5.8Notification of Case Outcome and of Crime Victim’s Rights to Participate in Process

In all cases under the CVRA, the prosecuting attorney must provide information to the victim that informs the victim of the case outcome and of the crime victim’s rights to participate in the process.

A.Duty to Notify Extends to Resolution of Case By Assignment to Trainee Status, Delayed Sentenced, or Deferred Judgment of Guilt

In all cases under the CVRA, the court’s, the Department of Corrections’s (DOC), the Department of Health and Human Services’s (DHHS), a county sheriff’s, or a prosecuting attorney’s duty to provide notice to a victim applies even when the case against the offender is “resolved by assignment of the [offender] to trainee status, by a delayed sentence or deferred judgment of guilt, or in another way that is not an acquittal or unconditional dismissal.” MCL 780.752a(1); MCL 780.781a(1); MCL 780.811b(1).

In providing notice to the victim, “the court, [the DOC], [the DHHS], [the] county sheriff, or [the] prosecuting attorney may furnish information or records to the victim that would otherwise be closed to public inspection, including information or records [related to an offender’s youthful trainee assignment].” MCL 780.752a(1); MCL 780.781a(1); MCL 780.811b(1).

To provide the victim with the required notice by mail under MCL 780.752a et seq. or under Const 1963, art 1, § 24, “the court, department of corrections, department of health and human services, county sheriff, or prosecuting attorney shall mail the notice to the address provided by the victim, except as otherwise provided under [MCL 780.861] of the address confidentiality program act.”1 MCL 780.752a(2); MCL 780.781a(2); MCL 780.811b(2). “If the victim is a program participant as that term is defined in [MCL 780.853] of the address confidentiality program act, the victim may provide the address designated by the department of the attorney general.” MCL 780.752a(2); MCL 780.781a(2); MCL 780.811b(2).

B.Notification of Conviction or Adjudication and of Victim’s Right to Participate in Sentencing or Disposition

1.Notification of Conviction in Felony Cases and Victim’s Right to Participate in Sentencing

At the victim’s request and “by any means reasonably calculated to give prompt actual notice[,]” the prosecuting attorney must provide the crime victim with notice of:

“(a) The defendant’s conviction.

(b) The crimes for which the defendant was convicted.

(c) The victim’s right to make a written or oral impact statement for use in the preparation of a presentence investigation report concerning the defendant.[2]

(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.”3 MCL 780.763(1)-(2).

“A notice given under [MCL 780.763(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[4] and whether the victim has applied for or received compensation for loss or damage.[5]

(d) The victim’s recommendation for an appropriate sentence.”6 MCL 780.763(3).

If a juvenile sentencing hearing is required in automatic waiver proceedings,7 the court must determine whether to sentence the juvenile as an adult or place the juvenile on juvenile probation and commit him or her to the state under MCL 769.1b. MCR 6.931(A). “On request, the court shall notify the victim of the juvenile sentencing hearing.” Id. (Emphasis added.)

2.Notification of Adjudication or Conviction in Juvenile Proceedings and Victim’s Right to Participate in Disposition Hearing or Sentencing

At the victim’s request, the prosecuting attorney (or the court if an agreement under MCL 780.798a8 exists) must provide the crime victim with notice of:

“(a) The offenses for which the juvenile was adjudicated or convicted.

(b) The victim’s right to make an impact statement at the disposition hearing or sentencing.

(c) The time and place of the disposition or sentencing proceeding.” MCL 780.791(1).

“If a report is to be prepared for the juvenile’s disposition or for a sentencing in a proceeding that is a designated case, the person preparing the report shall give notice to the victim of all of the following:

 (a) The victim’s right to make an impact statement for use in preparing the report.

(b) The address and telephone number of the person who is to prepare the report.

(c) The fact that the report and any statement of the victim included in the report will be made available to the juvenile unless exempted from disclosure by the court.” MCL 780.791(2). See also MCL 780.792(1).

The victim may request that his or her statement be included in the report. MCRL 780.792(3).

“If no presentence report is prepared, the court shall notify the prosecuting attorney of the date and time of sentencing at least 10 days prior to the disposition or sentencing.” MCL 780.792(2) (emphasis added).

“A notice under [MCL 780.791(1)] or [MCL 780.791(2)] shall inform the victim that his or her impact statement may be oral or written and may include, but shall not be limited to, any of 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[9] and whether the victim has applied for or received compensation for loss or damage.[10]

(d) The victim’s recommendation for an appropriate sentence.”11 MCL 780.791(3).

“The victim has the right to appear and make an oral impact statement at the juvenile’s disposition or sentencing.”12 MCL 780.793(1).

3.Notification of Conviction in Serious Misdemeanor Cases and Participation in Sentencing

At the victim’s request, the prosecuting attorney must provide the crime victim with notice of:13

“(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.” MCL 780.823(1).

Note: Use of a presentence investigation report (PSIR) in misdemeanor cases is at the court’s discretion.14 MCL 771.14(1). “If a [PSIR] concerning the defendant is prepared, the victim has the right to submit or make a written or oral impact statement to the probation officer for use by that officer in preparing the report pursuant to . . . MCL 771.14.”15 MCL 780.824. “If no presentence report is prepared, the court shall notify the prosecuting attorney of the date and time of sentencing at least 10 days before the sentencing.” MCL 780.825(1) (emphasis added).

