9.3Mandatory Conditions of Probation

During the term of an individual’s probation, he or she must comply with all of the mandatory conditions of probation:

the probationer must not violate any criminal law or ordinance, MCL 771.3(1)(a);

the probationer must not leave Michigan without the court’s consent, MCL 771.3(1)(b);

the probationer must report (in person, virtually, or in writing) to his or her probation officer each month, or as often as the probation officer requires, MCL 771.3(1)(c);1

if the probationer is sentenced in circuit court, he or she must pay a probation supervision fee as set out in MCL 771.3c,2 MCL 771.3(1)(d);

the probationer must pay restitution to the victim of the probationer’s course of conduct leading to the conviction, or to the victim’s estate, MCL 771.3(1)(e);

the probationer must pay a crime victim assessment as set out in MCL 780.905, MCL 771.3(1)(f);

the probationer must pay the minimum state cost as set out in MCL 769.1j, MCL 771.3(1)(g); see also MCL 769.1k(1)(a);3 and

if required, the probationer must comply with the sex offenders registration act (MCL 28.721 to MCL 28.736), MCL 771.3(1)(h).4

If a defendant is placed on probation for a listed offense, the defendant’s probation officer must register the defendant or must accept the defendant’s registration. MCL 771.2(7).

Additional restrictions must be included in an order of probation for students who are convicted of, or juvenile-students adjudicated for, certain criminal sexual conduct offenses. MCL 750.520o(1). See Section 9.6(D) for a detailed discussion.

If entry of the judgment is deferred in the circuit court, the court must require payment of a supervision fee as set out in MCL 771.1(3) and the minimum state costs prescribed by MCL 769.1j. MCL 771.3(9). If sentencing is delayed or entry of judgment is deferred in the district court or a municipal court, the court must require payment of the minimum state costs prescribed by MCL 769.1j. MCL 771.3(10).

1   This requirement does not apply to a juvenile placed on probation and committed under MCL 769.1(3) or MCL 769.1(4) to an institution or agency described in the Youth Rehabilitation Services Act, MCL 803.301 et seq.

2   See Section 8.9(A) for a discussion of MCL 771.3c.

3   MCL 769.1k(1) applies “even if the defendant is placed on probation, probation is revoked, or the defendant is discharged from probation.” MCL 769.1k(3).

4   See the Michigan Judicial Institute’s Sexual Assault Benchbook, Chapter 10, for detailed information concerning the Sex Offenders Registration Act.