5.10Notification of Offender’s Status

At the crime victim’s request, the CVRA requires certain agencies to provide the crime victim with notification of the prisoner’s or juvenile’s status. See MCL 780.769(1); MCL 780.798(1); MCL 780.828a(1). Note that the transfer of an inmate to a jurisdiction outside of Michigan does not “impair or abrogate the rights of [the] crime victims” as set out under the CVRA. See MCL 791.256(3). See also MCL 3.981, which provides for the transfer of certain inmates under the Interstate Corrections Compact, MCL 3.981 et seq.

A.Felony Cases

“When a defendant is sentenced to probation, sentenced to a term of imprisonment, ordered to be placed in a juvenile facility, or hospitalized in or admitted to a hospital or a facility, the prosecuting attorney shall provide the victim with a form the victim may submit to receive [notification of the offender’s status as provided for under] [MCL 780.768b], [MCL 780.769], [MCL 780.769a], [MCL 780.770], or [MCL 780.770a]. The form must include the address of the court, the department of corrections [DOC], the sheriff, the department of health and human services [DHHS], the county juvenile agency, or the hospital or facility, as applicable, to which the form may be sent and a statement that the victim may use the address designated by the department of the attorney general to receive notices if the victim is a program participant as that term is defined in [MCL 780.853] of the address confidentiality program act.”42 MCL 780.763a(1).

A victim’s address and telephone number maintained by a sheriff, the DOC, a hospital, or mental facility under MCL 780.769 or MCL 780.769a is exempt from disclosure under the Michigan’s FOIA, MCL 15.231 et seq., and shall not be released. MCL 780.769(2); MCL 780.769a(3).

1.Revocation of Defendant’s Probation

“If the defendant is sentenced to probation, the [DOC] or the sheriff, as applicable, shall notify the victim if the probation is revoked and the defendant is sentenced to the [DOC] or to jail for more than 90 days. The notice must include a form the victim may submit to the [DOC] or the sheriff to receive notices under [MCL 780.769], [MCL 780.770], or [MCL 780.770a].” MCL 780.763a(2).

2.Proposed Placement of Prisoner in Special Alternative Incarceration (SAI) Program

“If the [DOC] determines that a defendant who was, in the defendant’s judgment of sentence, not prohibited from being or permitted to be placed in the special alternative incarceration [(SAI)] unit established under . . . the special alternative incarceration act, . . . MCL 798.13, meets the eligibility requirements of [MCL 791.234a(2)] and [MCL 791.234a(3),] . . . the [DOC] shall notify the victim, if the victim has submitted a written request for notification under [MCL 780.769], of the proposed placement of the defendant in the [SAI] unit not later than 30 days before placement is intended to occur.” MCL 780.763a(3). For a detailed discussion of the SAI program, see the Michigan Judicial Institute’s Criminal Proceedings Benchbook, Vol. 2, Chapter 9.

“In making the decision on whether or not to object to the placement of the defendant in a special alternative incarceration unit as required by [MCL 791.234a(4),] . . . the sentencing judge or the judge’s successor shall review an impact statement submitted by the victim under [MCL 780.764].”43 MCL 780.763a(3).

3.Defendant’s Status in Court-Ordered Hospitalization or Mental Facility

“On a victim’s written request, the director of a hospital or facility where a defendant found not guilty by reason of insanity has been hospitalized or admitted by court order shall notify the victim of the following:

(a) A pending transfer of the defendant to a less secure hospital or facility.

(b) A pending transfer of the defendant to alternative care or treatment, community placement, or aftercare reintegration.

(c) A pending leave, absence, furlough, or other release from confinement for the defendant, whether temporary or permanent.” MCL 780.769a(1).

“A notice required by [MCL 780.769a(1)] shall be given by any means reasonably calculated to give the victim prompt actual notice.” MCL 780.769a(2).

4.Prisoner’s Earliest Release or Parole Eligibility Date

Within 30 days of a “written request of any individual who was a victim of the defendant’s course of conduct that gave rise to the conviction, the sheriff or the [DOC] shall mail to that victim . . . notice of the sheriff’s calculation of the prisoner’s earliest release date or the [DOC’s] calculation of the prisoner’s earliest parole eligibility date, with all potential good time or disciplinary credits considered, if the sentence of the imprisonment exceeds 90 days.” MCL 780.769(1)(a).

