7.4Victim Impact Statement at Review Hearings
A.Parole Review Proceedings
For purposes of parole review hearings, “[a] victim has the right to do both of the following:
(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.”23 MCL 780.771(1)(a)-(b).
Note: “A record of an oral statement or written statement made under [MCL 780.771(1)] is exempt from disclosure under [Michigan’s F]reedom of [I]nformation [A]ct [(FOIA]), . . . MCL 15.231 to [MCL] 15.246, and shall not be released.” MCL 780.771(4).
The victim’s right to submit a statement to or address the parole board extends to situations where the parole board is considering granting medical parole for a medically frail prisoner.24 See generally MCL 791.235(18).
The parole board must consider the victim’s statement before deciding whether to grant or deny parole.25 MCL 791.235(1). Any of the following listed individuals may also make an impact statement if the victim “is deceased, is so mentally incapacitated that he or she cannot meaningfully understand or participate in the legal process, or consents to the designation as a victim of the following individuals other than the defendant:
(A) The spouse of the victim.
(B) A child of the victim if the child is 18 years of age or older.
(C) A parent of the victim.
(D) The guardian or custodian of a child of the victim if the child is less than 18 years of age.
(E) A sibling of the victim.
(F) A grandparent of the victim.
(G) A guardian or custodian of the victim if the victim is less than 18 years of age at the time of the commission of the crime and that guardian or custodian is not incarcerated.” MCL 780.752(1)(m)(v).
“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)26] shall be given written notice by the [DOC] informing the victim of the pending review and of victims’ rights under this section. 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). For a discussion on the victim’s right to appeal a parole decision, see Section 7.10.
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.
Any of the following listed individuals may also make an impact statement if the victim “is deceased, is so mentally incapacitated that he or she cannot meaningfully understand or participate in the legal process, or consents to the designation as a victim of the following individuals other than the defendant:
(A) The spouse of the victim.
(B) A child of the victim if the child is 18 years of age or older.
(C) A parent of the victim.
(D) The guardian or custodian of a child of the victim if the child is less than 18 years of age.
(E) A sibling of the victim.
(F) A grandparent of the victim.
(G) A guardian or custodian of the victim if the victim is less than 18 years of age at the time of the commission of the crime and that guardian or custodian is not incarcerated.” MCL 780.752(1)(m)(v).
For a detailed discussion of review hearings conducted under MCL 769.1b, see the Michigan Judicial Institute’s Juvenile Justice Benchbook, Chapter 16.
The prosecuting attorney must, at the victim’s request, provide the victim with “notice of a review hearing conducted under . . . MCL 712A.18.[27]” MCL 780.798(9). “The victim has the right to make a statement at the hearing or submit a written statement for use at the hearing, or both.” Id. See also MCR 3.945(A)(1), which provides the crime victim with “a right to make a statement at the [juvenile’s periodic review28] hearing or submit a written statement for use at the hearing, or both.”
Any of the following listed individuals may also make an impact statement if the victim “is deceased, is so mentally incapacitated that he or she cannot meaningfully understand or participate in the legal process, or consents to the designation as a victim of the following individuals other than the juvenile:
(A) The spouse of the victim.
(B) A child of the victim if the child is 18 years of age or older.
(C) A parent of the victim.
(D) The guardian or custodian of a child of the victim if the child is less than 18 years of age.
(E) A sibling of the victim.
(F) A grandparent of the victim.
(G) A guardian or custodian of the victim if the victim is less than 18 years of age at the time of the commission of the crime and that guardian or custodian is not incarcerated.” MCL 780.781(1)(j)(v).
For additional information on review hearings conducted under MCL 712A.18, see the Michigan Judicial Institute’s Juvenile Justice Benchbook.
D.Early Discharge From Probation
With specific exceptions,29 a defendant who has completed one-half of the original felony or misdemeanor probation period may be eligible for early discharge as provided in MCL 771.2. MCL 771.2(2). Under specific circumstances the sentencing court may grant a probationer early discharge without holding a hearing. MCL 771.2(5). However, if a hearing is held under MCL 771.2(7) to determine whether a probationer’s behavior merits early discharge, the prosecutor must notify the victim of the date and time of the hearing, and the victim’s victim must be given the opportunity to be heard. MCL 771.2(8).
23. At the victim’s written request, the sheriff or the DOC must provide the victim with notice of his or her “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[, and] . . . [of his or her] 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)-(f). For additional discussion of notification requirements in general, see Chapter 5
24. See Section 7.9 for information on a victim’s right to object to medical parole.
25. “The release of a prisoner on parole must be granted solely upon the initiative of the parole board. There is no entitlement to parole.” MCL 791.235(1).
26. At the victim’s request, the sheriff or the DOC must provide the victim with “[n]otice 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).
27. Note that MCL 712A.18 does not contemplate any type of review hearing. However, MCL 712A.18e contemplates review hearings for juveniles who were committed as state wards under MCL 712A.18(1)(e).
28. 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.
29.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.