ongoing training and assists mental health court participants achieve treatment and criminal justice goals by regularly reviewing and revising the court process.
(I) Criminal justice and mental health staff collaboratively monitor participants’ adherence to court conditions, offer individualized graduated incentives and sanctions, and modify treatment as necessary to promote public safety and participants’ recovery.
(J) Data are collected and analyzed to demonstrate the impact of the mental health court, its performance is assessed periodically, and procedures are modified accordingly, court processes are institutionalized, and support for the court in the community is cultivated and expanded.” MCL 600.1090(e).
•For purposes of the Revised Judicature Act, Chapter 10C (Juvenile Mental Health Court), MCL 600.1099b et seq., mental health professional is “an individual who is trained and experienced in the area of mental illness or developmental disabilities and who is 1 of the following:
(i) A physician.
(ii) A psychologist.
(iii) A registered professional nurse licensed or otherwise authorized to engage in the practice of nursing under part 172 of the public health code, 1978 PA 368, MCL 333.17201 to [MCL] 333.17242.
(iv) A licensed master’s social worker licensed or otherwise authorized to engage in the practice of social work at the master’s level under part 185 of the public health code, 1978 PA 368, MCL 333.18501 to [MCL] 333.18518.
(v) A licensed professional counselor licensed or otherwise authorized to engage in the practice of counseling under part 181 of the public health code, 1978 PA 368, MCL 333.18101 to [MCL] 333.18117.
(vi) A marriage and family therapist licensed or otherwise authorized to engage in the practice of marriage and family therapy under part 169 of the public health code, 1978 PA 368, MCL 333.16901 to [MCL] 333.16915.” MCL 600.1099b(f).
•For purposes of the Mental Health Code, MCL 330.1100a et seq., and “unless the context requires otherwise,” MCL 330.1100, mental health professional is “an individual who is trained and experienced in the area of mental illness or developmental disabilities and who is 1 of the following:
(a) A physician.
(b) A psychologist.
(c) A registered professional nurse licensed or otherwise authorized to engage in the practice of nursing under . . . MCL 333.17201 to [MCL] 333.17242.
(d) A licensed master’s social worker licensed or otherwise authorized to engage in the practice of social work at the master’s level under . . . MCL 333.18501 to [MCL] 333.18518.
(e) A licensed professional counselor licensed or otherwise authorized to engage in the practice of counseling under . . . MCL 333.18101 to [MCL] 333.18117.
(f) A marriage and family therapist licensed or otherwise authorized to engage in the practice of marriage and family therapy under . . . MCL 333.16901 to [MCL] 333.16915.” MCL 330.1100b(19).
•For purposes of the administrative rules governing the Crime Victim Services Commission (by authority under MCL 18.353), minor is “a person who is less than 18 years of age.” Mich Admin Code, R 18.351(1)(m).
•For purposes of MCL 770.9b, minor is “an individual less than 16 years of age.” MCL 770.9b(3)(a).
•For purposes of the Mental Health Code, MCL 330.1100a et seq., and “unless the context requires otherwise,” MCL 330.1100, minor is “an individual under the age of 18 years.” MCL 330.1100b(20).
•For purposes of MCL 18.361(8) of the Crime Victims Compensation Board, MCL 18.351 et seq., misconduct “includes but is not limited to provocation of or participation in a crime contemporaneous with or immediately preceding the injury.” MCL 18.361(8).
•For purposes of MCL 780.826 (governing restitution under CVRA, Article 3 (Misdemeanor Article)), misdemeanor is “a violation of a law of this state or a local ordinance that is punishable by imprisonment for not more than 1 year or a fine that is not a civil fine, but that is not a felony.” MCL 780.826(1)(a).
N
•For purposes of MCL 600.2978, noneconomic loss is “damages or loss due to pain, suffering, inconvenience, physical impairment, or physical disfigurement, loss of society and companionship, loss of consortium, or other noneconomic loss.” MCL 600.2978(4)(b).
Nonoffending parent or legal guardian
•For purposes of MCL 600.2163a and MCL 712A.17b, nonoffending parent or legal guardian is “a natural parent, stepparent, adoptive parent, or legally appointed or designated guardian of a witness who is not alleged to have committed a violation of the laws of this state, another state, the United States, or a court order that is connected in any manner to a witness’s videorecorded statement.” MCL 600.2163a(1)(d); MCL 712A.17b(1)(c).
O
•For purposes of the CVRA, Article 2 (Juvenile Article), MCL 780.781 et seq., and except as otherwise defined in Article 2, offense is one or more of the following:
“(i) A violation of a penal law of this state for which a juvenile offender, if convicted as an adult, may be punished by imprisonment for more than 1 year or an offense expressly designated by law as a felony.
(ii) A violation of [MCL 750.81] (assault and battery, including domestic violence), [MCL 750.81a] (assault; infliction of serious injury, including aggravated domestic violence), [MCL 750.115] (breaking and entering or illegal entry), [MCL 750.136b(7)] (child abuse in the fourth degree), [MCL 750.145] (contributing to the neglect or delinquency of a minor), [MCL 750.145d] (using the internet or a computer to make a prohibited communication), [MCL 750.233] (intentionally aiming a firearm without malice), [MCL 750.234] (discharge of a firearm intentionally aimed at a person), [MCL 750.235] (discharge of an intentionally aimed firearm resulting in injury), [MCL 750.335a] (indecent exposure), or [MCL 750.411h] (stalking) . . . .
(iii) A violation of [MCL 257.601b(2)] (injuring a worker in a work zone) or [MCL 257.617a] (leaving the scene of a personal injury accident) . . ., or a violation of [MCL 257.625] (operating a vehicle while under the influence of or impaired by intoxicating liquor or a controlled substance,[11] or with unlawful blood alcohol content) . . ., if the violation involves an accident resulting in damage to another individual’s property or physical injury or death to another individual.
(iv) Selling or furnishing alcoholic liquor to an individual less than 21 years of age in violation of . . . MCL 436.1701, if the violation results in physical injury or death to any individual.
(v) A violation of [MCL 324.80176(1)] or [MCL 324.80176(3)] (operating a vessel while under the influence of or impaired by intoxicating liquor or a controlled substance, or with unlawful blood alcohol content) . . ., if the violation involves an accident resulting in damage to another individual’s property or physical injury or death to any individual.[12]
(vi) A violation of a local ordinance substantially corresponding to a law enumerated in subparagraphs (i) to (v).
(vii) A violation described in subparagraphs (i) to (vi) that is subsequently reduced to a violation not included in subparagraphs (i) to (vi).” MCL 780.781(1)(g)(i)-(vii).