5.Prisoner’s Transfer to or From a Secure Facility or Release/Transfer to or From Community Status

At the written request of “any individual who was a victim of the defendant’s course of conduct that gave rise to the conviction, the sheriff or the [DOC] shall mail to that victim[:]”

“Notice of the prisoner’s transfer or pending transfer to a minimum security facility and the facility’s address.” MCL 780.769(1)(b).

“Notice of the prisoner’s release or pending release in a community residential program or under furlough; any other transfer to community status; any transfer from 1 community residential program or electronic monitoring program to another; or any transfer from a community residential program or electronic monitoring program to a state correctional facility.” MCL 780.769(1)(c).

For a juvenile convicted following an automatic waiver proceeding, the DHHS or the county juvenile agency must, at the victim’s written request, “make a good faith effort to notify the victim before . . . [the] juvenile is transferred from a secure juvenile facility to a nonsecure juvenile facility.” MCL 780.770a(1)(b).

“If the [DHHS] or [the] county juvenile agency is not successful in notifying the victim before [the juvenile is transferred to the nonsecure juvenile facility], it shall notify the victim as soon as possible after [the transfer] by any means reasonably calculated to give prompt actual notice.” MCL 780.770a(2).

6.Offender’s Escape From Custody

At the written request of “any individual who was a victim of the defendant’s course of conduct that gave rise to the conviction[, that victim must receive] . . . [n]otice that the person accused, convicted, or imprisoned for committing a crime against the victim has escaped from custody, as provided in [MCL 780.770].” MCL 780.769(1)(d).

MCL 780.770 specifically requires certain persons to provide the victim and the prosecuting attorney with immediate notice of a prisoner’s escape:

“(1) The person designated in subsections (2) to (4) shall give a victim who requests notice and the prosecuting attorney who is prosecuting or has prosecuted the crime for which a defendant is detained, under sentence, hospitalized, or admitted to a facility immediate notice of the escape of the defendant accused, convicted, imprisoned, hospitalized, or admitted to a facility for committing a crime against the victim. The notice shall be given by any means reasonably calculated to give prompt actual notice.

(2) If notice is required under this section and the defendant escapes from custody before sentence is executed or before the defendant is delivered to the [DOC], hospitalized, or admitted to a facility, the chief law enforcement officer of the agency in charge of the person’s detention shall give notice to the prosecuting attorney that the defendant has escaped, who shall then give notice to the victim who requested that notice. The notice shall be provided to the victim within 24 hours after the defendant is reported to have escaped.

(3) If the defendant is confined under a sentence, the notice required under this section shall be given by the chief administrator of the place in which the prisoner is confined.

(4) If the defendant is hospitalized under an order of hospitalization or admitted to a facility under an order of admission, the notice required under this section shall be given by the director of the hospital in which the defendant is hospitalized or by the director of the facility to which the defendant is admitted.”

For a juvenile convicted following an automatic waiver proceeding, the DHHS or the county juvenile agency must provide, at the victim’s written request, notice of a juvenile’s escape. MCL 780.770a(3). “A victim who requests notice of an escape shall be given immediate notice of the escape by any means reasonably calculated to give prompt actual notice.” Id.

Note: “If the escape occurs before the juvenile is delivered to the [DHHS] or county juvenile agency, the agency in charge of the juvenile’s detention shall give notice of the escape to the [DHHS] or county juvenile agency, which shall then give notice of the escape to the victim who requested notice.” MCL 780.770a(3).

7.Review Hearings

a.Parole Review Proceedings

At the written request of “any individual who was a victim of the defendant’s course of conduct that gave rise to the conviction, the sheriff or the [DOC] shall mail to that victim[:]”

“Notice of both the following:

(i) The victim’s right to address or submit a written statement for consideration by a parole board member or a member of any other panel having authority over the prisoner’s release on parole during the time the prisoner’s release on parole or commutation of sentencing is being considered, as provided in [MCL 780.771].

(ii) The victim’s right to address the parole board and to present exhibits or other photographic or documentary information to the parole board including at a commutation hearing.” MCL 780.769(1)(e).

