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Fines and Fees
State Statute Description/Statute Name Statutory language Amount Level of offense Mandatory Imposed by Delegation of authority
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Michigan Mich. Comp. Laws § 256.532 Violation of locking doors act
Any person violating any of the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding 100
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dollars or by imprisonment in the county jail not exceeding 90 days or by both such fine and imprisonment in the discretion of the court.
$0 - $100

Not more than $100 or imprisonment
Misdemeanor No Court N/A
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Michigan Mich. Comp. Laws § 256.635 Driver education
(3) A person who stops operating as a driver education provider or no longer qualifies as a certified driver education provider shall immediately in a format prescribed by the secretary
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of state do all of the following:
$0 - $2000 Misdemeanor No Court N/A
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Michigan Mich. Comp. Laws § 256.637 Driver education instructor certificate
(7) A person who engages or offers to engage in activity as a driver education instructor before being certified by the secretary of state is guilty of a misdemeanor punishable
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by imprisonment for not more than 93 days or a fine of not more than $2,000.00, or both.
$0 - $2000 Misdemeanor No Court N/A
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Michigan Mich. Comp. Laws § 256.649 Driver education criminal history
(5) The secretary of state shall use criminal history record information received under this act only for evaluating an applicant's qualifications . . . A person who uses criminal history
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record information in violation of this subsection is guilty of a misdemeanor punishable by a fine of not more than $10,000.00.
$0 - $10000 Misdemeanor No Court N/A
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Michigan Mich. Comp. Laws § 256.689 Drivers education provider sanctions
(2) After the secretary of state determines that a person, a driver education provider, a driver education instructor, or an applicant for a provider or instructor certificate committed a violation
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listed in subsection (1), the secretary of state may impose upon the person, provider, instructor, or applicant 1 or more of the following sanctions: (c) An administrative fine paid to the secretary of state in an amount not to exceed $1,000.00 for each violation.
$0 - $1000 All No Court N/A
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Michigan Mich. Comp. Laws § 256.699 Drivers education certificate
A person shall not engage in or offer to engage in activity as a driver education provider or a driver education instructor unless the person holds a valid certificate under
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this act. A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $2,000.00, or both. In addition to any other remedies provided by law, the secretary of state may impose an administrative fine of $100.00 for each day the person is found to have engaged in activity as a driver education provider or a driver education instructor without being certified under this act.
$0 - $2000

Not more than $2,000 plus $100 for each day in violation
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Misdemeanor No Court N/A
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Michigan Mich. Comp. Laws § 257.319d Operation of commercial motor vehicle by person with certain alcohol content
(7) A person who violates subsection (4) is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $100.00, or
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both.
$0 - $100

