A brief discussion on peace bonds is contained in this section. For a more comprehensive discussion on peace bonds, see the Proceedings to Prevent Crime Act, MCL 772.1 et seq.
A peace bond is a court order issued by a district or municipal court judge that requires a person to keep the peace. MCL 772.1.
To initiate peace bond proceedings, MCL 772.2 requires the complainant to file a written complaint under oath in district or municipal court alleging that a person has threatened to commit an offense against a person or property of another.
On filing of a complaint, the judge must “examine on oath the complainant and any witnesses who may be produced.” MCL 772.2. “If the judge determines from the examination that there is just reason to believe the person will commit an offense described in [MCL 772.2], the judge may enter an order directing the person to appear on a date certain within 7 days.”1 MCL 772.3. “If upon examination the court determines there is not just cause to believe that an offense will be committed by the person against whom the complaint is made, the person shall promptly be discharged.” MCL 772.7. MCL 772.7 also requires the court to “order the complainant to pay the costs of the prosecution” where “the court finds the complaint unfounded, frivolous, or malicious.”
If the person named in the complaint does not agree to post a recognizance, the court must conduct a trial to determine if a recognizance will be required. MCL 772.4(1). “The person has a right to a trial by jury[, or] [t]he person may, with the consent of the complainant and approval of the court, waive a determination of the facts by a jury and elect to be tried before a judge without a jury.” Id. “If the judge or jury finds the accused is likely to breach the peace, the court shall require the accused to enter into a recognizance with sufficient sureties approved by the court to keep the peace towards all the people of this state, and especially towards the person or persons named in the complaint.” MCL 772.4(2). MCL 772.4(3) also provides the court or jury with the authority to “return a special verdict that the complaint and accusation is groundless or malicious.”
“If the person so ordered to recognize refuses or neglects to provide that recognizance, the court shall commit the person to the county jail during the period for which security was required, or until the person provides that recognizance.” MCL 772.6. Note, however, that the court must hold a hearing to determine a person’s ability and good faith effort to pay a recognizance before the court may incarcerate a person for failing to pay the recognizance, and “[i]n determining whether to incarcerate the person, the court shall also consider the person’s employment status, earning ability, and financial resources; the willfulness of the person’s failure to pay the recognizance; and any other special circumstances that may have a bearing on the person’s ability to pay the recognizance.” Id.
“The recognizance shall be in a sum set by the court, for a period as the court directs, but not exceeding 5 years.”2 MCL 772.4(2). The court may also include specific conditions in the recognizance. Id.
“Upon complying with the order of the court, the party complained of shall be discharged.” MCL 772.5. However, “[t]he person ordered to post the recognizance may, at any time pursuant to the rules of the court, petition the court to reduce the recognizance or eliminate the requirement of a recognizance.” MCL 772.4(2).
MCL 772.13 requires the court clerk to file a true copy of a peace bond “with the law enforcement agency or agencies having jurisdiction of the area in which the complainant resides or works.”
D.Violation of Recognizance or Peace Bond
“If a peace officer has reason to believe that the conditions of a recognizance required under this chapter are being violated in his or her presence or were violated, the peace officer shall arrest the person and hold him or her for presentation to the court on the next day.” MCL 772.13a.
“If the court is presented with allegations that the person violated 1 or more conditions of a peace bond, the court may issue an order directing the person to appear before the court on a date certain within 7 days or may issue a warrant. If the person fails to appear as ordered, the court shall issue a warrant. If the person appears and denies violating any conditions of the recognizance, the court shall schedule a hearing to be held within 7 days. The hearing shall be conducted in the same manner as a probation violation hearing.”3 MCL 772.13b.
“If the court finds by admission or after a hearing that the conditions of the recognizance were violated, the court shall order the recognizance forfeited. The court may also require an additional recognizance with sufficient sureties to secure the peace. If the person fails to recognize, the court shall proceed as set forth in [MCL 772.64]. If a recognizance is forfeited, the court, upon a petition by the person, may remit a portion of the penalty, as the circumstances render just and reasonable.” MCL 772.14.
“In addition to forfeiting the bond, a person who is required by an order issued under this chapter to keep the peace toward a spouse, former spouse, person with whom he or she has had a child in common, or person residing or having resided in the same household and who fails to comply with that order, is subject to the contempt powers of the court and may be imprisoned for not more than 90 days or fined not more than $500.00, or both.” MCL 772.14a.
1 “If the person fails to appear as ordered, the court shall issue a warrant[ or] [a]lternatively, the court may issue a warrant directed to the sheriff or any peace officer, reciting the substance of the complaint and commanding that the person be promptly apprehended and brought before the court.” MCL 772.3.
2 “In determining the amount of the recognizance, the court shall consider the person’s employment status, earning ability, and financial resources, and any other special circumstances that may have a bearing on the person’s ability to provide that recognizance.” MCL 772.4(2).
3 For information on probation violation hearings, see the Michigan Judicial Institute’s Criminal Proceedings Benchbook, Vol 3, Chapter 2.
4 “If the person so ordered to recognize refuses or neglects to provide that recognizance,” MCL 772.6 provides the court with the authority to “commit the person to the county jail during the period for which security was required, or until the person provides that recognizance.” Note, however, that the court must hold a hearing to determine a person’s ability and good faith effort to pay a recognizance before the court may incarcerate a person for failing to pay the recognizance, and “[i]n determining whether to incarcerate the person, the court shall also consider the person’s employment status, earning ability, and financial resources; the willfulness of the person’s failure to pay the recognizance; and any other special circumstances that may have a bearing on the person’s ability to pay the recognizance.” Id.