“Notice of the decision of the parole board, or any other panel having authority over the prisoner’s release on parole, after a parole review, as provided in [MCL 780.771].” MCL 780.769(1)(f).

“Not less than 30 days before a review of the prisoner’s release, a victim who has requested notice under [MCL 780.769(1)(f)] shall be given written notice by the [DOC] informing the victim of the pending review and of victims’ rights under this section.[44] The victim, at his or her own expense, may be represented by counsel at the review.” MCL 780.771(2).

“A victim shall receive notice of the decision of the board or panel and, if applicable, notice of the date of the prisoner’s release on parole. Notice shall be mailed within a reasonable time after the board or panel reaches its decision but not later than 14 days after the board or panel has reached its decision. The notice shall include a statement of the victim’s right to appeal a parole decision, as allowed under . . . MCL 791.234.” MCL 780.771(3).

b. Automatic Waiver Review Hearings

For a juvenile convicted following an automatic waiver proceeding and placed on probation and committed to state wardship, the prosecuting attorney must, at the victim’s request, provide the victim with “notice of a review hearing conducted pursuant to [MCL 769.1b.]” MCL 780.770b. “The victim has the right to make a statement at the [review] hearing, submit a written statement for use at the hearing, or both.” Id. 

For a detailed discussion of review hearings conducted under MCL 769.1b, see the Michigan Judicial Institute’s Juvenile Justice Benchbook, Chapter 16.

8.Automatic Waiver Proceedings: Juvenile’s Dismissal From Court Jurisdiction or Discharge From Commitment to DHHS or County Juvenile Agency

For a juvenile convicted following an automatic waiver proceeding, the DHHS or the county juvenile agency must, at the victim’s written request, “make a good faith effort to notify the victim before . . . [the] juvenile is dismissed from court jurisdiction or discharged from commitment to the [DHHS] or county juvenile agency.”45 MCL 780.770a(1)(a).

“If the [DHHS] or [the] county juvenile agency is not successful in notifying the victim before [the juvenile is dismissed from court jurisdiction or discharged from commitment to the DHHS or the county juvenile agency], it shall notify the victim as soon as possible after [the dismissal or discharge] by any means reasonably calculated to give prompt actual notice.” MCL 780.770a(2).

9.Prisoner’s Discharge From Prison

At the written request of “any individual who was a victim of the defendant’s course of conduct that gave rise to the conviction, the sheriff or the [DOC] shall mail to that victim . . . [n]otice of the release of a prisoner 90 days before the date of the prisoner’s discharge from prison, unless the notice has been otherwise provided under this article.” MCL 780.769(1)(g).

10.Early Termination of Defendant’s Probation

With specific exceptions,46 a defendant who has completed one-half of the original felony . . . probation period, may be eligible for early discharge as provided in MCL 771.2. MCL 771.2(2). See also MCR 6.441. If the sentencing court schedules a hearing to determine a probationer’s early discharge, the prosecutor must notify the victim of the date and time of the hearing, and the victim must be given an opportunity to be heard. MCL 771.2(8). See also MCR 6.441(E).

“If a defendant is sentenced to probation with a condition for the protection of the victim and if requested by the victim, the court shall notify the victim by mail if the court orders that the probation be terminated earlier than previously ordered.” MCL 780.768b (emphasis added).

For a comprehensive discussion of early discharge from probation, see Section 8.10(A).

11.Prisoner’s Request for Reprieve, Commutation, or Pardon

At the written request of “any individual who was a victim of the defendant’s course of conduct that gave rise to the conviction, the sheriff or the [DOC] shall mail to that victim[:]”

“Notice that the prisoner has applied for a reprieve, commutation, or pardon and the parole board has decided to consider the application.” MCL 780.769(1)(h).

“Notice of a public hearing under . . . MCL 791.244, regarding a reprieve, commutation, or pardon of the prisoner’s sentence by the governor.” MCL 780.769(1)(i).

“Notice that a reprieve, commutation, or pardon has been granted or denied upon conclusion of a public hearing.” MCL 780.769(1)(j).

