Mich. Comp. Laws § 780.823

Current through Public Act 156 of the 2024 Legislative Session
Section 780.823 - Additional notice to victim; means; contents of impact statement
(1) The prosecuting attorney, upon and in accordance with the request of the victim, shall give to the victim notice of the following:
(a) The defendant's conviction.
(b) The offenses for which the defendant was convicted.
(c) If a presentence investigation report is to be prepared, the victim's right to make a written or oral impact statement for use in the preparation of the presentence investigation report concerning the defendant.
(d) The address and telephone number of the probation office which is to prepare the presentence investigation report.
(e) That a presentence investigation report and any statement of the victim included in the report will be made available to the defendant unless exempted from disclosure by the court.
(f) The victim's right to make an impact statement at sentencing.
(g) The time and place of the sentencing proceeding.
(2) The notice given by the prosecuting attorney to the victim must be given by any means reasonably calculated to give prompt actual notice.
(3) A notice given under subsection (1) shall inform the victim that his or her impact statement may include but shall not be limited to the following:
(a) An explanation of the nature and extent of any physical, psychological, or emotional harm or trauma suffered by the victim.
(b) An explanation of the extent of any economic loss or property damage suffered by the victim.
(c) An opinion of the need for and extent of restitution and whether the victim has applied for or received compensation for loss or damage.
(d) The victim's recommendation for an appropriate sentence.

MCL 780.823

Add. 1988, Act 21, Eff. 6/1/1988.