or imprisonment for not more than 90 days or both
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Misdemeanor Yes Court N/A
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Michigan Mich. Comp. Laws § 257.321a(1) Failure to answer citation or notice
A person who fails to answer a citation, or a notice to appear in court for a violation reportable to the secretary of state under section 732 or a local
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ordinance substantially corresponding to a violation of a law of this state reportable to the secretary of state under section 732, or for any matter pending, or who fails to comply with an order or judgment of the court, including, but not limited to, paying all fines, costs, fees, and assessments, is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100.00, or both.
$0 - $100 Misdemeanor No Court N/A
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Michigan Mich. Comp. Laws § 257.321a(5)(a-b) Failure to answer citation or notice - ending suspension
A suspension imposed under subsection (2) or (3) remains in effect until both of the following occur:(a) The secretary of state is notified by each court in which the person
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failed to answer a citation or notice to appear or failed to pay a fine or cost that the person has answered that citation or notice to appear or paid that fine or cost. (b) The person has paid to the court a $45.00 driver license clearance fee for each failure to answer a citation or failure to pay a fine or cost.
$45 All Yes Court N/A
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Michigan Mich. Comp. Laws § 257.321a(8)(a-b) Failure to answer citation or notice - license renewal
(8) The secretary of state, upon being informed of the failure of a person to appear or comply as provided in subsection (7), shall not issue a license to the
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person or renew a license for the person until both of the following occur:(a) The court informs the secretary of state that the person has resolved all outstanding matters regarding the notices or citations. (b) The person has paid to the court a $45.00 driver license clearance fee. If the court determines that the person is responsible for only 1 parking violation under subsection (7)(a) or less than 3 parking violations under subsection (7)(b), or, beginning January 1, 2018, less than 6 parking violations under subsection (7)(b), for which the person's license was not issued or renewed under this subsection, the court may waive payment of the fee.
$45 All Yes Court N/A
Poverty Penalties and Poverty Traps
State Statute Description/Statute Name Statutory language Type of poverty penalty or poverty trap Level of offense Mandatory
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Michigan Mich. Comp. Laws § 774.28 Neglecting to pay fine or costs; action by county treasurer; neglecting to pay over fine to county treasurer as misdemeanor; punishment; judge to keep exact record of proceedings; liability.
(1) If a person who has received a fine or costs or any part of a fine or costs, neglects to pay the money pursuant to section 22 or 26
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of this chapter, the county treasurer immediately shall commence an action for the unpaid amount, in the name of the people of this state, and shall prosecute the case diligently to effect. (2) A person who neglects to pay over a fine to the county treasurer within 60 days after receiving the fine, is guilty of a misdemeanor and shall be punished by a fine of not less than $50.00 nor more than $100.00, or imprisonment for not less than 30 nor more than 90 days, or both.
Increased fine All Yes
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Michigan Mich. Comp. Laws § 769.1(k) Wage assignment The court may require the defendant to pay any fine, cost, or assessment ordered to be paid under this section by wage assignment. Wage/bank account garnishment All No
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Michigan Mich. Comp. Laws § 769.1a(11) Payment of restitution as condition of sentence, parole, or probation
If the defendant is placed on probation or paroled or the court imposes a conditional sentence under section 3 of this chapter, any restitution ordered under this section shall be
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a condition of that probation, parole, or sentence. The court may revoke probation or impose imprisonment under the conditional sentence and the parole board may revoke parole if the defendant fails to comply with the order and if the defendant has not made a good faith effort to comply with the order. In determining whether to revoke probation or parole or impose imprisonment, the court or parole board shall consider the defendant's employment status, earning ability, and financial resources, the willfulness of the defendant's failure to pay, and any other special circumstances that may have a bearing on the defendant's ability to pay.
Incarceration All No
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Michigan Mich. Comp. Laws § 780.73 Credit for incarceration on bailable offense
Any person incarcerated on a bailable offense who does not supply bail and against whom a fine is levied on conviction of such offense shall be allowed a credit of
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$5.00 for each day so incarcerated prior to conviction except that in no case shall the amount so allowed or credited exceed the amount of the fine.
Incarceration All Yes
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Michigan Mich. Comp. Laws § 769.3(1) Conditional sentence
(1) If a person is convicted of an offense punishable by a fine or imprisonment, or both, the court may impose a conditional sentence and order the person to pay
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a fine, with or without the costs of prosecution, and restitution . . . within a limited time stated in the sentence and, in default of payment, sentence the person as provided by law.
Incarceration All No
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Michigan Mich. Comp. Laws § 769.3(2) Conditional sentence - installments
(2) Except for a person who is convicted of criminal sexual conduct in the first or third degree, the court may also place the offender on probation with the condition
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that the offender pay a fine, costs, damages, restitution, or any combination in installments with any limited time and may, upon default in any of those payments, impose sentence as provided by law.
Payment plan/installment plan All No
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Michigan Mich. Comp. Laws § 600.4803 Failure to pay as subject to late penalty
A person who fails to pay a penalty, fee, or costs in full within 56 days after that amount is due and owing is subject to a late penalty equal
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to 20% of the amount owed. The court shall inform a person subject to a penalty, fee, or costs that the late penalty will be applied to any amount that continues to be unpaid 56 days after the amount is due and owing. . . . A late penalty may be waived by the court upon the request of the person subject to the late penalty.
Collection fee/interest All No
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Michigan Mich. Comp. Laws § 780.830a Deductions and payments
(1) If a defendant who has been sentenced to jail is ordered to pay restitution under section 76, and if the defendant receives more than $50.00 in a month, the
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sheriff may deduct 50% of the amount over $50.00 received by the defendant for payment of the restitution, and 5% of the amount over $50.00 received by the defendant to be retained by the sheriff as an administrative fee. The sheriff shall promptly send the money deducted for restitution to the court or to the crime victim as provided in the order of restitution when it accumulates to an amount that exceeds $100.00, or when the defendant is released to probation or discharged on the maximum sentence.
Wage/bank account garnishment All No
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Michigan Mich. Comp. Laws § 780.796(b)(1)-(3) Deductions and payments - juvenile
(1) If a juvenile who has been sentenced to the department of corrections is ordered to pay restitution under section 44, and if the juvenile receives more than $50.00 in
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a month, the department of corrections shall deduct 50% of the amount over $50.00 received by the juvenile for payment of the restitution. The department of corrections shall promptly send the deducted money to the court or to the crime victim as provided in the order of restitution when it accumulates to an amount that exceeds $100.00, or when the juvenile is paroled, transferred to community programs, or discharged on the maximum sentence. (2) If a juvenile who has been sentenced to jail is ordered to pay restitution under section 44, and if the juvenile receives more than $50.00 in a month, the sheriff may deduct 50% of the amount over $50.00 received by the juvenile for payment of the restitution, and 5% of the amount over $50.00 received by the juvenile to be retained by the sheriff as an administrative fee. The sheriff shall promptly send the money deducted for restitution to the court or to the crime victim as provided in the order of restitution when it accumulates to an amount that exceeds $100.00, or when the juvenile is released to probation or discharged on the maximum sentence. (3) If a juvenile who has been placed in a juvenile facility is ordered to pay restitution under section 44, and if the juvenile receives more than $50.00 in a month, the department of human services or the county juvenile agency, as applicable, may deduct 50% of the amount over $50.00 received by the juvenile for payment of the restitution. The department of human services or the county juvenile agency, as applicable, shall promptly send the deducted money to the court or to the crime victim as provided in the order of restitution when it accumulates to an amount that exceeds $100.00, or when the juvenile is released from the juvenile facility.
Wage/bank account garnishment All Yes
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Michigan Mich. Comp. Laws § 769.2 Sentence - solitary confinement or hard labor
Whenever any person shall be lawfully sentenced by any court to imprisonment in the state prison or in any county jail, it shall be competent for the court awarding the
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sentence, to incorporate therein a provision that the person so sentenced shall be kept in solitary confinement or at hard labor, or both, during the term of such imprisonment, or any specific portion thereof.
All No
Ability to Pay
State Statute Description/Statute Name Statutory language Level of offense Definition of ability to pay Timeline Burden of proof Method of determination Mandatory Remedies if unable to pay
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Michigan Mich. Comp. Laws § 772.6 Failure to pay recognizance
If the person so ordered to recognize refuses or neglects to provide that recognizance, the court shall commit the person to the county jail during the period for which security
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was required, or until the person provides that recognizance. A person shall not be incarcerated for failure to pay the recognizance unless the court conducts a hearing and determines that the person has the resources to pay the recognizance and has not made a good faith effort to do so. In determining whether to incarcerate the person, the court shall also consider the person's employment status, earning ability, and financial resources; the willfulness of the person's failure to pay the recognizance; and any other special circumstances that may have a bearing on the person's ability to pay the recognizance. The court shall state in the warrant the cause of commitment with the sum and the time for which the security was required.
All