MCL 791.244(2) sets out the required procedures the parole board must follow after receiving a prisoner’s application for reprieve, commutation, or pardon. MCL 791.244(2)(g) specifically requires that “[n]ot fewer than 30 days before conducting the public hearing, [the parole board must] provide written notice of the public hearing by mail to the attorney general, the sentencing trial judge, and the prosecuting attorney, or their successors in office, and each victim who requests notice under [the CVRA].”

MCL 791.244a(2) sets out the required procedures the parole board must follow after receiving the governor’s request to “expedite the review hearing process for a reprieve, commutation, or pardon based in part on a prisoner’s medical condition[.]” MCL 791.244a(2)(g) specifically requires that “[n]ot fewer than 30 days before conducting the public hearing, [the parole board must] provide written notice of the public hearing by mail to the attorney general, the sentencing judge, and the prosecuting attorney, or their successors in office, and each victim who requests notice under [the CVRA].”

12.Prisoner’s Conviction of New Crime

At the written request of “any individual who was a victim of the defendant’s course of conduct that gave rise to the conviction, the sheriff or the [DOC] shall mail to that victim . . . [n]otice that a prisoner has been convicted of a new crime.” MCL 780.769(1)(l).

13.Prisoner’s Parole Violation

At the written request of “any individual who was a victim of the defendant’s course of conduct that gave rise to the conviction, the sheriff or the [DOC] shall mail to that victim . . . [n]otice that a prisoner has been returned from parole status to a correctional facility due to an alleged violation of the conditions of his or her parole.” MCL 780.769(1)(m).

14.Defendant’s Name Change

At the written request of “any individual who was a victim of the defendant’s course of conduct that gave rise to the conviction, the sheriff or the [DOC] shall mail to that victim . . . [n]otice that a prisoner has had his or her name legally changed while on parole or within 2 years after release from parole.” MCL 780.769(1)(k).

MCL 711.1 sets out the required procedures for issuing name change orders. MCL 711.1(3) specifically requires the court to take the following actions, which help effectuate notice to the victim:

“If the court enters an order to change the name of an individual who has a criminal record, the court shall forward the order to the central records division of the department of state police and to all of the following, as applicable:

(a) The [DOC] if the individual named in the order is in prison or on parole or has been imprisoned or released from parole in the immediately preceding 2 years.

(b) The sheriff of the county in which the individual named in the order was last convicted if the individual was incarcerated in a county jail or released from a county jail within the immediately preceding 2 years.

(c) The court that has jurisdiction over the individual named in the order, if the individual named in the order is under the jurisdiction of the family division of the circuit court or has been discharged from the jurisdiction of that court within the immediately preceding 2 years.” MCL 711.1(3) (emphasis added).

15.Prisoner’s or Parolee’s Death

At the written request of “any individual who was a victim of the defendant’s course of conduct that gave rise to the conviction, the sheriff or the [DOC] shall mail to that victim . . . [n]otice that the prisoner, including a parolee, has died.” MCL 780.769(1)(n). Note, however, notification of a parolee’s death is required only if the DOC is aware of the parolee’s death. Id.

B.Juvenile Proceedings

“If a juvenile is ordered to be placed in a juvenile facility or sentenced to probation or to a term of imprisonment, the prosecuting attorney, or the court pursuant to an agreement under [MCL 780.798a47], shall provide the victim with a form the victim may submit to receive the notices from the court, prosecuting attorney, department of health and human services [DHHS], or county juvenile agency, as applicable, provided for under [MCL 780.795a] or [MCL 780.798]. The form must include the address of the court, prosecuting attorney, [DHHS], county juvenile agency, department of corrections [DOC], or the sheriff, as applicable, to which the form may be sent and a statement that the victim may use the address designated by the department of the attorney general to receive notices if the victim is a program participant as that term is defined in [MCL 780.853] of the address confidentiality program act.” MCL 780.791a.

“A victim’s address and telephone number maintained by a sheriff or the [DOC] upon a request for notice under [MCL 780.798] are exempt from disclosure under the [Michigan’s FOIA] . . . MCL 15.231 to [MCL] 15.246, and shall not be released.” MCL 780.798(5).

1.Juvenile’s Earliest Release or Parole Eligibility Date

Within 30 days of “[a] victim’s request, the sheriff or the [DOC] shall mail to the victim . . . notice of the sheriff’s calculation of the juvenile’s earliest release date or the department’s calculation of the juvenile’s earliest parole eligibility, with all potential good time or disciplinary credits considered, if the sentence of imprisonment exceeds 90 days.” MCL 780.798(4)(a).