•For purposes MCL 780.794 (governing restitution under CVRA, Article 2 (Juvenile Article)), offense is “a violation of a penal law of this state or a violation of an ordinance of a local unit of government of this state punishable by imprisonment or by a fine that is not a civil fine.” MCL 780.794(1)(a).
•For purposes of Michigan Court Rules subchapter 3.900, “[w]hen used in delinquency proceedings, unless the context otherwise indicates[,]” offense by a juvenile is “an act that violates a criminal statute, a criminal ordinance, a traffic law, or a provision of MCL 712A.2(a) or [MCL 712A.2(d)].” MCR 3.903(B)(3).
•For purposes of the Crime Victims Compensation Board, MCL 18.351 et seq., other services necessary “means recognized medical treatment, convalescent aids, supplies, and other equipment needed by the victim because of physical incapacity sustained as a direct result of the crime.” MCL 18.351(h).
•For purposes of the administrative rules governing the Crime Victim Services Commission (by authority under MCL 18.353), other services necessary is “recognized treatment, convalescent aides, supplies, and other equipment needed by the victim because of physical incapacity sustained as a direct result of the crime.” Mich Admin Code, R 18.351(1)(n).
P
•For purposes of MCR 1.111, party is “a person named as a party or a person with legal decision-making authority in the case or court proceeding.” MCR 1.111(A)(2).
•For purposes of Chapter 10A (Drug Treatment Court) of the Revised Judicature Act, MCL 600.1060 et seq., participant is “an individual who is admitted into a drug treatment court.” MCL 600.1060(d).
•For purposes of the Revised Judicature Act, Chapter 10B (Mental Health Court), MCL 600.1090 et seq., participant is “an individual who is admitted into a mental health court.” MCL 600.1090(f).
•For purposes of the Revised Judicature Act, Chapter 10C (Juvenile Mental Health Court), MCL 600.1099b et seq., participant is “a juvenile who is admitted into a juvenile mental health court.” MCL 600.1099b(g).
•For purposes of the administrative rules governing the Crime Victim Services Commission (by authority under MCL 18.353), peace officer is “an employee of this state, or any political subdivision thereof, who is employed as a police officer, sheriff, firefighter, conservation officer, or similar officer exercising powers of a police officer.” Mich Admin Code, R 18.351(1)(o).
•For purposes of the CVRA, Articles 1-3, MCL 780.751 et seq., MCL 780.781 et seq., and MCL 780.811 et seq., person is “an individual, organization, partnership, corporation, or governmental entity.” MCL 780.752(1)(j); MCL 780.781(1)(h); MCL 780.811(1)(e).
•For purposes of the Crime Victims Compensation Board, MCL 18.351 et seq. (by authority under Mich Admin Code, R 18.351(2)), personal injury “means either of the following injuries:
(i) Actual bodily harm, including pregnancy or death.
(ii) Psychological, mental, or emotional injury resulting from a reasonably perceived or actual threat of injury or death.”13 MCL 18.351(1)(i).
•For purposes of Article 15, Part 177 (Pharmacy Practice and Drug Control) of the Public Health Code, MCL 333.17701 et seq., pharmacist is “an individual licensed under this article to engage in the practice of pharmacy.” MCL 333.17707(3).
•For purposes of Article 15, Part 177 (Pharmacy Practice and Drug Control) of the Public Health Code, MCL 333.17701 et seq., pharmacy is “a building or part of a building in which the practice of pharmacy is conducted. For the purpose of a duty placed on a pharmacy under this part, ‘pharmacy’ means the person to which the pharmacy license is issued, unless otherwise specifically provided.” MCL 333.17707(6).
•For purposes of Article 15, Part 181 (Counseling) of the Public Health Code, MCL 333.18101 et seq., practice of counseling is “the rendering to individuals, groups, families, organizations, or the general public a service involving the application of clinical counseling principles, methods, or procedures for the purpose of achieving social, personal, career, and emotional development and with the goal of promoting and enhancing healthy self actualizing and satisfying lifestyles whether the services are rendered in an educational, business, health, private practice, or human services setting. The practice of counseling does not include the practice of psychology except for those preventive techniques, counseling techniques, or behavior modification techniques for which the licensed professional counselor or limited licensed counselor has been specifically trained. The practice of counseling does not include the practice of medicine such as prescribing drugs or administering electroconvulsive therapy. A counselor shall not hold himself or herself out as a psychologist as defined in [MCL 333.18201]. A counselor shall not hold himself or herself out as a marriage and family counselor providing marriage counseling pursuant to [MCL 339.1501].” MCL 333.18101(d).
•For purposes of Article 15, Part 177 (Pharmacy Practice and Drug Control) of the Public Health Code, MCL 333.17701 et seq., practice of pharmacy is “a health service, the clinical application of which includes the encouragement of safety and efficacy in the prescribing, dispensing, administering, and use of drugs and related articles for the prevention of illness, and the maintenance and management of health. Practice of pharmacy includes the direct or indirect provision of professional functions and services associated with the practice of pharmacy. Professional functions associated with the practice of pharmacy include:
(a) The interpretation and evaluation of the prescription.
(b) Drug product selection.
(c) The compounding, dispensing, safe storage, and distribution of drugs and devices.
(d) The maintenance of legally required records.
(e) Advising the prescriber and the patient as required as to contents, therapeutic action, utilization, and possible adverse reactions or interactions of drugs.” MCL 333.17707(8).
•For purposes of Article 15, Part 182 (Psychology) of the Public Health Code, MCL 333.18201 et seq., practice of psychology is “the rendering to individuals, groups, organizations, or the public of services involving the application of principles, methods, and procedures of understanding, predicting, and influencing behavior for the purposes of the diagnosis, assessment related to diagnosis, prevention, amelioration, or treatment of mental or emotional disorders, disabilities or behavioral adjustment problems by means of psychotherapy, counseling, behavior modification, hypnosis, biofeedback techniques, psychological tests, or other verbal or behavioral means. The practice of psychology shall not include the practice of medicine such as prescribing drugs, performing surgery, or administering electro-convulsive therapy.” MCL 333.18201(1)(b).
•For purposes of Subchapter 3.900 of the Michigan Court Rules, “unless the context otherwise indicates[,]” preliminary inquiry is an “informal review by the court to determine appropriate action on a petition.” MCR 3.903(A)(23).