the person has the resources to pay the recognizance and has not made a good faith effort to do so

At enforcement of fine or fee Not provided for Determined by judge after hearing No

none

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Michigan Mich. Comp. Laws § 257.908(1)-(4) Default as civil contempt; penalty
If a defendant defaults in the payment of a civil fine, costs, or both, or of any installment, as ordered pursuant to section 907(2), the court, upon the motion of
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the plaintiff or upon its own motion, may require the defendant to show cause why the default should not be treated as in civil contempt and may issue a summons or order to show cause or a bench warrant of arrest for the defendant's appearance. . . . If it appears that the default in the payment of a civil fine or costs does not constitute civil contempt, the court may enter an order allowing the defendant additional time for payment, reducing the amount of payment or of each installment, or revoking the fine or costs or the unpaid portion thereof in whole or in part. . .
Traffic

"default was not attributable to an intentional refusal to obey the order of the court or to a failure on his or her part to make a good faith effort

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to obtain the funds required for payment"

At enforcement of fine or fee Burden on defendant to show inability to pay Determined by judge after hearing No

allowing the defendant additional time for payment, reducing the amount of payment or of each installment, or revoking the fine or costs or the unpaid portion thereof in whole or

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in part

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Michigan Mich. Comp. Laws § 600.8729(1)-(4) Payment of fine, default as civil contempt
If a defendant defaults in the payment of a civil fine, costs, assessment, or, if applicable, damages or expenses as provided in section 8733(2) if applicable, or any installment, as
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ordered pursuant to section 8727, the court, upon the motion of the plaintiff or upon its own motion, may require the defendant to show cause why the defendant should not be held in civil contempt and may issue a summons, an order to show cause, or a bench warrant of arrest for the defendant's appearance. . . . If it appears that the default in the payment of a fine, costs, assessment, or damages or expenses does not constitute civil contempt, the court may enter an order allowing the defendant additional time for payment, reducing the amount of payment or of each installment, or revoking the fine, costs, assessment, or damages or expenses.
All

"the default was not attributable to an intentional refusal to obey the order of the court or to a failure on his or her part to make a good faith

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effort to obtain the funds required for payment"

At enforcement of fine or fee Burden on defendant to show inability to pay Determined by judge after hearing No

allowing the defendant additional time for payment, reducing the amount of payment or of each installment, or revoking the fine, costs, assessment, or damages or expense