2.Juvenile’s Transfer

a.Juvenile’s Transfer From One Juvenile Facility to Another

“Upon the victim’s written request, the court or the [DHHS48] or county juvenile agency, as applicable, shall make a good faith effort to notify the victim before . . . [t]he juvenile is transferred from a juvenile facility to any other juvenile facility.” MCL 780.798(1)(b).

“If the court, [the DHHS], or county juvenile agency is not successful in notifying the victim before [the juvenile is transferred], it shall notify the victim as soon as possible after [the transfer] occurs.” MCL 780.798(2).

b.Juvenile’s Transfer to Minimum Security Facility or Release/Transfer to or From Community Status

At the victim’s written request, the sheriff or the DOC must mail to that victim:

“Notice of the juvenile’s transfer or pending transfer to a minimum security facility and the facility's address.” MCL 780.798(4)(b).

“Notice of the juvenile’s release or pending release in a community residential program, under furlough, or any other transfer to community status; any transfer from 1 community residential program or electronic monitoring program to another; or any transfer from a community residential program or electronic monitoring program to a state correctional facility.” MCL 780.798(4)(c).

3.Juvenile’s Escape From Custody

At the victim’s request, “the [DHHS49], county juvenile agency, or [the] court shall give to the victim notice of a juvenile’s escape from a secure detention or treatment facility.” MCL 780.798(3). The notice provided to the victim of the juvenile’s escape must be immediate and “by any means reasonably calculated to give prompt actual notice.” Id. (Emphasis added.)See also MCL 780.798(4)(d), which requires the sheriff or DOC to mail, at the victim’s written request, “[n]otice of the escape of the juvenile accused, convicted, or imprisoned for committing an offense against the victim.” MCL 780.798(4)(d).

To effectuate notice to the victim, MCL 780.798(6)-(8) sets out who must provide notice of an escape:

“(6) As provided in [MCL 780.798(7)] or [MCL 780.798(8)], a victim who requests notice of the escape and the prosecuting attorney who filed the petition alleging the offense for which the juvenile is accused, detained, or under sentence shall be given immediate notice of the juvenile’s escape. The notice shall be given by any means reasonably calculated to give prompt actual notice.

(7) If the escape occurs before the sentence is executed or before the juvenile is delivered to the department of human services, county juvenile agency, sheriff, or the department of corrections, the person in charge of the agency in charge of the juvenile’s detention shall give notice of the escape to the prosecuting attorney, who shall then give notice of the escape to a victim who requested notice.

(8) If the juvenile is confined under sentence, the notice of escape shall be given to the victim and the prosecuting attorney by the chief administrator of the place in which the juvenile is confined.”

4. Review Hearings

a.Parole Review Proceedings

At the victim’s written request, the sheriff or the DOC must mail to that victim:

“Notice of both the following:

(i) The victim’s right to address or submit a written statement for consideration by a parole board member or a member of any other panel having authority over the juvenile’s release on parole during the time the juvenile’s release on parole or commutation of sentencing is being considered.

(ii) To address the parole board and to present exhibits or other photographic or documentary information to the parole board including at a commutation hearing.” MCL 780.798(4)(e).

“Notice of the decision of the parole board, or any other panel having authority over the juvenile’s release on parole, after a parole review.” MCL 780.798(4)(f).

b.Juvenile Review Hearings

“Upon the victim’s request, the prosecuting attorney shall give the victim notice of a review hearing conducted under . . . MCL 712A.18. The victim has the right to make a statement at the hearing or submit a written statement for use at the hearing, or both.” MCL 780.798(9). See also MCR 3.945(A)(1), which provides the crime victim with “a right to make a statement at the [juvenile’s periodic review50] hearing or submit a written statement for use at the hearing, or both.”

For additional information on review hearings conducted under MCL 712A.18, see the Michigan Judicial Institute’s Juvenile Justice Benchbook.