•For purposes of the Article 15, Part 177 (Pharmacy Practice and Drug Control) of the Public Health Code, MCL 333.17701 et seq., prescriber is “a licensed dentist; a licensed doctor of medicine; a licensed doctor of osteopathic medicine and surgery; a licensed doctor of podiatric medicine and surgery; a licensed physician’s assistant; subject to part 174, a licensed optometrist; subject to section 17211a, an advanced practice registered nurse; a licensed veterinarian; subject to subsection (7), a registered professional nurse who holds a specialty certification as a nurse anesthetist under section 17210 when he or she is engaging in the practice of nursing and providing the anesthesia and analgesia services described in section 17210(3); or any other licensed health professional acting under the delegation and using, recording, or otherwise indicating the name of the delegating licensed doctor of medicine or licensed doctor of osteopathic medicine and surgery.” MCL 333.17708(2).
•For purposes of the Article 15, Part 177 (Pharmacy Practice and Drug Control) of the Public Health Code, MCL 333.17701 et seq., prescription is “an order by a prescriber to fill, compound, or dispense a drug or device written and signed; written or created in an electronic format, signed, and transmitted by facsimile; or transmitted electronically or by other means of communication. An order transmitted in other than written or hard-copy form shall be electronically recorded, printed, or written and immediately dated by the pharmacist, and that record is considered the original prescription. In a health facility or agency licensed under article 17 or other medical institution, an order for a drug or device in the patient’s chart is considered for the purposes of this definition the original prescription. . . . [P]rescription also includes a standing order issued under section 17744e[, and s]ubject to section 17751(2) and (5), prescription includes, but is not limited to, an order for a drug, not including a controlled substance except under circumstances described in section 17763(e), written and signed; written or created in an electronic format, signed, and transmitted by facsimile; or transmitted electronically or by other means of communication by a prescriber in another state or province of Canada.” MCL 333.17708(3).
•For purposes of MCL 771.3g and MCL 771.3h, prisoner is “an individual committed or sentenced to imprisonment under [MCL 769.28].” MCL 771.3g(7)(c).
•For purposes of the CVRA, Article 1 (Felony Article), MCL 780.751 et seq., prisoner is “a person who has been convicted and sentenced to imprisonment or placement in a juvenile facility for having committed a crime or an act that would be a crime if committed by an adult against a victim.” MCL 780.752(1)(k).
•For purposes of the CVRA, Article 3 (Misdemeanor Article), MCL 780.811 et seq., prisoner is “an individual who has been convicted and sentenced to imprisonment for having committed a serious misdemeanor against a victim.” MCL 780.811(1)(f).
•For purposes of Chapter 7 (Rights of Recipients of Mental Health Services) of the Mental Health Code, MCL 330.1700 et seq., privileged communication is “a communication made to a psychiatrist or psychologist in connection with the examination, diagnosis, or treatment of a patient, or to another person while the other person is participating in the examination, diagnosis, or treatment or a communication made privileged under other applicable state or federal law.” MCL 330.1700(h).
•For purposes of MCL 764.15c, program participant “means that term as defined in [MCL 780.853] of the address confidentiality program act.” MCL 764.15c(7)(e). MCL 780.853(n) defines program participant as “an individual who is certified by the department of the attorney general as a program participant under [MCL 780.855].” MCL 780.855 describes in detail the elements of the address confidentiality program and the process of certifying individuals as program participants.
•For purposes of the Code of Criminal Procedure, MCL 761.1 et seq., prosecuting attorney is “the prosecuting attorney for a county, an assistant prosecuting attorney for a county, the attorney general, the deputy attorney general, an assistant attorney general, a special prosecuting attorney, or, in connection with the prosecution of an ordinance violation, an attorney for the political subdivision or governmental entity that enacted the ordinance, charter, rule, or regulation upon which the ordinance violation is based.” MCL 761.1(r).
•For purposes of the CVRA, Article 1 (Felony Article), MCL 780.751 et seq., prosecuting attorney is “the prosecuting attorney for a county, an assistant prosecuting attorney for a county, the attorney general, the deputy attorney general, an assistant attorney general, or a special prosecuting attorney.” MCL 780.752(1)(l).
•For purposes of the CVRA, Article 2 (Juvenile Article), MCL 780.781 et seq., prosecuting attorney is “the prosecuting attorney for a county, an assistant prosecuting attorney for a county, the attorney general, the deputy attorney general, an assistant attorney general, a special prosecuting attorney, or, in connection with the prosecution of an ordinance violation, an attorney for the political subdivision that enacted the ordinance upon which the violation is based.” MCL 780.781(1)(i).
•For purposes of the CVRA, Article 3 (Misdemeanor Article), MCL 780.811 et seq., prosecuting attorney is “the prosecuting attorney for a county, an assistant prosecuting attorney for a county, the attorney general, the deputy attorney general, an assistant attorney general, a special prosecuting attorney, or, in connection with the prosecution of an ordinance violation, an attorney for the political subdivision that enacted the ordinance upon which the violation is based.” MCL 780.811(1)(g).
•For purposes of Article 15, Part 182 (Psychology) of the Public Health Code, MCL 333.18201 et seq., psychologist is “an individual licensed under this article to engage in the practice of psychology.” MCL 333.18201(1)(a).
Q
•For purposes of the Deaf Persons’ Interpreters Act, MCL 393.501 et seq., qualified interpreter is “a person who is certified through the national registry of interpreters for the deaf or certified through the state by the division.” MCL 393.502(f).
R
•For purposes of MCR 3.218 and “unless the context otherwise indicates,” records is “any case-specific information the friend of the court office maintains in any media[.]” MCR 3.218(A)(1).
•For purposes of Subchapter 3.900 of the Michigan Court Rules, “unless the context otherwise indicates[,]” records is “defined in MCR 1.109 and MCR 8.119 and include, but are not limited to, pleadings, complaints, citations, motions, authorized and unauthorized petitions, notices, memoranda, briefs, exhibits, available transcripts, findings of the court, registers of action, consent calendar case plans, and court orders.” MCR 3.903(A)(25).
•“For purposes of [MCR 8.119], records are as defined in MCR 1.109, MCR 3.218, MCR 3.903, and MCR 8.119(D)-(G).” MCR 8.119(A).
•For purposes of the administrative rules governing the Crime Victim Services Commission (by authority under MCL 18.353), resident is “a person who is living in this state when the crime occurs. Resident does not include a person who resides in another state or foreign country and who is temporarily in this state for business, recreation, or personal matters.” Mich Admin Code, R 18.351(1)(p).
•For purposes of MCL 750.520o, school is “a public school as that term is defined in . . . MCL 380.5, that offers developmental kindergarten, kindergarten, or any grade from 1 through 12.” MCL 750.520(2)(a).
•For purposes of MCL 750.520o, school bus is “every motor vehicle, except station wagons, with a manufacturers’ rated seating capacity of 16 or more passengers, including the driver, owned by a public, private, or governmental agency and operated for the transportation of children to or from school, or privately owned and operated for compensation for the transportation of children to and from school.” MCL 750.520o(b).