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Michigan Mich. Comp. Laws § 791.225a Projected income and financial resources
(3) In determining the amount of the fee, the department shall consider the offender's projected income and financial resources. . . . (6) If a person has not paid the
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full amount of a supervision fee upon being discharged from probation, or upon termination of the period of delayed sentence for a person subject to delayed sentence, the department shall review and compare the actual income of the person during the period of probation or delayed sentence with the income amount projected when the supervision fee was ordered. If the department determines that the person's actual income did not equal or exceed the projected income, the department shall waive any unpaid amount in excess of the total amount that the person would have been ordered to pay if the person's income had been accurately projected, unless the court order states that a higher amount was ordered due to available assets or other financial resources.
All Not provided for Not provided for Not provided for Administrative decision Yes

Not specified

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Michigan Mich. Comp. Laws § 780.794(11) Juvenile probation
(11) If the juvenile is placed on probation, any restitution ordered under this section shall be a condition of that probation. The court may revoke probation if the juvenile fails
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to comply with the order and if the juvenile has not made a good faith effort to comply with the order. In determining whether to revoke probation, the court shall consider the juvenile's employment status, earning ability, and financial resources, the willfulness of the juvenile's failure to pay, and any other special circumstances that may have a bearing on the juvenile's ability to pay.
All Not provided for Not provided for Not provided for Other No

Modification of the amount or method of payment

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Michigan Mich. Comp. Laws § 780.794(12) Juvenile probation
(12) Subject to subsection (18), a juvenile who is required to pay restitution and who is not in willful default of the payment of the restitution may at any time
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petition the court to modify the method of payment. If the court determines that payment under the order will impose a manifest hardship on the juvenile or his or her immediate family, and if the court also determines that modifying the method of payment will not impose a manifest hardship on the victim, the court may modify the method of payment.
All Not provided for Not provided for Not provided for Other Yes

Not specified

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Michigan Mich. Comp. Laws § 780.794(14) Juvenile probation
(14) Notwithstanding any other provision of this section, a juvenile shall not be detained or imprisoned for a violation of probation or parole or otherwise for failure to pay restitution
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as ordered under this section unless the court determines that the juvenile has the resources to pay the ordered restitution and has not made a good faith effort to do so.
All Not provided for Not provided for Not provided for Other Yes

Not specified

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Michigan Mich. Comp. Laws § 780.794(15) Juvenile probation
(15) If the court determines that the juvenile is or will be unable to pay all of the restitution ordered, after notice to the juvenile's parent or parents and an
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opportunity for the parent or parents to be heard, the court may order the parent or parents having supervisory responsibility for the juvenile at the time of the acts upon which an order of restitution is based to pay any portion of the restitution ordered that is outstanding. . .
All Not provided for Not provided for Not provided for Other Yes

Not specified

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Michigan Mich. Comp. Laws § 780.794(16) Juvenile probation
(16) If the court orders a parent to pay restitution under subsection (15), the court shall take into account the parent's financial resources and the burden that the payment of
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restitution will impose
All Not provided for Not provided for Not provided for Other Yes

Not specified

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Michigan Mich. Comp. Laws § 780.794(17) Juvenile probation
(17) A parent who has been ordered to pay restitution under subsection (15) may petition the court for a modification of the amount of restitution owed by the parent or
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for a cancellation of any unpaid portion of the parent's obligation. The court shall cancel all or part of the parent's obligation due if the court determines that payment of the amount due will impose a manifest hardship on the parent and if the court also determines that modifying the method of payment will not impose a manifest hardship on the victim.
All Not provided for Not provided for Not provided for Other Yes

