2.5​Limiting Exposure of Victim’s Location or Personal Information

A.​Denying Freedom of Information Act (FOIA) Requests

The CVRA, Article 1 (Felony Article), the CVRA, Article 2 (Juvenile Article), and the CVRA, Article 3 (Misdemeanor Article), provide that “information and visual representations of a victim are subject to the following:

(a) The home address, home telephone number, work address, and work telephone number of the victim are exempt from disclosure under the [FOIA], unless the address is used to identify the place of the crime.

(b) A picture, photograph, drawing, or other visual representation, including any film, videotape, or digitally stored image of the victim, are exempt from disclosure under the [FOIA], and, if the picture, photograph, drawing, or other visual representation is from a court proceeding that is made available to the public through streaming on the internet or other means, the picture, photograph, drawing, or visual representation may be blurred.

(c) The following information concerning a victim of child abuse, criminal sexual conduct, assault with intent to commit criminal sexual conduct, or a similar crime who was less than 18 years of age when the crime was committed is exempt from disclosure under the [FOIA]:

(i) The victim’s name and address.

(ii) The name and address of an immediate family member or relative of the victim, who has the same surname as the victim, other than the name and address of the accused.

(iii) Any other information that would tend to reveal the identity of the victim, including a reference to the victim’s familial or other relationship to the accused.” MCL 780.758(3)(a)-(c); MCL 780.788(2)(a)-(c); MCL 780.818(2)(a)-(c).²¹

A victim’s address and telephone number maintained by the court, sheriff, or Department of Corrections for notification purposes are exempt from disclosure under the FOIA, and must not be released. MCL 780.769(2); MCL 780.798(5); MCL 780.830. MCL 780.769a(3) also excludes from disclosure under the FOIA “[a] victim’s address and telephone number maintained by a hospital or facility” for purposes of notification regarding a defendant’s hospitalization or admittance by court order subsequent to the defendant being found not guilty by reason of insanity.

Any record of a crime victim’s oral or written statement to a parole board or other panel having authority over the defendant’s release on parole is exempt from disclosure under the FOIA, and must not be released.²² MCL 780.771(4).

B.​Exempting Disclosure of Information in Presentence Investigation Report

MCL 771.14(2) prohibits “[a] presentence investigation report prepared under [MCL 771.14(1)] [from] includ[ing] any address or telephone number for the home, workplace, school, or place of worship of any victim or witness, or a family member of any victim or witness, unless an address is used to identify the place of the crime or to impose conditions of release from custody that are necessary for the protection of a named individual.”

On request, MCL 771.14(2) also exempts from disclosure “any other address or telephone number that would reveal the location of a victim or witness or a family member of a victim or witness . . . unless an address is used to identity the place of the crime or to impose conditions of release from custody that are necessary for the protection of a named individual.”

C.​Limiting Testimony During Pretrial Proceedings and at Trial

Although MCR 6.201(A)(1) generally requires disclosure of the names and addresses of all lay witnesses the opposing party may call at trial, see also, MCR 3.922(A)(1)(c) (permitting discovery of the names of all prospective witnesses in juvenile delinquency cases); MCR 6.610(E)(2) (permitting discovery in misdemeanor cases where defendant requests discovery), in certain circumstances, the CVRA permits the prosecuting attorney to request that a victim’s identifying information be protected from disclosure during pretrial proceedings and also at trial:

“Based upon the victim’s reasonable apprehension of acts or threats of physical violence or intimidation by the defendant or at [the] defendant’s direction against the victim or the victim’s immediate family, the prosecuting attorney may move that the victim or any other witness not be compelled to testify at pretrial proceedings or at trial for purposes of identifying the victim as to the victim’s address, place of employment, or other personal identification without the victim’s consent. A hearing on the motion must be in camera.” MCL 780.758(1); MCL 780.818(1). See also MCL 780.788(1), which contains a substantially similar provision for proceedings involving juvenile offenders except that it also permits the victim to move to limit testimony in the prosecuting attorney’s absence.

D.​Limiting Content of Court File and Court Documents

Under the CVRA, Article 1 (Felony Article), the victim’s work and home address must “not be in the court file or ordinary court documents unless contained in a transcript of the trial or it is used to identify the place of the crime.” MCL 780.758(2). In addition, the victim’s work and home telephone number must “not be in the court file or ordinary court documents except as contained in a transcript of the trial.” Id.