•For purposes of Chapter 47 of the Revised Judicature Act, MCL 600.4701 et seq., security interest is “any interest in real or personal property that secures payment or performance of an obligation.” MCL 600.4701(e).
•For purposes of the Revised Judicature Act, Chapter 10B (Mental Health Court), MCL 600.1090 et seq., and Chapter 10C (Juvenile Mental Health Court), MCL 600.1099b et seq., serious emotional disturbance is “that term as defined in . . . MCL 330.1100d.” MCL 600.1090(g); MCL 600.1099b(h). MCL 330.1100d defines serious emotional disturbance as “a diagnosable mental, behavioral, or emotional disorder affecting a minor that exists or has existed during the past year for a period of time sufficient to meet diagnostic criteria specified in the most recent Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association and approved by the department and that has resulted in functional impairment that substantially interferes with or limits the minor’s role or functioning in family, school, or community activities. The following disorders are included only if they occur in conjunction with another diagnosable serious emotional disturbance:
(a) A substance use disorder.
(b) A developmental disorder.
(c) ‘V’ codes in the Diagnostic and Statistical Manual of Mental Disorders.” MCL 330.1100d(2).
Serious impairment of a body function of a victim
•For purposes of MCL 780.766(5), serious impairment of a body function of a victim “includes, but is not limited to, 1 or more of the following:
(a) Loss of a limb or use of a limb.
(b) Loss of a hand or foot or use of a hand or foot.
(c) Loss of an eye or use of an eye or ear.
(d) Loss or substantial impairment of a bodily function.
(e) Serious visible disfigurement.
(f) A comatose state that lasts for more than 3 days.
(g) Measurable brain damage or mental impairment.
(h) A skull fracture or other serious bone fracture.
(i) Subdural hemorrhage or subdural hematoma.
(j) Loss of a body organ.” MCL 780.766(5).
•For purposes of the Revised Judicature Act, Chapter 10B (Mental Health Court), MCL 600.1090 et seq., and Chapter 10C (Juvenile Mental Health Court), MCL 600.1099b et seq., a serious mental illness is “that term as defined in . . . MCL 330.1100d.” MCL 600.1090(h); MCL 600.1099b(i). MCL 330.1100d(3) defines serious mental illness as “a diagnosable mental, behavioral, or emotional disorder affecting an adult that exists or has existed within the past year for a period of time sufficient to meet diagnostic criteria specified in the most recent Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association and approved by the department and that has resulted in functional impairment that substantially interferes with or limits 1 or more major life activities. Serious mental illness includes dementia with delusions, dementia with depressed mood, and dementia with behavioral disturbance but does not include any other dementia unless the dementia occurs in conjunction with another diagnosable serious mental illness. The following disorders also are included only if they occur in conjunction with another diagnosable serious mental illness:
(a) A substance use disorder.
(b) A developmental disorder.
(c) A ‘V’ code in the Diagnostic and Statistical Manual of Mental Disorders.” MCL 330.1100d(3).
•For purposes of MCL 712A.1 et seq., unless otherwise provided, serious misdemeanor is “that term as defined in . . . MCL 780.811.” MCL 712A.1(1)(u).
•For purposes of MCL 712A.18e, serious misdemeanor is “that term as defined in . . . MCL 780.811.” MCL 712A.18e(7)(b).
•For purposes of MCL 764.9c, serious misdemeanor is “that term as defined in . . . MCL 780.811.” MCL 764.9c(9)(c).
•For purposes of MCL 780.621, serious misdemeanor is “that term as defined in . . . MCL 780.811.” MCL 780.621(4)(i).
•For purposes of MCL 780.796a, serious misdemeanor is “defined in [MCL 780.811].” MCL 780.796a(2)(b).
•For purposes of the CVRA, Article 3 (Misdemeanor Article), MCL 780.811 et seq., serious misdemeanor is one or more of the following:
“(i) A violation of [MCL 750.81], assault and battery, including domestic violence.
(ii) A violation of [MCL 750.81a], assault; infliction of serious injury, including aggravated domestic violence.
(iii) Beginning January 1, 2024, a violation of [MCL 750.81c(1)], threatening a department of health and human services’ employee with physical harm.
(iv) A violation of [MCL 750.115], breaking and entering or illegal entry.
(v) A violation of [MCL 750.136b(7)], child abuse in the fourth degree.
(vi) A violation of [MCL 750.145], contributing to the neglect or delinquency of a minor.
(vii) A misdemeanor violation of [MCL 750.145d], using the internet or a computer to make a prohibited communication.
(viii) Beginning January 1, 2024, a violation of [MCL 750.147a(2) or MCL 750.174a(3)(b)], embezzlement from a vulnerable adult of an amount of less than $200.00.
(ix) Beginning January 1, 2024, a violation of [MCL 750.174a(3)(a)], embezzlement from a vulnerable adult of an amount of $200.00 to $1,000.00.
(x) A violation of [MCL 750.233], intentionally aiming a firearm without malice.
(xi) A violation of [MCL 750.234], discharge of a firearm intentionally aimed at a person.
(xii) A violation of [MCL 750.235], discharge of an intentionally aimed firearm resulting in injury.
(xiii) A violation of [MCL 750.335a], indecent exposure.
(xiv) A violation of [MCL 750.411h], stalking.
(xv) A violation of [MCL 257.601b(2)], injuring a worker in a work zone.
(xvi) Beginning January 1, 2024, a violation of [MCL 257.601d(1)], moving violation causing death.
(xvii) Beginning January 1, 2024, a violation of [MCL 257.601d(2)], moving violation causing serious impairment of a body function.
(xviii) A violation of [MCL 257.617a], leaving the scene of a personal injury accident.
(xix) A violation of [MCL 257.625], operating a vehicle while under the influence of or impaired by intoxicating liquor or a controlled substance, or with an unlawful blood alcohol content, if the violation involves an accident resulting in damage to another individual’s property or physical injury or death to another individual.
(xx) Selling or furnishing alcoholic liquor to an individual less than 21 years of age in violation of [MCL 436.1701], if the violation results in physical injury or death to any individual.
(xxi) A violation of [MCL 324.80176(1) or MCL 324.80176(3)], operating a vessel while under the influence of or impaired by intoxicating liquor or a controlled substance, or with an unlawful blood alcohol content, if the violation involves an accident resulting in damage to another individual’s property or physical injury or death to any individual.
(xxii) A violation of a local ordinance substantially corresponding to a violation enumerated in subparagraphs (i) to (xxi).