5.Juvenile’s Dismissal From Court Jurisdiction or Discharge From Commitment to DHHS or County Juvenile Agency

“Upon the victim’s written request, the court or the [DHHS51] or county juvenile agency, as applicable, shall make a good faith effort to notify the victim before . . . [t]he juvenile is dismissed from court jurisdiction or discharged from commitment to the [DHHS] or county juvenile agency.” MCL 780.798(1)(a) (emphasis added).

“If the court, [the DHHS], or county juvenile agency is not successful in notifying the victim before [the juvenile is dismissed from court jurisdiction or discharged from commitment to DHHS or the county juvenile agency], it shall notify the victim as soon as possible after [the dismissal or discharge] occurs.” MCL 780.798(2).

6.Juvenile’s Conviction of New Crime

“Upon the victim’s written request, the court or the [DHHS] or county juvenile agency, as applicable, shall make a good faith effort to notify the victim before . . . [t]he juvenile is detained for having committed an act which, if committed by an adult, would be a criminal violation.” MCL 780.798(1)(d) (emphasis added).

7.Prisoner’s Discharge From Prison

At the victim’s written request, the sheriff or the DOC must mail to that victim “[n]otice of the release of a juvenile 90 days before the date of the juvenile's discharge from prison, unless the notice has been otherwise provided under this article.” MCL 780.798(4)(g).

8.Early Termination of Juvenile’s Probation

“If a juvenile is sentenced to probation with a condition for the protection of the victim and if requested by the victim, the court shall notify the victim by mail if the court orders that the probation be terminated earlier than previously ordered.” MCL 780.795a (emphasis added).

9.Juvenile’s Request for Reprieve, Commutation, or Pardon

At the victim’s written request, the sheriff or the DOC must mail to that victim:

“Notice of a public hearing under . . . MCL 791.244, regarding a reprieve, commutation, or pardon of the juvenile’s sentence by the governor.” MCL 780.798(4)(h).

“Notice that a reprieve, commutation, or pardon has been granted or denied upon conclusion of a public hearing.” MCL 780.798(4)(i).

MCL 791.244(2) sets out the required procedures the parole board must follow after receiving a juvenile’s application for reprieve, commutation, or pardon. MCL 791.244(2)(g) specifically requires that “[n]ot fewer than 30 days before conducting the public hearing, [the parole board must] provide written notice of the public hearing by mail to the attorney general, the sentencing trial judge, and the prosecuting attorney, or their successors in office, and each victim who requests notice under [the CVRA].”

MCL 791.244a(2) sets out the required procedures the parole board must follow after receiving the governor’s request to “expedite the review hearing process for a reprieve, commutation, or pardon based in part on a [juvenile’s] medical condition[.]” MCL 791.244a(2)(g) specifically requires that “[n]ot fewer than 30 days before conducting the public hearing, [the parole board must] provide written notice of the public hearing by mail to the attorney general, the sentencing judge, and the prosecuting attorney, or their successors in office, and each victim who requests notice under [the CVRA].”

10.Juvenile’s Name Change

At the victim’s written request, the court, the DHHS, or the county juvenile agency must “make a good faith effort to notify the victim before . . . [t]he juvenile has his or her name legally changed while under the court’s jurisdiction or within 2 years after discharge from the court’s jurisdiction.” MCL 780.798(1)(c) (emphasis added). “If the court, [the DHHS], or county juvenile agency is not successful in notifying the victim before [the juvenile has his or her name legally changed], it shall notify the victim as soon as possible after [the name change] occurs.” MCL 780.798(2).

At the victim’s request and if the juvenile is “on parole or [is] within 2 years after release from parole[,]” the sheriff or the DOC must also mail to the victim “[n]otice that a juvenile has had his or her name legally changed[.]” MCL 780.798(4)(j).

MCL 711.1 sets out the required procedures for issuing name change orders. MCL 711.1(3) specifically requires the court to take the following actions, which help effectuate notice to the victim:

“If the court enters an order to change the name of an individual who has a criminal record, the court shall forward the order to the central records division of the department of state police and to all of the following, as applicable:

(a) The [DOC] if the individual named in the order is in prison or on parole or has been imprisoned or released from parole in the immediately preceding 2 years.

(b) The sheriff of the county in which the individual named in the order was last convicted if the individual was incarcerated in a county jail or released from a county jail within the immediately preceding 2 years.