Not specified

Transparency
State Statute Description/Statute Name Statutory language Type of obligation Actor
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Michigan 600.4845(1) Money from fines and penalties
The county treasurer shall credit all fines for the violation of the penal laws to the library fund and all other penalties to the general fund; and he shall account
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therefor to the board of supervisors annually.
Obligation to report/conduct analysis County
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Michigan Mich. Comp. Laws § 769.1k(8) Imposition of fine, cost, or assessment; availability of information to defendant; reports; nonpayment of costs.
If the court imposes any cost under subsection (1)(b)(iii), no later than March 31 of each year the clerk of the court shall transmit a report to the state court
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administrative office in a manner prescribed by the state court administrative office that contains all of the following information for the previous calendar year:
Obligation to report/conduct analysis All courts
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Michigan Mich. Comp. Laws § 769.1a(16) Order of restitution
If a defendant who is ordered to pay restitution under this section is remanded to the jurisdiction of the department of corrections, the court shall provide a copy of the
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order of restitution to the department of corrections when the defendant is ordered remanded to the department's jurisdiction.
Obligation to collect or record All courts
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Michigan Mich. Comp. Laws § 600.1211(3) Admission to veteran's treatment court
Each veterans treatment court shall report quarterly to the state court administrative office on the funds received and expended by that veterans treatment court in a manner prescribed by the
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state court administrative office.
Obligation to collect or record Other
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Michigan Mich. Comp. Laws § 780.830a(2) Deductions and payments The sheriff shall notify the defendant and the court in writing of all deductions and payments made under this section Obligation to collect or record County
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Michigan Mich. Comp. Laws § 780.796b(4) Deductions and payments - juveniles
he department of corrections, sheriff, department of human services, or county juvenile agency, as applicable, shall notify the juvenile and the court in writing of all deductions and payments made
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under this section. 
Obligation to collect or record Other
Collections Infrastructure
State Statute Description/Statute Name Statutory language Who may collect
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Michigan Mich. Comp. Laws § 600.4841 Collections;  payment to county treasurer
(1) All officers or other persons who collect or receive any moneys on account of any penalty shall pay over the same to the county treasurer on or before the
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last day of the month following. (2) Upon learning that any person has neglected to pay over such moneys within such time, the county treasurer shall proceed in the circuit court for the county to collect such moneys.
All
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Michigan Mich. Comp. Laws § 12.133 Agreement;  provisions
An agreement entered into under this act shall provide for at least all of the following: (a) Assignment to the state for collection by the department of amounts that have been
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due and owing the court for not less than 180 days, including, but not limited to, any or all of the following: (i) Fees, including reinstatement fees. (ii) Fines. (iii) Forfeitures. (iv) Penalties and costs assessed for criminal offenses, including the costs of prosecution and providing court-ordered legal assistance to the defendant. (v) Penalties and costs assessed for civil infractions, civil violations, and parking violations. (vi) Penalties and costs assessed for ordinance violations. (vii) Forfeited recognizances. (viii) Late penalties assessed pursuant to section 4803 of the revised judicature act of 1961, Act No. 236 of the Public Acts of 1961, being section 600.4803 of the Michigan Compiled Laws. (b) Provision of the information necessary for the department to identify, locate, and collect delinquent accounts. (c) Accounting for, settlement of, and transmission to the court of money collected pursuant to the agreement. (d) Collection of a fee by the state treasurer to recoup costs associated with the collection services.
State/statewide agency
Revenue Flow
State Statute Description/Statute Name Statutory language Who receives the funding Other beneficiaries Level of offense
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Michigan Mich. Comp. Laws § Sec. 774.26 Fines and costs.
All fines and costs imposed by a municipal court, for a violation of state law shall be received by the court and paid over to the county treasurer on or
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before the last day of the month following receipt of the fine or costs. The county treasurer shall reimburse the municipal court for the court's lawful fees within 15 days after auditing pursuant to law, and the fines shall be distributed as prescribed by law.
Municipal court N/A All
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Michigan Mich. Comp. Laws § Sec. 775.22 Allocation and application of money collected; “victim payment” defined.
(2) Except as otherwise provided in this subsection, if a person is subject to payment of victim payments and any combination of other fines, costs, assessments, probation or parole supervision
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fees, or other payments, 50% of all money collected from that person shall be applied to payment of victim payments, and the balance shall be applied to payment of fines, costs, supervision fees, and other assessments or payments. If any fines, costs, supervision fees, or other assessments or payments remain unpaid after all of the victim payments have been paid, any additional money collected shall be applied to payment of those fines, costs, supervision fees, or other assessments or payments. If any victim payments remain unpaid after all of the fines, costs, supervision fees, or other assessments or payments have been paid, any additional money collected shall be applied toward payment of those victim payments.
