Chapters 760 to 777. Code of Criminal Procedure. Chapter 765. Code of Criminal Procedure – Bail. 765.6b. Release of defendant subject to protective conditions. (6) If a defendant who is charged with a crime involving domestic violence is released under this section, the judge or district court magistrate may order the defendant to carry or wear a global positioning system device as a condition of release. With the informed consent of the victim, the court may also order the defendant to provide the victim of the charged crime with an electronic receptor device capable of receiving the global positioning system information from the device carried or worn by the defendant that notifies the victim if the defendant is located within a proximity to the victim as determined by the judge or district court magistrate in consultation with the victim. The victim shall also be furnished with a telephone contact with the local law enforcement agency to request immediate assistance if the defendant is located within that proximity to the victim. In addition, the victim may provide the court with a list of areas from which he or she would like the defendant excluded. The court shall consider the victim’s request and shall determine which areas the defendant shall be prohibited from accessing. The court shall instruct the global positioning monitoring system to notify the proper authorities if the defendant violates the order. In determining whether to order a defendant to participate in global positioning system monitoring, the court shall consider the likelihood that the defendant’s participation in global positioning system monitoring will deter the defendant from seeking to kill, physically injure, stalk, or otherwise threaten the victim prior to trial. The victim may request the court to terminate the victim’s participation in global positioning system monitoring of the defendant at any time. The court shall not impose sanctions on the victim for refusing to participate in global positioning system monitoring under this subsection. A defendant described in this subsection shall only be released under this section if he or she agrees to pay the cost of the device and any monitoring of the device as a condition of release or to perform community service work in lieu of paying that cost. As used in this subsection:
(a) “Domestic violence” means that term as defined in section 1 of 1978 PA 389, MCL 400.1501.
(b) “Global positioning monitoring system” means a system that electronically determines and reports the location of an individual by means of an ankle bracelet transmitter or similar device worn by the individual that transmits latitude and longitude data to monitoring authorities through global positioning satellite technology but does not contain or operate any global positioning system technology or radio frequency identification technology or similar technology that is implanted in or otherwise invades or violates the corporeal body of the individual.
(c) “Informed consent” means that the victim was given information concerning all of the following before consenting to participate in global positioning system monitoring:
(i) The victim’s right to refuse to participate in global positioning system monitoring and the process for requesting the court to terminate the victim’s participation after it has been ordered.
(ii) The manner in which the global positioning system monitoring technology functions and the risks and limitations of that technology, and the extent to which the system will track and record the victim’s location and movements.
(iii) The boundaries imposed on the defendant during the global positioning system monitoring.
(iv) Sanctions that the court may impose on the defendant for violating an order issued under this subsection.
(v) The procedure that the victim is to follow if the defendant violates an order issued under this subsection or if global positioning system equipment fails.
(vi) Identification of support services available to assist the victim to develop a safety plan to use if the court’s order issued under this subsection is violated or if global positioning system equipment fails.
(vii) Identification of community services available to assist the victim in obtaining shelter, counseling, education, child care, legal representation, and other help in addressing the consequences and effects of domestic violence.
(viii) The nonconfidential nature of the victim’s communications with the court concerning global positioning system monitoring and the restrictions to be imposed upon the defendant’s movements.
Michigan Secretary of the Senate
State Capitol, Room S5
PO Box 30036
Lansing, Michigan 48909
House: (517) 373-2400
Senate: (517) 373-9635
Michigan Clerk of the House
Michigan Coalition to End Domestic and Sexual Violence
3893 Okemos Rd., Suite B2
Okemos, MI 48864
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