(c) The court that has jurisdiction over the individual named in the order if the individual named in the order is under the jurisdiction of the family division of the circuit court or has been discharged from the jurisdiction of that court within the immediately preceding 2 years.” MCL 711.1(3) (emphasis added).

11.Juvenile’s or Parolee’s Death

At the victim’s written request, the sheriff or the DOC must mail to that victim “[n]otice that the juvenile, including a parolee, has died.” MCL 780.798(4)(k). Note, however, notification of a parolee’s death is required only if the DOC is aware of the parolee’s death. Id.

C.Misdemeanor and Serious Misdemeanor Cases

“When a defendant is sentenced to probation or a term of imprisonment, the prosecuting attorney shall provide the victim with a form the victim may submit to receive the notices provided for under [MCL 780.828a] or [MCL 780.827b] or [MCL 780.828b]. The form must include the address of the court, prosecuting attorney, or sheriff’s department, as applicable, to which the form may be sent and a statement that the victim may use the address designated by the department of the attorney general to receive notices if the victim is a program participant as that term is defined in [MCL 780.853] of the address confidentiality program act.” MCL 780.828a(2).

“A victim’s address and telephone number maintained by a court or a sheriff pursuant to this article is exempt from disclosure under the [FOIA], . . . MCL 15.231 to [MCL] 15.246[.]” MCL 780.830.

1.Prisoner’s Earliest Release or Parole Eligibility Date

Within 30 days of a “written request of a victim of a serious misdemeanor, the sheriff [under whose jurisdiction the defendant is imprisoned for commission of that serious misdemeanor] shall mail to the victim . . . notice of the sheriff's calculation of the earliest release date of the prisoner, with all potential good time or disciplinary credits considered if the sentence of imprisonment exceeds 90 days. The victim may request [a] 1-time only notice of the calculation described in this subdivision.” MCL 780.828a(1)(a). But see, MCL 780.829(1)-(2), which requires at the victim’s written request, “the sheriff [to] notify the victim of the earliest possible release date of the defendant if the defendant is sentenced to more than 92 days’ imprisonment[, and for t]he victim’s written request for notice under [MCL 780.829] to include the victim’s address.”

2.Prisoner’s Placement on Day Parole or Work Release

“Upon the written request of a victim of a serious misdemeanor, the sheriff [under whose jurisdiction the defendant is imprisoned for commission of that serious misdemeanor] shall mail to the victim . . . [n]otice that the prisoner has been placed on day parole or work release.” MCL 780.828a(1)(c).

3.Defendant’s Escape From Custody

MCL 780.828b sets out the required notification procedures for notification related to a defendant’s escape from custody:”

“(1) As provided in subsection (2) or (3), a victim who requests notice of the escape and the prosecuting attorney who is prosecuting or has prosecuted the serious misdemeanor for which the person is detained or under sentence shall be given immediate notice of the escape of the person accused, convicted, or imprisoned for committing a serious misdemeanor against the victim. The notice shall be given by any means reasonably calculated to give prompt actual notice.

(2) If the escape occurs before the sentence is executed or before the defendant is delivered to the sheriff, the chief law enforcement officer of the agency in charge of the person’s detention shall give notice of the escape to the prosecuting attorney, who shall then give notice of the escape to a victim who requested notice.

(3) If the defendant is confined pursuant to a sentence, the notice shall be given by the chief administrator of the place in which the prisoner is confined.”

4.Early Termination of Defendant’s Probation

With specific exceptions,52 a defendant who has completed one-half of the original . . . misdemeanor probation period, may be eligible for early discharge as provided in MCL 771.2. MCL 771.2(2). If the sentencing court schedules a hearing to determine a probationer’s early discharge, the prosecutor must notify the victim of the date and time of the hearing, and the victim must be given an opportunity to be heard. MCL 771.2(8).

“If a defendant is sentenced to probation with a condition for the protection of the victim and if requested by the victim, the court shall notify the victim by mail if the court orders that the probation be terminated earlier than previously ordered.” MCL 780.827b.

5.Defendant’s Name Change

“Upon the written request of a victim of a serious misdemeanor, the sheriff [under whose jurisdiction the defendant is imprisoned for commission of that serious misdemeanor] shall mail to the victim . . . [n]otice that a prisoner has had his or her name legally changed while imprisoned in the county jail or within 2 years of release from the county jail.” MCL 780.828a(1)(b).