Other All courts All
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Michigan Mich. Comp. Laws § 600.4803(3)-(4) Failure to pay as subject to late penalty
(2) Within 30 days after receiving a late penalty, the clerk of the court shall transmit the amount received to the treasurer or chief financial officer of the funding unit
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of the court, for deposit in the general fund of the funding unit. (3) As used in this section, “funding unit” means 1 of the following as applicable (a) For the circuit court, each county in the circuit. (b) For the recorder's court of the city of Detroit, the county.(c) For the district court, the district funding unit of the district, as defined in section 8104. (d) For a municipal court, the political unit where the municipal court is located.
Other N/A All
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Michigan Mich. Comp. Laws § 600.4841 Payment to county treasurer
All officers or other persons who collect or receive any moneys on account of any penalty shall pay over the same to the county treasurer on or before the last
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day of the month following.
County N/A All
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Michigan Mich. Comp. Laws § 600.4845 Monies from fines and penalties
The county treasurer shall credit all fines for the violation of the penal laws to the library fund and all other penalties to the general fund; and he shall account
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therefor to the board of supervisors annually.
County N/A All
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Michigan Mich. Comp. Laws § 769.1j Court ordered fines, costs, or assessments;  amount;  disposition
On the last day of each month, the clerk of the court shall transmit the minimum state cost or portions of minimum state cost collected under this section to the
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department of treasury for deposit in the justice system fund created in section 181 of the revised judicature act of 1961, 1961 PA 236, Mich. Comp. Laws § 600.181.
Other N/A Felony, Misdemeanor
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Michigan Mich. Comp. Laws § 780.905(4) Assessment amounts, time of payment, use;  clerk of court duties
(4) Except as otherwise provided under this act, an assessment under this section shall be used to pay for crime victim's rights services. . . . (6) If a person
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is subject to any combination of fines, costs, restitution, assessments, or payments arising out of the same criminal or juvenile proceeding, money collected from that person for the payment of fines, costs, restitution, assessments, or other payments shall be allocated as provided in section 22 of chapter XV of the code of criminal procedure, 1927 PA 175, Mich. Comp. Laws § 775.22, or section 29 of chapter XIIA of the probate code of 1939, 1939 PA 288, Mich. Comp. Laws § 712A.29.
State/statewide agency Victims of crimes All
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Michigan Mich. Comp. Laws § 780.905(7)(a) Assessment amounts, time of payment, use;  clerk of court duties
(4) Except as otherwise provided under this act, an assessment under this section shall be used to pay for crime victim's rights services. (7) The clerk of the court shall
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do both of the following on the last day of each month: (a) Transmit 90% of the assessments received under this section to the department of treasury with a written report of those assessments as the department of treasury prescribes. To provide funding for costs incurred under this section and for providing crime victim's rights services, the court may retain 10% of the assessments received under this section and transmit that amount to the court's funding unit.
State/statewide agency Victims of crimes All
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Michigan Mich. Comp. Laws § 791.225a Delayed sentence orders or orders of probation;  supervision fees;  collection, time of payment, waiver for transferees;  payment records;  reduction or suspension of fees;  allocation of money;  waiver of unpaid amounts
(5) Twenty percent of the money collected by the department under this section shall be allocated for administrative costs incurred by the department in collecting supervision fees and for enhanced
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services, as described in this subsection. Enhanced services include, but are not limited to, the purchase of services for offenders such as counseling, employment training, employment placement, or education; public transportation expenses related to training, counseling, or employment; enhancement of staff performance through specialized training and equipment purchase; and purchase of items for offender employment. The department shall develop priorities for expending the money for enhanced services in consultation with circuit judges in this state. At the end of each fiscal year, the unexpended balance of the money allocated for administrative costs and enhanced services shall be available for carryforward to be used for the purposes described in this subsection in subsequent fiscal years.
Supervision agency N/A All
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Michigan Mich. Comp. Laws § 791.236a(5) Order of parole;  parole supervision fee;  determination of amount due, time of payment;  reduction or suspension of fee;  allocation of money;  waiver of unpaid amounts
(1) In determining the amount of the fee, the parole board shall consider the parolee's projected income and financial resources. . . . (6) If a parolee has not paid
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the full amount of the parole supervision fee upon being discharged from parole, the department shall review and compare the actual income of the person during the period of parole with the income amount projected when the parole supervision fee was ordered. If the department determines that the parolee's actual income did not equal or exceed the projected income, the department shall waive any unpaid amount in excess of the total amount that the parolee would have been ordered to pay if the parolee's income had been accurately projected, unless the parole order states that a higher amount was ordered due to available assets or other financial resources.
Supervision agency N/A All
Court Rules
State Citation Description/Statute Name Language from the rule When does the rule apply?
