4.16A Crime Victim’s Rights Following Misdemeanor Arraignment

Article 3 of the Crime Victim’s Rights Act (CVRA), MCL 780.751 et seq., assigns certain rights and responsibilities to victims of serious misdemeanors.¹ Although many provisions of Article 3 of the CVRA address a law enforcement agency’s or prosecuting attorney’s obligations, district court magistrate’s may find it helpful to be cognizant of the following CVRA requirements and procedures as early as the arraignment:

•Identifying information about a crime victim. An officer investigating a serious misdemeanor involving a victim must file with the complaint, appearance ticket, or traffic citation a separate written statement containing the name, address, and telephone number of each victim. MCL 780.812. Victim information is not a matter of public record, and statutory law exempts it from disclosure under the Freedom of Information Act (FOIA), MCL 15.231 et seq. MCL 780.812; MCL 780.830.

•Notice required when the defendant pleads guilty or no contest to a serious misdemeanor. Within 48 hours of accepting a defendant’s guilty or no contest plea to a serious misdemeanor, the court must notify the prosecuting attorney of the plea and the date scheduled for sentencing. MCL 780.816(1). The notice must include the name, address, and telephone number of the victim. Id. “The notice is not a public record and is exempt from disclosure under the freedom of information act, [MCL 15.231 to MCL 15.246].” MCL 780.816(1).

•Notice required when no plea to a serious misdemeanor is accepted. Even when no plea is accepted at the arraignment and further proceedings are expected, the court must notify the prosecuting attorney of that fact within 48 hours of the arraignment. MCL 780.816(1).

•Notice requirements in cases involving deferred judgments or delayed sentences. In all cases, the court, the Department of Corrections (DOC), the Department of Health and Human Services (DHHS), a county sheriff, or a prosecuting attorney must provide notice to a victim if the case against the defendant is resolved by assignment of the defendant to trainee status, by a delayed sentence or deferred judgment of guilt, or in another way that is not an acquittal or unconditional dismissal. In performing this duty, the court, DOC, DHHS, county sheriff, or prosecuting attorney may furnish information or records to the victim that would otherwise be closed to public inspection, including information or records related to a defendant’s youthful trainee status. MCL 780.752a; MCL 780.781a; MCL 780.811b(1).² Notice must be mailed to the address provided by the victim, except as otherwise provided in MCL 780.861. If the victim is a program participant of the Address Confidentiality Program,³ the victim may use the address designated by the department of the attorney general. MCL 780.811b(2).

•Prosecutor’s obligation to notify the crime victim. Within 48 hours after receiving notice from the court that at arraignment, a defendant pleaded guilty or no contest to a serious misdemeanor, or that no plea was accepted, the prosecutor must give the crime victim written notice of the statutory rights specified in MCL 780.816(1)(a)-(f).

•Victim impact statements (written). The court may order the preparation of a presentence investigation report (PSIR) in any criminal misdemeanor case. MCL 771.14(1). If a crime victim requests, a written impact statement must be included in the PSIR if one is prepared. MCL 771.14(2)(b). In juvenile delinquency, designated, and serious misdemeanor cases, the victim also has the right to submit an oral or written impact statement if a disposition report or PSIR is prepared. MCL 780.792(1); MCL 780.792(3); MCL 780.824. If no PSIR is prepared in a serious misdemeanor or designated case involving a misdemeanor, the court must notify the prosecuting attorney of the date and time of sentencing at least 10 days before the disposition or sentencing, and the victim may submit a written impact statement to the prosecutor or court. MCL 780.792(2)-(3); MCL 780.825(1).

•Victim impact statements (oral). Before imposing sentence and on the record, the trial court is required to “address any victim of the crime who is present at sentencing or any person the victim has designated to speak on the victim’s behalf and permit the victim or the victim’s designee to make an impact statement.” MCR 6.425(D)(1)(c)(iv); MCR 6.610(G)(1)(c)(iv). A crime victim has the right to appear and make an oral impact statement at the sentencing of the defendant irrespective of whether a presentence report is prepared. MCL 780.825(1). A crime victim also has the right to appear and make an oral impact statement at a juvenile’s disposition or sentencing. MCL 780.793(1). The victim may elect to remotely provide the oral impact statement. MCL 780.793(1); MCL 780.825(1). The defendant or juvenile must be physically present in the courtroom at the time a victim makes an oral impact statement, unless the court has determined, in its discretion, that the defendant or juvenile is behaving in a disruptive manner or presents a threat to the safety of any individuals in the courtroom. MCL 780.793(3); MCL 780.825(2). The court may consider any relevant statement provided by the victim regarding the defendant being physically present during the victim’s oral impact statement when making its determination. MCL 780.793(3); MCL 780.825(2).

•Restitution is required of any defendant convicted of a misdemeanor punishable by not more than one year. Full restitution is not limited to serious misdemeanor convictions. At sentencing for a misdemeanor punishable by imprisonment for one year or less, the court must order the defendant to “make full restitution to any victim of the defendant’s course of conduct that gives rise to the conviction[.]” MCL 780.826(2). See also MCR 6.610(G)(1)(e) (requiring the restitution order to indicate a dollar amount).