MCL 711.1 sets out the required procedures for issuing name change orders. MCL 711.1(3) specifically requires the court to take the following actions, which help effectuate notice to the victim:

“If the court enters an order to change the name of an individual who has a criminal record, the court shall forward the order to the central records division of the department of state police and to all of the following, as applicable:

(a) The [DOC] if the individual named in the order is in prison or on parole or has been imprisoned or released from parole in the immediately preceding 2 years.

(b) The sheriff of the county in which the individual named in the order was last convicted if the individual was incarcerated in a county jail or released from a county jail within the immediately preceding 2 years.

(c) The court that has jurisdiction over the individual named in the order if the individual named in the order is under the jurisdiction of the family division of the circuit court or has been discharged from the jurisdiction of that court within the immediately preceding 2 years.” MCL 711.1(3) (emphasis added).

42.See MCL 780.851MCL 780.873 for the contents of the address confidentiality program act.

43. MCL 780.764 affords the victim “the right to submit or make a written or oral impact statement to the probation officer for use by that officer in preparing a presentence investigation report [(PSIR)].”

44. MCL 780.771(1) provides the victim with the following rights: “(a) To address or submit a written statement for consideration by a parole board member or a member of any other panel having authority over the prisoner’s release on parole during the time the prisoner’s release on parole or commutation of sentencing is being considered. (b) To address the parole board and to present exhibits or other photographic or documentary information to the parole board including at a commutation hearing.” For a detailed discussion of the crime victim’s rights in parole proceedings, see Section 7.4.

45. For the requirements of releasing from custody a juvenile who is subject to court jurisdiction and for discharging a juvenile from public wardship, see the Youth Rehabilitation Services Act, MCL 803.307. For a discussion on the requirements under MCL 803.307 to release a juvenile from custody or discharge a juvenile from public wardship, see the Michigan Judicial Institute’s Juvenile Justice Benchbook, Chapter 16.

46.See MCL 771.2(10), MCL 771.2a, and MCL 768.36 for exceptions. See the Michigan Judicial Institute’s Criminal Proceedings Benchbook, Volume 2, for information about offenses listed in MCL 771.2(10) for which early discharge from probation is not available.

47. In juvenile delinquency 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[, and] (b) The court performed those functions before [May 1, 1994].” May 1, 1994 is the effective date of 1993 PA 341, which added MCL 780.798a.

48. See the DHHS’s Juvenile Justice Field Services (JJ2), JJ Roles & Responsibilities - Victim Notification JJ2 260, for the procedures set out within the DHHS in fulfilling their statutory obligations of notifying crime victims under the CVRA. The manual is available at http://www.mfia.state.mi.us/OLMWEB/EX/JJ/Public/JJ2/260.pdf.

49. See the DHHS’s Juvenile Justice Field Services (JJ2), JJ Roles & Responsibilities - Victim Notification JJ2 260, for the procedures set out within the DHHS in fulfilling their statutory obligations of notifying crime victims under the CVRA. The procedures manual is available at http://www.mfia.state.mi.us/OLMWEB/EX/JJ/Public/JJ2/260.pdf.

50. MCR 3.945(A)(1) requires the court to “conduct periodic hearings to review the dispositional orders in delinquency cases in which the juvenile has been placed outside the home. Such review hearings must be conducted at intervals designated by the court, or may be requested at any time by a party or by a probation officer or caseworker.” For additional information on dispositional review hearings, see the Michigan Judicial Institute’s Juvenile Justice Benchbook, Chapter 12.

51. See the DHHS’s Juvenile Justice Field Services (JJ2), JJ Roles & Responsibilities - Victim Notification JJ2 260, for the procedures set out within the DHHS in fulfilling their statutory obligations of notifying crime victims under the CVRA. The procedures manual is available at http://www.mfia.state.mi.us/OLMWEB/EX/JJ/Public/JJ2/260.pdf.

52.See MCL 771.2(10), MCL 771.2a, and MCL 768.36 for exceptions. See the Michigan Judicial Institute’s Criminal Proceedings Benchbook, Volume 2, for information about offenses listed in MCL 771.2(10) for which early discharge from probation is not available.