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Michigan Mich. Court R. 1.11 Time of payment Fines, costs, and other financial obligations imposed by the court must be paid at the time of assessment, except when the court allows otherwise, for good cause shown. Fines and fees
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Michigan Mich. Court R. 6.905(D) Costs assessed
(D) Cost. The court may assess cost of legal representation, or part thereof, against the juvenile or against a person responsible for the support of the juvenile, or both. The
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order assessing cost shall not be binding on a person responsible for the support of the juvenile unless an opportunity for a hearing has been given and until a copy of the order is served on the person, personally or by first class mail to the person's last known address.
Fines and fees
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Michigan Mich. Court R. 3.605 Collection of penalties
(B) Parties. The civil action for a pecuniary penalty incurred for the violation of an ordinance of a city or village must be brought in the name of the city
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or village. Other actions to recover penalties must be brought in the name of the people of the State of Michigan. (C) Judgment on Penalty. In an action against a party liable for a penalty, judgment may be rendered directly against the party and in favor of the other party on motion and showing that the condition has occurred giving rise to the penalty. This subrule does not apply to forfeited civil recognizances under MCR 3.604 or to forfeited criminal recognizances under MCL 765.28. (D) Remission of Penalty. An application for the remission of a penalty, including a bond forfeiture, may be made to the judge who imposed the penalty or ordered the forfeiture. The application may not be heard until reasonable notice has been given to the prosecuting attorney (or municipal attorney) and he or she has had an opportunity to examine the matter and prepare to resist the application. The application may not be granted without payment of the costs and expenses incurred in the proceedings for the collection of the penalty. (E) Duty of Clerk When Fine Without Order for Commitment; Duty of Prosecutor. When a fine is imposed by a court on a person, without an order for the immediate commitment of the person until the fine is paid, the clerk of the court shall deliver a copy of the order imposing the fine to the prosecuting attorney of the county in which the court is held, or the municipal attorney in the case of a fine that is payable to a municipality. The prosecuting attorney (or municipal attorney) shall obtain execution to collect the fine.
Fines and fees
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Michigan Mich. Court R. 6.425(E)(3)(a)-(c) Incarceration for Nonpayment.
(a) The court shall not sentence a defendant to a term of incarceration, nor revoke probation, for failure to comply with an order to pay money unless the court finds,
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on the record, that the defendant is able to comply with the order without manifest hardship and that the defendant has not made a good faith effort to comply with the order.(b) Payment Alternatives. If the court finds that a defendant is unable to comply with an order to pay money without manifest hardship, the court may impose a payment alternative, such as a payment plan, modification of any existing payment plan, or waiver of part or all of the amount of money owed to the extent permitted by law.(c) Determining manifest hardship. The court shall consider the following criteria in determining manifest hardship: (i) Defendant’s employment status and history. (ii) Defendant’s employability and earning ability. (iii) The willfulness of the defendant’s failure to pay. (iv) Defendant’s financial resources. (v) Defendant’s basic living expenses, including but not limited to food, shelter, clothing, necessary medical expenses, or child support. (vi) Any other special circumstances that may have bearing on the defendant’s ability to pay.
Ability to pay
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Michigan Mich. Court R. 1.111(f)(5) Language interpreters If a party is financially able to pay for interpretation costs, the court may order the party to reimburse the court for all or a portion of interpretation costs. Fines and fees
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Michigan Mich. Court R. 8.106(E) Fee for bad checks NSF Checks. A court may assess costs for reasonable expenses incurred for checks returned to the court due to insufficient funds. Fines and fees
Structure of Courts
State Statute Description/Statute Name Statutory language Court/legal body Function
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Michigan Michigan State Constitution Article VI Sec. 10 Michigan State Constitution Article VI Sec. 10 The jurisdiction of the court of appeals shall be provided by law and the practice and procedure therein shall be prescribed by rules of the supreme court. Jurisdiction of the courts
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Michigan Michigan State Constitution Article VI Sec. 13 Michigan State Constitution Article VI Sec. 13
The circuit court shall have original jurisdiction in all matters not prohibited by law; appellate jurisdiction from all inferior courts and tribunals except as otherwise provided by law; power to
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issue, hear and determine prerogative and remedial writs; supervisory and general control over inferior courts and tribunals within their respective jurisdictions in accordance with rules of the supreme court; and jurisdiction of other cases and matters as provided by rules of the supreme court.
Jurisdiction of the courts
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Michigan Michigan State Constitution Article VI Sec. 15 Michigan State Constitution Article VI Sec. 15
In each county organized for judicial purposes there shall be a probate court. The legislature may create or alter probate court districts of more than one county if approved in
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each affected county by a majority of the electors voting on the question. The legislature may provide for the combination of the office of probate judge with any judicial office of limited jurisdiction within a county with supplemental salary as provided by law. The jurisdiction, powers and duties of the probate court and of the judges thereof shall be provided by law. They shall have original jurisdiction in all cases of juvenile delinquents and dependents, except as otherwise provided by law.