(xxiii) A violation charged as a crime or serious misdemeanor enumerated in subparagraphs (i) to (xxii) but subsequently reduced to or pleaded to as a misdemeanor. As used in this subparagraph, ‘crime’ means that term as defined in [MCL 780.752(1)(b)].” MCL 780.811(1)(a).
•For purposes of MCL 18.355a, sexual assault is “a criminal violation of . . . MCL 750.520a to [MCL] 750.520n.” MCL 18.355a(11)(b).
•For purposes of MCL 600.2157a, sexual assault is “assault with intent to commit criminal sexual conduct.” MCL 600.2157a(1)(c).
•For purposes of the Sexual Assault Victim’s Access to Justice Act, MCL 752.951 et seq., sexual assault evidence kit is “that term as defined in . . . MCL 333.21527.” MCL 752.952(d). MCL 333.21527(2) defines sexual assault evidence kit as “a standardized set of equipment and written procedures approved by the department of state police that have been designed to be administered to an individual principally for the purpose of gathering evidence of sexual conduct, which evidence is of the type offered in court by the forensic science division of the department of state police for prosecuting a case of criminal sexual conduct under . . . MCL 750.520a to [MCL]750.520l.”
Sexual assault medical forensic examination (SAFE)
•For purposes of MCL 18.355a, sexual assault medical forensic examination is “that term as described in [MCL 18.355a(1)(a)-(d)].” MCL 18.355a(11)(c).
•For purposes of the Sexual Assault Victim’s Access to Justice Act, MCL 752.951 et seq., sexual assault offense is “a violation or attempted violation of . . . MCL 750.520b to [MCL] 750.520g.” MCL 752.952(e).
•For purposes of MCL 770.9b(3)(b), sexual assault of a minor is “a violation of any of the following[:]”
•CSC-I against an individual under the age of 16, MCL 750.520b. MCL 770.9b(3)(b)(i).
•CSC-II against an individual under the age of 16, MCL 750.520c. MCL 770.9b(3)(b)(i).
•CSC-III involving force or coercion used to accomplish penetration against an individual under the age of 16, MCL 750.520d(1)(b). MCL 770.9b(3)(b)(i).
•CSC-III involving penetration of an individual under the age of 16 that the defendant knows or has reason to know is mentally incapable, mentally incapacitated, or physically helpless, MCL 750.520d(1)(c). MCL 770.9b(3)(b)(i).
•CSC-III involving penetration of an individual under the age of 16 who is related to the defendant by blood or affinity to the third degree, and penetration occurs under circumstances not otherwise addressed in the CSC Act. MCL 750.520d(1)(d). MCL 770.9b(3)(b)(i).
•CSC-III involving an individual who is at least age 16 but less than age 18 and is a student at a public or nonpublic school and the defendant is an individual listed in MCL 750.520d(1)(e)(i)-(ii), MCL 750.520d(1)(e).14 MCL 770.9b(3)(b)(i).
•CSC-III involving penetration of a victim who is at least 13 years old but under the age of 16, MCL 750.520d(1)(a), if the defendant is five or more years older than the victim. MCL 770.9b(3)(b)(ii).
•Assault with intent to commit criminal sexual conduct described in MCL 770.9b(3)(b)(i)-(ii) against an individual under the age of 16, MCL 750.520g. MCL 770.9b(3)(b)(iii).
Sexual assault or domestic crisis center
•For purposes of MCL 600.2157a, sexual assault or domestic violence crisis center is “an office, institution, agency, or center which offers assistance to victims of sexual assault or domestic violence and their families through crisis intervention and counseling.” MCL 600.2157a(1)(e).
Sexual assault or domestic violence counselor
•For purposes of MCL 600.2157a, sexual assault or domestic violence counselor is “a person who is employed at or who volunteers service at a sexual assault or domestic violence crisis center, and who in that capacity provides advice, counseling, or other assistance to victims of sexual assault or domestic violence and their families.” MCL 600.2157a(1)(d).
•For purposes of the Sexual Assault Victim’s Access to Justice Act, MCL 752.951 et seq., sexual assault victim is “an individual subjected to a sexual assault offense and, for the purpose of making communications and receiving notices under [the Sexual Assault Victim’s Access to Justice Act], a person designated by the sexual assault victim under [MCL 752.954].” MCL 752.952(f).
•For purposes of Article 5 (Prevention and Control of Diseases and Disabilities) of the Public Health Code, MCL 333.5101 et seq., sexual contact is “that term as defined in . . . MCL 750.520a.” MCL 333.5129(12)(a). MCL 750.520a(q) defines sexual contact as “the intentional touching of the victim’s or actor’s intimate parts or the intentional touching of the clothing covering the immediate area of the victim’s or actor’s intimate parts, if that intentional touching can reasonably be construed as being for the purpose of sexual arousal or gratification, done for a sexual purpose, or in a sexual manner for: (i) Revenge[;] (ii) To inflict humiliation[;] (iii) Out of anger.”
•For purposes of Article 5 (Prevention and Control of Diseases and Disabilities) of the Public Health Code, MCL 333.5101 et seq., sexual penetration is “that term as defined in . . . MCL 750.520a.” MCL 333.5129(12)(b). MCL 750.520a(r) defines sexual penetration as “sexual intercourse, cunnilingus, fellatio, anal intercourse, or any other intrusion, however slight, of any part of a person’s body or of any object into the genital or anal openings of another person’s body, but emission of semen is not required.”
•For purposes of MCL 712A.2, MCL 600.606, MCL 764.1f, and MCR 6.903, specified juvenile violations are as follows:
•first-degree arson, MCL 750.72;
•assault with intent to commit murder, MCL 750.83;
•assault with intent to maim, MCL 750.86;
•assault with intent to rob while armed, MCL 750.89;
•attempted murder, MCL 750.91;
•first-degree murder, MCL 750.316;
•second-degree murder, MCL 750.317;
•kidnapping, MCL 750.349;
•first-degree criminal sexual conduct, MCL 750.520b;
•armed robbery, MCL 750.529;
•carjacking, MCL 750.529a;
•robbery of a bank, safe, or vault, MCL 750.531;
•assault with intent to do great bodily harm or assault by strangulation or suffocation, MCL 750.84, if armed with a dangerous weapon;
•first-degree home invasion, MCL 750.110a(2), if armed with a dangerous weapon;
•escape or attempted escape from a medium- or high-security facility operated by the Department of Health and Human Services15 (DHHS) or a county juvenile agency, or from a high-security facility operated by a private agency under contract with the DHHS or a county juvenile agency, MCL 750.186a;
•possession of 1000 grams or more of a Schedule 1 or 2 narcotic or cocaine, MCL 333.7403(2)(a)(i);16
•manufacture, creation, or delivery of, or possession with intent to manufacture, create, or deliver, 1000 grams or more of a Schedule 1 or 2 narcotic or cocaine, MCL 333.7401(2)(a)(i);17
•an attempt, MCL 750.92, to commit any of the above crimes;
•conspiracy, MCL 750.157a, to commit any of the above crimes;
•solicitation, MCL 750.157b, to commit any of the above crimes;
•any lesser-included offense of a specified juvenile violation, if the juvenile is charged with a specified juvenile violation; and
•any other offense arising out of the same transaction as a specified juvenile violation, if the juvenile is charged with a specified juvenile violation. MCL 712A.2(a)(1)(A)-(I); MCL 600.606(2)(a)-(i); MCL 764.1f(2)(a)-(i); MCR 6.903(H)(1)-(19).
