“Subject to [MCL 771.3g(4)], a court may enter an order of probation placing a prisoner on medical probation under the charge and supervision of a probation officer if the court finds that the prisoner requires acute long-term medical treatment or services, or that the prisoner is physically or mentally incapacitated with a medical condition that renders the prisoner unable to perform activities of basic daily living and the prisoner requires 24-hour care.” MCL 771.3g(3).
1.Notification of Eligibility from County Sheriff
“A county sheriff may notify the court in writing that a prisoner may be eligible for medical probation if the county sheriff has consulted with a physician and the physician determined either of the following:
(a) The prisoner is physically or mentally incapacitated due to a medical condition that renders the prisoner unable to perform activities of basic daily living, and the prisoner requires 24-hour care. The physician shall evaluate when the physical or mental incapacitation arose.
(b) The prisoner requires acute long-term medical treatment or services.” MCL 771.3g(1).
“A county sheriff’s notification submitted to the court under [MCL 771.3g(1)] must be accompanied with the evidence the physician considered in making a determination under [MCL 771.3g(1)(a) or MCL 771.3g(1)(b)].” MCL 771.3g(2).
2.Preconditions for Medical Probation
“A court shall not place a prisoner on medical probation unless all of the following apply:
(a) A placement option has been secured for the prisoner in the community. A placement option may include, but is not limited to, home confinement or a medical facility.
(b) The county sheriff has made a reasonable effort to determine whether expenses related to the prisoner’s placement secured under [MCL 771.3g(4)(a)] are covered by Medicaid, a health care policy, a certificate of insurance, or another source for the payment of medical expenses or whether the prisoner has sufficient income or assets to pay for expenses related to the placement.
(c) The court conducted a public hearing in which the prosecuting attorney of the county and each victim who requests notice in the manner provided in the [William Van Regenmorter Crime Victim’s Rights Act, MCL 780.751 et seq.], are provided adequate notice of the hearing and an opportunity to be heard during the hearing.” MCL 771.3g(4).
“If a court’s placement of a prisoner on medical probation results in expenses incurred by the county that are not covered by a payment source identified under [MCL 771.3g(4)(b)], to the extent permitted under applicable law, the county may seek reimbursement for those expenses.” MCL 771.3g(5).
“An order of medical probation entered under [MCL 771.3g(3)] may include as a condition of the medical probation that the prisoner submit to reexamination by a physician to assess whether the prisoner continues to meet the requirements for medical probation under [MCL 771.3g(3)].” MCL 771.3g(6).
“At any time while the prisoner is placed on medical probation, the court or probation officer may require the prisoner to submit to a reexamination.” MCL 771.3g(6).
“If, after the prisoner is reexamined, the court finds that the requirements for medical probation under [MCL 771.3g(3)] are no longer met, the court shall revoke medical probation and order the prisoner committed to the county jail for a term of imprisonment that does not exceed the penalty that was imposed, less time served, for the offense for which the prisoner was originally convicted and placed on medical probation.” MCL 771.3g(6).
“Subject to [MCL 771.3h(3)], a court may grant compassionate release to a prisoner if the court finds that the prisoner has a life expectancy of not more than 6 months and that the release of the prisoner would not reasonably pose a threat to public safety or the prisoner. If a court grants a prisoner compassionate release, the court shall enter an amended judgment of sentence specifying that the prisoner is released from the term of imprisonment imposed for the offense for which the prisoner was originally convicted.” MCL 771.3h(2).
1.Notification of Eligibility from County Sheriff
“A county sheriff may notify the court in writing that a prisoner may be eligible for compassionate release if the county sheriff has consulted with a physician and the physician determined that the prisoner has a life expectancy of not more than 6 months.” MCL 771.3h(1). “The notification must be accompanied with the evidence the physician considered in making the determination regarding the prisoner’s life expectancy.” Id.
2.Preconditions for Compassionate Release
“A court shall not grant a prisoner compassionate release unless all of the following apply:
(a) A placement option has been secured for the prisoner in the community. A placement option may include, but is not limited to, placement in the prisoner’s home or a medical facility.
(b) The sheriff has made a reasonable effort to determine whether expenses related to the prisoner’s placement secured under [MCL 771.3h(3)(a)] are covered by Medicaid, a health care policy, a certificate of insurance, or another source for the payment of medical expenses or whether the prisoner has sufficient income or assets to pay for expenses related to the placement.
(c) The court conducted a public hearing in which the prosecuting attorney of the county and each victim who requests notice in the manner provided in the [William Van Regenmorter Crime Victim’s Rights Act, MCL 780.751 et seq.], are provided adequate notice of the hearing and an opportunity to be heard during the hearing.” MCL 771.3h(3).
“If a court’s grant of compassionate release to a prisoner results in expenses incurred by the county that are not covered by a payment source identified under [MCL 771.3h(3)(b)], to the extent permitted under applicable law, the county may seek reimbursement for those expenses.” MCL 771.3h(4).
C.Swift and Sure Sanctions Probation Program
The statutory authority for the swift and sure sanctions probation program is codified in Chapter XIA of the Code of Criminal Procedure, MCL 771A.1 et seq. See also MCL 600.1086 (permitting a circuit court to adopt or institute a swift and sure sanctions court to carry out the purposes of the Swift and Sure Sanctions Act and setting procedures for transfers from other jurisdictions).
The swift and sure sanctions probation program is designed for high-risk felony offenders and involves closer monitoring and immediate sanctions for probation violations. See MCL 771A.5.
Defendants charged with a crime under MCL 750.316, MCL 750.317, MCL 750.520b, MCL 750.520d, MCL 750.529, and MCL 750.544, or a major controlled substance offense, except for violation of MCL 333.7403(2)(a)(v), are not eligible to participate in a swift and sure sanctions probation program. See MCL 771A.6(3).
The State Court Administrative Office has several resources for courts operating a swift and sure sanctions probation program on its website, accessible here.