Jurisdiction of the courts
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Michigan Michigan State Constitution Article VI Sec. 1 Michigan State Constitution Article VI Sec. 1
The judicial power of the state is vested exclusively in one court of justice which shall be divided into one supreme court, one court of appeals, one trial court of
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general jurisdiction known as the circuit court, one probate court, and courts of limited jurisdiction . . .
Jurisdiction of the courts
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Michigan Michigan State Constitution Article VI Sec. 1 Michigan State Constitution Article VI Sec. 1
The judicial power of the state is vested exclusively in one court of justice which shall be divided into one supreme court . . . and courts of limited jurisdiction
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that the legislature may establish by a two-thirds vote of the members elected to and serving in each house.
Creation of the courts
Case Law
State Citation Question Brief Answer Language from the opinion When does the case apply?
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Michigan People v. Jackson, 483 Mich. 271, 769 N.W.2d 630 (2009)
Under state constitutional or statutory law, what are the minimum requirements for a constitutionally adequate ability-to-pay determination? Include any guidance about the substantive standards to apply, the burden of proof,
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the sources of information that should be considered, and the timing of the determination (i.e. before imposition, before enforcement action, only if incarceration is threatened).
Defendant is not entitled to an assessment of ability to pay fee for court-appointed attorney until the imposition of the fee is enforced
Indeed, whenever a trial court attempts to enforce its imposition of a fee for a court-appointed attorney under MCL 769.1k, the defendant must be advised of this enforcement action and
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be given an opportunity to contest the enforcement on the basis of his indigency. Thus, trial courts should not entertain defendants' ability-to-pay-based challenges to the imposition of fees until enforcement of that imposition has begun. . . . The operative question for any such evaluation will be whether a defendant **643 is indigent and unable to pay at that time or whether forced payment would work a manifest hardship on the defendant at that time.
Ability to pay
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Michigan People v. Cunningham, 496 Mich. 145, 147, 852 N.W.2d 118, 120 (2014) Imposing costs beyond those specified in statute
The authority to impose criminal costs is statutory. Statute stating that if defendant is guilty, court may impose any cost in addition to the minimum state cost, does not provide
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courts with the independent authority to impose any costs upon defendants, and instead, statute provides courts with authority to impose only those costs that the Legislature has separately authorized by statute.
“The right of the court to impose costs in a criminal case is statutory.” . . . . Thus, courts may impose costs in criminal cases only where such costs
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are authorized by statute. In a variety of circumstances, the Legislature has chosen to provide courts with the authority to impose costs. For instance, with regard to certain offenses, courts may require criminal defendants to pay the “costs of prosecution.” . . . we conclude that MCL 769.1k (1)(b)(ii ) does not provide courts with the independent authority to impose “any cost.” Instead, we hold that MCL 769.1k(1)(b)(ii ) provides courts with the authority to impose only those costs that the Legislature has separately authorized by statute.
Attorney General Opinions
State Citation Description/Statute Name Question Brief answer Language from the opinion When does the case apply?
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Michigan Mich. Op. Att'y Gen. (1998) Opinion No. 6995 Michigan-Attorney General opinion Other applicable opinions
A prosecutor is not authorized by law to require a criminal defendant to pay costs as a condition for reducing or dismissing criminal charges pending against the defendant. A court
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may, however, when sentencing a convicted defendant, impose such costs as are permitted by statute, including those permissible costs agreed to between the prosecutor and the defendant as part of a plea bargain.
Criminal prosecutions are governed by the Michigan Code of Criminal Procedure (Code), 1927 PA 175, MCL 760.1 et seq; MSA 28.841 et seq. The Code, at Chapter XI, MCL 771.1
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et seq; MSA 28.1131 et seq, authorizes the imposition of costs in criminal cases. If a defendant has been found guilty, and if it appears to the satisfaction of the court that the defendant is an appropriate candidate, the court may place the defendant on probation. Section 1. As a condition of probation, the court may require the defendant to pay costs. Section 3(2)(c). Such costs, however, are limited to expenses specifically incurred in prosecuting the defendant, in providing legal assistance to the defendant, and in providing probation supervision of the defendant. Section 3(4).
Fines and fees
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Michigan Mich. Op. Att'y Gen. (2008) Opinion No. 7217 Michigan-Attorney General opinion The use of funds from criminal fines and assessments are restricted by provisions of the Michigan State Constitution.
However, the Legislature should be aware of the limitations imposed by Const 1963, art 8, § 9, which requires that fines assessed for any breach of the penal laws be
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used to support libraries. If excess revenue in the Crime Victim's Rights Fund is used for purposes other than to enforce and pay for the crime victim rights enumerated in art 1, § 24, the use could face scrutiny to determine if the assessments conflict with art 8, § 9 or other constitutional provisions. . . . Therefore, to the extent that the Legislature intends to authorize uses of the Fund to pay for the constitutionally enumerated crime victim's rights, it must consider whether each proposed use is within the language of art 1, § 24, given the principles of constitutional construction that guide the Court.
Fines and fees