“A notice given under [MCL 780.823(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[16] and whether the victim has applied for or received compensation for loss or damage.[17]

(d) The victim’s recommendation for an appropriate sentence.”18 MCL 780.823(3).

“The victim has the right to submit a written impact statement and has the right to appear and make an oral impact statement at the sentencing of the defendant[, and] . . . [t]he court shall consider the victim’s statement in imposing sentence on the defendant.”19 MCL 780.825(1).

“Unless the court has determined, in its discretion, that the defendant is behaving in a disruptive manner or presents a threat to the safety of any individuals present in the courtroom, the defendant must be physically present in the courtroom at the time a victim makes an oral impact statement[.]” MCL 780.825(2). “In making its determination, . . . the court may consider any relevant statement provided by the victim regarding the defendant being physically present during that victim’s oral impact statement.” Id.20

C.Notification of Disposition

1.Notification of Final Disposition in Felony Cases

“Upon the request of a victim, the prosecuting attorney shall, within 30 days of the final disposition of the case, notify the victim in writing of the final disposition of the case.” MCL 780.772.

2.Notification of Disposition in Juvenile Delinquency Proceedings

“On request, the prosecuting attorney, or, in accordance with an agreement under [MCL 780.798a21], the court, shall notify the victim of the disposition of the juvenile’s offense not more than 30 days after the disposition is made.” MCL 780.793(2).

3.Notification of Final Disposition in Serious Misdemeanor Cases

“Upon the request of a victim, the prosecuting attorney shall, within 30 days of the final disposition of the case, notify the victim in writing of the final disposition of the case.” MCL 780.827.

However, if the case is dismissed, “the prosecuting attorney shall notify the victim of the dismissal within 48 hours.” MCL 780.816(4).

1   The department of the attorney general must develop and implement the address confidentiality program not more than two years after an appropriation is made to the fund that will finance the program. MCL 780.869(4).

2    A court must use a presentence investigation report (PSIR) when sentencing a defendant for a felony offense. MCL 771.14(1); People v Hemphill, 439 Mich 576, 579 (1992). For additional information on PSIRs, see the Michigan Judicial Institute, Criminal Proceedings Benchbook, Vol. 2, Chapter 6.

3    See, however, People v Pfeiffer, 207 Mich App 151, 155, 160 (1994) (prosecutor’s failure to notify the victim’s family of the sentencing date did not justify resentencing the defendant even though the victim was unable to address the court at sentencing because “the court had a victim impact statement in the PSIR, and where the sentencing went forward without objection by the prosecutor[]”).

4    For a detailed discussion of restitution, see Chapter 8.

5    For a detailed discussion of crime victim compensation awards, see Chapter 9.

6    For additional information on victim impact statements, see Chapter 7.

7    A juvenile sentencing hearing is required unless the juvenile is convicted of an offense listed in MCL 769.1(1)(a)-(l), in which case the juvenile must “be sentenced in the same manner as an adult.” MCR 6.931(A).

8    In juvenile cases, MCL 780.798a authorizes “[t]he court [to] perform the notification functions delegated to the prosecuting attorney under [the CVRA] if both of the following circumstances exist: (a) The prosecuting attorney allows the court to perform those functions pursuant to a written agreement. (b) The court performed those functions before the effective date of [1993 PA 341, effective May 1, 1994].”

9    For a detailed discussion of restitution, see Chapter 8.

10    For a detailed discussion of crime victim compensation awards, see Chapter 9.

11    For additional information on victim impact statements, see Chapter 7.

12    “If the victim is physically or emotionally unable to make the oral impact statement, the victim may designate any other person 18 years of age or older who is neither the defendant nor incarcerated to make the statement on the victim’s behalf. The other person need not be an attorney. The victim may elect to remotely provide the oral impact statement under [MCL 780.793].” MCL 780.793(1).

13    “The notice given by the prosecuting attorney to the victim must be given by any means reasonably calculated to give prompt actual notice.” MCL 780.823(2).

14    For additional information on PSIRs, see the Michigan Judicial Institute, Criminal Proceedings Benchbook, Vol. 2, Chapter 6.

15    The victim may request that his or her written impact statement be included in the PSIR. MCL 771.14(2)(b). If the victim so requests, the victim’s written impact statement must be included in the report. MCL 780.824.

16    For a detailed discussion of restitution, see Chapter 8.

17    For a detailed discussion of crime victim compensation awards, see Chapter 9.

18    For additional information on victim impact statements, see Chapter 7.

19    “If the victim is physically or emotionally unable to make the oral impact statement, the victim may designate any other person 18 years of age or older who is neither the defendant nor incarcerated to make the statement on the victim’s behalf. The other person need not be an attorney. The victim may elect to remotely provide the oral impact statement under [MCL 780.825].” MCL 780.825(1).

20   MCL 780.825(3) “applies to cases in which the sentencing of the defendant occurs after May 22, 2018.”

21    In juvenile delinquency cases, MCL 780.798a authorizes the prosecuting attorney to enter a written agreement that the court will perform many of the prosecutor’s notification duties if the court performed those functions before May 1, 1994.