8.8Alternative Means to Pay Restitution

A.Restitution Paid in Services in Lieu of Money

“If the victim or victim’s estate consents, the order of restitution may require that the [defendant or juvenile] make restitution in services in lieu of money.” MCL 780.766(6); MCL 780.794(6); MCL 780.826(6). See also MCL 712A.30(6), the corresponding provision in the Juvenile Code applicable to juvenile proceedings; and MCL 769.1a(6), the corresponding Code of Criminal Procedure provision applicable to felonies, misdemeanors, and ordinance violations.

B.Restitution Paid by Bail Money

“If bond or bail is discharged, the court shall enter an order with a statement of the amount to be returned to the depositor. If the court ordered the defendant to pay a fine, costs, restitution, assessment, or other payment, the court shall order the fine, costs, restitution, assessment, or other payment collected out of cash bond or bail personally deposited by the defendant under this chapter, and the cash bond or bail used for that purpose shall be allocated as provided in [MCL 775.22¹].”² MCL 765.15(2). See also MCL 780.66(8) and MCL 780.67(7), which contain substantially similar language for a bail deposit or bail bond collected for traffic offenses and misdemeanors.

A defendant who pays his or her bail or bond by a cash deposit must be notified that on conviction “the cash deposit may be used to collect a fine, costs, restitution, assessment, or other payment pursuant to [MCL 765.15(2)].” MCL 765.6c. See also MCL 780.66(1) and MCL 780.67(1)(a), which contain substantially similar language for a bail deposit or bail bond collected for traffic offenses and misdemeanors.

C.Restitution Paid by Proceeds From Property Forfeiture

“When property is forfeited under [MCL 600.4701 et seq.], the unit of government that seized or filed a lien against the property may sell the property that is not required to be destroyed by law and that is not harmful to the public and may dispose of the proceeds and any money, including any interest earned on money deposited in a financial institution as described in [MCL 600.4703(6)], negotiable instrument, security, or other thing of value that is forfeited under this chapter in the following order of priority:

(a) Pay any outstanding security interest of a secured party who did not have prior knowledge of, or consent to the commission of, the crime, or did not acquire his or her interest as the result of a transfer that is void under [MCL 600.4703(7)].

(b) Satisfy any order of restitution in the prosecution for the crime.

(c) Pay the claim of each person who shows that he or she is a victim of the crime to the extent that the claim is not covered by an order of restitution.

(d) Pay any outstanding lien against the property that has been imposed by a governmental unit.

(e) Pay the proper expenses of the proceedings for forfeiture and sale, including, but not limited to, expenses incurred during the seizure process and expenses for maintaining custody of the property, advertising, as well as reasonable prosecution and court costs.

(f) The balance remaining after the payment of restitution, the claims of victims, outstanding liens, and expenses shall be distributed by the court having jurisdiction over the forfeiture proceedings to the unit or units of government substantially involved in effecting the forfeiture. Seventy-five percent of the money received by a unit of government under this subdivision shall be used to enhance enforcement of the criminal laws and 25% of the money shall be used to implement the [CVRA]. A unit of government receiving money under this subdivision shall report annually to the department of management and budget the amount of money received under this subdivision that was used to enhance enforcement of the criminal laws and the amount that was used to implement the [CVRA].” MCL 600.4708(1).

See also MCL 257.625n(7), which contains substantially similar language for vehicle forfeiture under the Michigan Vehicle Code for certain offenses involving driving while intoxicated, reckless driving, and driving without a license; MCL 750.159r(1), which contains substantially similar language for property forfeiture under the criminal enterprise chapter of the Michigan Penal Code.