•For purposes of MCL 769.1, specified juvenile violations are as follows:
•first-degree arson, MCL 750.72;
•assault with intent to commit murder, MCL 750.83;
•assault with intent to maim, MCL 750.86;
•attempted murder, MCL 750.91;
•conspiracy, MCL 750.157a, to commit murder;
•solicitation, MCL 750.157b, to commit murder;
•first-degree murder, MCL 750.316;
•second-degree murder, MCL 750.317;
•kidnapping, MCL 750.349;
•first-degree criminal sexual conduct, MCL 750.520b;
•armed robbery, MCL 750.529; or
•carjacking, MCL 750.529a. MCL 769.1(1).
•For purposes of MCL 750.411h and MCL 750.411i, stalking is “a willful course of conduct involving repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimated, threatened, harassed, or molested and that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested.” MCL 750.411h(1)(e); MCL 750.411i(1)(e).
•For purposes of the Crime Victims Compensation Board, MCL 18.351 et seq. (by authority under Mich Admin Code, R 18.351(2)), support is “actual monetary payments made by a victim or intervenor to or for a person principally dependent on the victim or intervenor.” MCL 18.351(j).
T
•For purposes of the Sex Offenders Registration Act (SORA), MCL 28.721 et seq., tier III offender is a “either of the following:
(i) A tier II offender subsequently convicted of a tier I or II offense.
(ii) An individual convicted of a tier III offense.” MCL 28.722(u).
U
•For purposes of MCL 750.411h and MCL 750.411i, unconsented contact is “any contact with another individual that is initiated or continued without that individual’s consent or in disregard of that individual’s expressed desire that the contact be avoided or discontinued. Unconsented contact includes, but is not limited to, any of the following: (i) Following or appearing within the sight of that individual[,] (ii) Approaching or confronting that individual in a public place or on private property[,] (iii) Appearing at that individual’s workplace or resident[,] (iv) Entering onto or remaining on property owned, leased, or occupied by that individual[,] (v) Contacting that individual by telephone[,] (vi) Sending mail or electronic communications to that individual[, and] (vii) Placing an object on, or delivering an object to, property owned, leased, or occupied by that individual.” MCL 750.411h(1)(f); MCL 750.411i(1)(f).
V
•For purposes of Chapter 12 (Veterans Treatment Court18) of the Revised Judicature Act, MCL 600.1205 et seq., veteran is “an individual who meets both of the following:
(i) Is a veteran as defined in . . . MCL 35.61.[19]
(ii) Served at least 180 days of active duty in the armed forces of the United States.”20 MCL 600.1200(h).
•For purposes of Chapter 12 (Veterans Treatment Courts) of the Revised Judicature Act, MCL 600.1205 et seq., veterans treatment court is “a court adopted or instituted under [MCL 600.1201] that provides a supervised treatment program for individuals who are veterans and who abuse or are dependent upon any controlled substance or alcohol or suffer from a mental illness.” MCL 600.1200(j).
•For purposes of the Crime Victims Compensation Board, MCL 18.351 et seq. (by authority under Mich Admin Code, R 18.351(2)), victim is “a person who suffers a personal physical injury as a direct result of a crime.” MCL 18.351(k).
•For purposes of Article 5 (Prevention and Control of Diseases and Disabilities) of the Public Health Code, MCL 333.5101 et seq., victim is “that term as defined in . . . MCL 750.520a.”21 MCL 333.5129(12)(c).
•For purposes of MCL 600.2157a, victim is “a person who was or who alleges to have been the subject of a sexual assault or of domestic violence.” MCL 600.2157a(1)(f).
•For purposes of MCL 712A.18e, victim is “that term as defined in . . . MCL 780.781.” MCL 712A.18e(7)(c).
•For purposes of MCL 712A.30 (governing restitution under the Juvenile Code), victim is “an individual who suffers direct or threatened physical, financial, or emotional harm as a result of the commission of a juvenile offense. For purposes of [MCL 712A.2], [MCL 712A.3], [MCL 712A.6], [MCL 712A.8], [MCL 712A.9], and [MCL 712A.13], victim includes a sole proprietorship, partnership, corporation, association, governmental entity, or other legal entity that suffers direct physical or financial harm as a result of the commission of a juvenile offense.” MCL 712A.30(1)(b).
•For purposes of MCL 750.411h, victim is “an individual who is the target of a willful course of conduct involving repeated or continuing harassment.” MCL 750.411h(1)(g).
•For purposes of MCL 750.411i, victim is “an individual who is the target of a willful course of conduct involving repeated or continuing harassment.” MCL 750.411i(1)(g).
•For purposes of the Human Trafficking Victims Compensation Act, MCL 752.981 et seq., victim is “a victim of a violation of . . . MCL 750.462a to [MCL] 750.462h.” MCL 752.982.
•For purposes of the Code of Criminal Procedure, MCL 769.1a, victim is “an individual who suffers direct or threatened physical, financial, or emotional harm as a result of the commission of a felony, misdemeanor, or ordinance violation. For purposes of [MCL 769.1a(2)], [MCL 769.1a(3)], [MCL 769.1a(6)], [MCL 769.1a(8)], [MCL 769.1a(9)], and [MCL 769.1a(13)], victim includes a sole proprietorship, partnership, corporation, association, governmental entity, or any other legal entity that suffers direct physical or financial harm as a result of a felony, misdemeanor, or ordinance violation.” MCL 769.1a(1)(b).
•For purposes of MCL 780.621, victim is “that term as defined in . . . MCL 780.752, [MCL] 780.781, and [MCL] 780.811.” MCL 780.621(4)(j).
•For purposes of the CVRA, Article 1 (Felony Article), MCL 780.751 et seq., and except as otherwise defined in Article 1, victim is:
“(i) An individual who suffers direct or threatened physical, financial, or emotional harm as a result of the commission of a crime, except as provided in subparagraph (ii), (iii), (iv), or (v).
