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Probation Conditions

Posted in COVID19-Category.

"In addition to giving consideration to other obligations imposed by law, trial courts are urged to take into careful consideration public health factors arising out of the present state of emergency . . . in determining any conditions of probation[.]" Administrative Order No. 2020-1, which is in effect "until further order of the Court." Administrative Order No. 2020-12.

In the context of pretrial release conditions (similarly addressed in AO 2020-1), the Michigan Supreme Court vacated a trial court's order “that denied the defendant’s emergency motion to modify bail,” and held that “[t]he trial court abused its discretion by failing to give adequate consideration to Administrative Order No. 2020-1 (issued March 15, 2020), which directs courts to consider the public health factors arising out of the present public health emergency to mitigate the spread of COVID-19,” because “[t]he record [did] not support the trial court’s conclusory determination that the defendant [was] likely to fail to appear for future proceedings; nor [did] it establish that he pose[d] a danger to the public if granted pretrial release.” People v Chandler, ___ Mich ___, ___ (2020). This order may be instructive as it relates to determining probation conditions while AO 2020-1 is in effect.

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