8.15Modifying Method of Paying Restitution

“Subject to [MCL 780.766(18), MCL 780.794(18), or MCL 780.826(15)¹], a [defendant or juvenile] who is required to pay restitution and who is not in willful default of the payment of the restitution may at any time petition the [sentencing judge or court] or his or her successor to modify the method of payment. If the court determines that payment under the order will impose a manifest hardship on the [defendant or juvenile] or his or her immediate family, and if the court also determines that modifying the method of payment will not impose a manifest hardship on the victim, the court may modify the method of payment.” MCL 780.766(12); MCL 780.794(12); MCL 780.826(12). See also MCL 712A.30(12) and MCL 769.1a(12), the corresponding Juvenile Code and Code of Criminal Procedure provisions.

Note: The court may, in certain circumstances and after certain requirements have been met, modify a juvenile’s supervisory parent’s restitution. See MCL 780.766(15); MCL 780.794(15). For additional information on modifying a juvenile’s supervisory parent’s restitution, see Section 8.13.

A court may exercise its discretion to modify the method of payment under MCL 780.766(12) “even where the defendant’s restitution stemmed from a plea agreement.” People v George, 495 Mich 940, 940 (2014) (noting that “[t]he statute makes no distinction between restitution ordered as part of a plea agreement or otherwise”).