(ii) The following individuals other than the defendant if the victim is deceased, except as provided in subparagraph (v):
(A) The spouse of the deceased victim.
(B) A child of the deceased victim if the child is 18 years of age or older and sub-subparagraph (A) does not apply.
(C) A parent of the deceased victim if sub-subparagraphs (A) and (B) do not apply.
(D) The guardian or custodian of a child of the deceased victim if the child is less than 18 years of age and sub-subparagraphs (A) to (C) do not apply.
(E) A sibling of the deceased victim if sub-subparagraphs (A) to (D) do not apply.
(F) A grandparent of the deceased victim if sub-subparagraphs (A) to (E) do not apply.
(iii) A parent, guardian, or custodian of the victim, if the victim is less than 18 years of age, who is neither the defendant nor incarcerated, if the parent, guardian, or custodian so chooses.
(iv) A parent, guardian, or custodian of a victim who is mentally or emotionally unable to participate in the legal process if he or she is neither the defendant nor incarcerated.
(v) for the purpose of submitting or making an impact statement only, if the victim as defined in subparagraph (i) is deceased, is so mentally incapacitated that he or she cannot meaningfully understand or participate in the legal process, or consents to the designation as a victim of the following individuals other than the defendant:
(A) The spouse of the victim.
(B) A child of the victim if the child is 18 years of age or older.
(C) A parent of the victim.
(D) The guardian or custodian of a child of the victim if the child is less than 18 years of age.
(E) A sibling of the victim.
(F) A grandparent of the victim.
(G) A guardian or custodian of the victim if the victim is less than 18 years of age at the time of the commission of the crime and that guardian or custodian is not incarcerated.” MCL 780.752(1)(m).
•For purposes of MCL 780.766 (governing restitution under CVRA, Article 1 (Felony Article)), victim is “an individual who suffers direct or threatened physical, financial, or emotional harm as a result of the commission of a crime. As used in [MCL 780.766(2)], [MCL 780.766(3)], [MCL 780.766(6)], [MCL 780.766(8)], [MCL 780.766(9)], and [MCL 780.766(13)] only, victim includes a sole proprietorship, partnership, corporation, association, governmental entity, or any other legal entity that suffers direct physical or financial harm as a result of a crime.” MCL 780.766(1).
•For purposes of the CVRA, Article 2 (Juvenile Article), MCL 780.781 et seq., and except as otherwise defined in Article 2, victim is
“(i) A person who suffers direct or threatened physical, financial, or emotional harm as a result of the commission of an offense, except as provided in subparagraph (ii), (iii), (iv), or (v).
(ii) The following individuals other than the juvenile if the victim is deceased, except as provided in subparagraph (v):
(A) The spouse of the deceased victim.
(B) A child of the deceased victim if the child is 18 years of age or older and sub-subparagraph (A) does not apply.
(C) A parent of a deceased victim if sub-subparagraphs (A) and (B) do not apply.
(D) The guardian or custodian of a child of a deceased victim if the child is less than 18 years of age and sub-subparagraphs (A) to (C) do not apply.
(E) A sibling of the deceased victim if sub-subparagraphs (A) to (D) do not apply.
(F) A grandparent of the deceased victim if sub-subparagraphs (A) to (E) do not apply.
(iii) A parent, guardian, or custodian of a victim who is less than 18 years of age and who is neither the juvenile nor incarcerated, if the parent, guardian, or custodian so chooses.
(iv) A parent, guardian, or custodian of a victim who is mentally or emotionally unable to participate in the legal process if he or she is neither the juvenile nor incarcerated.
(v) for the purpose of submitting or making an impact statement only, if the victim as defined in subparagraph (i) is deceased, is so mentally incapacitated that he or she cannot meaningfully understand or participate in the legal process, or consents to the designation as a victim of the following individuals other than the juvenile:
(A) The spouse of the victim.
(B) A child of the victim if the child is 18 years of age or older.
(C) A parent of the victim.
(D) The guardian or custodian of a child of the victim if the child is less than 18 years of age.
(E) A sibling of the victim.
(F) A grandparent of the victim.
(G) A guardian or custodian of the victim if the victim is less than 18 years of age at the time of the commission of the crime and that guardian or custodian is not incarcerated.” MCL 780.781(1)(j).
•For purposes of MCL 780.794 (governing restitution under CVRA, Article 2 (Juvenile Article)), victim is “an individual who suffers direct or threatened physical, financial, or emotional harm as a result of the commission of an offense. As used in [MCL 780.794(2)], [MCL 780.794(3)], [MCL 780.794(6)], [MCL 780.794(8)], [MCL 780.794(9)], and [MCL 780.794(13)] only, victim includes a sole proprietorship, partnership, corporation, association, governmental entity, or any other legal entity that suffers direct physical or financial harm as a result of an offense.” MCL 780.794(1)(b).
•For purposes of the CVRA, Article 3 (Misdemeanor Article), MCL 780.811 et seq., and except as otherwise defined in Article 3, victim is
“(i) An individual who suffers direct or threatened physical, financial, or emotional harm as a result of the commission of a serious misdemeanor, except as provided in subparagraph (ii), (iii), (iv), or (v).
(ii) The following individuals other than the defendant if the victim is deceased, except as provided in subparagraph (v):
(A) The spouse of the deceased victim.
(B) A child of the deceased victim if the child is 18 years of age or older and sub-subparagraph (A) does not apply.
(C) A parent of a deceased victim if sub-subparagraphs (A) and (B) do not apply.
(D) The guardian or custodian of a child of a deceased victim if the child is less than 18 years of age and sub-subparagraphs (A) to (C) do not apply.
(E) A sibling of the deceased victim if sub-subparagraphs (A) to (D) do not apply.
(F) A grandparent of the deceased victim if sub-subparagraphs (A) to (E) do not apply.
(iii) A parent, guardian, or custodian of a victim who is less than 18 years of age and who is neither the defendant nor incarcerated, if the parent, guardian, or custodian so chooses.
(iv) A parent, guardian, or custodian of a victim who is so mentally incapacitated that he or she cannot meaningfully understand or participate in the legal process if he or she is not the defendant and is not incarcerated.
(v) for the purpose of submitting or making an impact statement only, if the victim as defined in subparagraph (i) is deceased, is so mentally incapacitated that he or she cannot meaningfully understand or participate in the legal process, or consents to the designation as a victim of the following individuals other than the defendant:
(A) The spouse of the victim.
(B) A child of the victim if the child is 18 years of age or older.
(C) A parent of the victim.
(D) The guardian or custodian of a child of the victim if the child is less than 18 years of age.
(E) A sibling of the victim.
(F) A grandparent of the victim.
(G) A guardian or custodian of the victim if the victim is less than 18 years of age at the time of the commission of the crime and that guardian or custodian is not incarcerated.” MCL 780.811(1)(h).
•For purposes of MCL 780.826 (governing restitution under CVRA, Article 3 (Misdemeanor Article)), victim is “an individual who suffers direct or threatened physical, financial, or emotional harm as a result of the commission of a misdemeanor. As used in [MCL 780.826(2)], [MCL 780.826(3)], [MCL 780.826(6)], [MCL 780.826(8)], [MCL 780.826(9)], and [MCL 780.826(13)] only, victim includes a sole proprietorship, partnership, corporation, association, governmental entity, or any other legal entity that suffers direct physical or financial harm as a result of a misdemeanor.” MCL 780.826(1)(b).
•For purposes of MCL 712A.29, victim payment is “restitution ordered under [MCL 712A.30] and [MCL 712A.31] and under the crime victim’s rights act, . . . MCL 780.751 to [MCL] 780.834, 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 . . . MCL 780.905.” MCL 712A.29(7).
•For purposes of MCL 775.22, victim payment is “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 . . . MCL 780.905.” MCL 775.22(5).
•For purposes of the CVRA, Article 1 (Felony Article), MCL 780.766, victim payment is “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 . . . MCL 780.905.” MCL 780.766b(5).
•For purposes of the CVRA, Article 2 (Juvenile Article), MCL 780.794, victim payment is “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 . . . MCL 780.905.” MCL 780.794a(5).
•For purposes of the CVRA, Article 3 (Misdemeanor Article), MCL 780.826a, victim payment is “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 . . . MCL 780.905.” MCL 780.826a(5).
•For purposes of MCL 780.762, victim’s representative is “any of the following:
(a) A guardian or custodian of a child of a deceased victim if the child is less than 18 years of age.
(b) A parent, guardian, or custodian of a victim of an assaultive crime if the victim of the assaultive crime is less than 18 years of age.
(c) A person who has been designated under [MCL 780.752(2)] to act in place of a victim of an assaultive crime during the duration of the victim's physical or emotional disability.” MCL 780.762(3)(a)-(c).
•For purposes of MCL 780.790, victim’s representative is “any of the following:
(a) A guardian or custodian of a child of a deceased victim if the child is less than 18 years of age.
(b) A parent, guardian, or custodian of a victim of an offense that if committed by an adult would be an assaultive crime if the victim of the offense is less than 18 years of age.
(c) A person who has been designated under [MCL 780.781(2)] to act in place of a victim of an offense that if committed by an adult would be an assaultive crime during the duration of the victim's physical or emotional disability.”MCL 780.790(3).
•For purposes of MCL 780.822, victim’s representative is “any of the following:
(a) A guardian or custodian of a child of a deceased victim if the child is less than 18 years of age.
(b) A parent, guardian, or custodian of a victim of an assaultive serious misdemeanor if the victim of the assaultive serious misdemeanor is less than 18 years of age.
(c) A person who has been designated under [MCL 780.811(2)] to act in place of a victim of an assaultive serious misdemeanor during the duration of the victim's physical or emotional disability.” MCL 780.822(3).
•For purposes of MCL 791.269, victim’s representative is “either of the following:
(a) If the victim is less than 18 years of age, his or her parent or legal guardian.
(b) If the victim is deceased or otherwise unable to exercise his or her rights under [MCL 791.269], a member of the victim’s immediate family or, if there is no immediate family member, the victim’s next of kin.” MCL 791.269(2).
•For purposes of the Crime Victims Compensation Board, MCL 18.351 et seq., victim services organization “means an organization or agency that has a documented history of providing services to address issues arising from victimization to victims or to family members or household members of victims.” MCL 18.351(l).
•For purposes of MCR 2.407, videoconferencing is “the use of an interactive technology, including a remote digital platform, that sends video, voice, and/or data signals over a transmission circuit so that two or more individuals or groups can communicate with each other simultaneously using video codecs, monitors, camera, audio microphones, and audio speakers. It includes use of a remote video platform through an audio-only option.” MCR 2.407(A)(2).
•For purposes of MCL 600.2163a, videorecorded statement is a witness’s statement taken by a custodian of the videorecorded statement as provided in [MCL 600.2163a(7)]. Videorecorded statement does not include a videorecorded deposition taken as provided in [MCL 600.2163a(20)] and [MCL 600.2163a(21)].” MCL 600.2163a(1)(e).
•For purposes of MCL 712A.17b, videorecorded statement is a witness’s statement taken by a custodian of the videorecorded statement as provided in [MCL 712A.17b(5)]. Videorecorded statement does not include a videorecorded deposition taken as provided in [MCL 712A.17b(16)] and [MCL 712A.17b(17)].” MCL 712A.17b(1)(d).
•For purposes of MCL 780.621 et seq., violent felony is “that term as defined . . . in MCL 791.236.” MCL 780.621(4)(k).
•For purposes of Chapter 10D (Family Treatment Court) of the Revised Judicature Act, MCL 600.1099aa et seq., violent offender is “an individual who is currently charged with or has pled guilty to an offense involving the death of or serious bodily injury to any individual, whether or not death or serious bodily injury is an element of the offense, or an offense that is criminal sexual conduct of any degree.” MCL 600.1099aa(i).
•For purposes of MCL 600.2163a, vulnerable adult is “that term as defined . . . MCL 750.145m.” MCL 600.2163a(1)(f). MCL 750.145m defines vulnerable adult as “one or more of the following:
(i) An individual age 18 or over who, because of age, developmental disability, mental illness, or physical disability requires supervision or personal care or lacks the personal and social skills required to live independently.
(ii) An adult as defined in . . . MCL 400.703.
(iii) An adult as defined in . . . MCL 400.11.” MCL 750.145m(u).
W
•For purposes of MCL 600.2163a, witness is “an alleged victim of an offense listed under [MCL 600.2163a(2)] who is any of the following:
(i) A person under 16 years of age.
(ii) A person 16 years of age or older with a developmental disability.
(iii) A vulnerable adult.” MCL 600.2163a(1)(g).
•For purposes of the administrative rules governing the Crime Victim Services Commission (by authority under MCL 18.353), writing is “any of the following:
(i) Handwriting.
(ii) Typewriting.
(iii) Printing.
(iv) Photostating.
(v) Photographing.
(vi) Photocopying.
(vii) Any other means of recording, including the recording of letters, words, pictures, sounds, symbols, or any combination thereof.
(viii) Maps.
(ix) Papers.
(x) Magnetic or punched cards.
(xi) Discs.
(xii) Drums.
(xiii) Any other means of recording or retaining meaningful contents.” Mich Admin Code, R 18.351(1)(r).