Mich. Comp. Laws § 777.56

Relationship to criminal justice system.

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THE CODE OF CRIMINAL PROCEDURE


Act 175 of 1927


777.56 Relationship to criminal justice system.

Sec. 56.

    (1) Prior record variable 6 is relationship to the criminal justice system. Score prior record variable 6 by determining which of the following apply and by assigning the number of points attributable to the one that has the highest number of points:

    

    (a) The offender is a prisoner of the department of corrections or serving a sentence in jail

    20 points

    (b) The offender is incarcerated in jail awaiting adjudication or sentencing on a conviction or probation violation

    15 points

    (c) The offender is on parole, probation, or delayed sentence status or on bond awaiting adjudication or sentencing for a felony

    10 points

    (d) The offender is on probation or delayed sentence status or on bond awaiting adjudication or sentencing for a misdemeanor

    5 points

    (e) The offender has no relationship to the criminal justice system

    0 points

    (2) Score the appropriate points under this section if the offender is involved with the criminal justice system in another state or United States.

    (3) As used in this section:

    (a) "Delayed sentence status" includes, but is not limited to, an individual assigned or deferred under any of the following:

    (i) Section 7411 of the public health code, 1978 PA 368, MCL 333.7411.

    (ii) Section 1076(4) of the revised judicature act of 1961, 1961 PA 236, MCL 600.1076.

    (iii) Section 350a of the Michigan penal code, 1931 PA 328, MCL 750.350a.

    (iv) Section 430 of the Michigan penal code, 1931 PA 328, MCL 750.430.

    (v) Sections 11 to 15 of chapter II.

    (vi) Section 4a of chapter IX.

    (b) "Prisoner of the department of corrections or serving a sentence in jail" includes an individual who is an escapee.

    

History: Add. 1998, Act 317, Eff. Dec. 15, 1998 ;-- Am. 2004, Act 220, Eff. Jan. 1, 2005

Notes of Decisions
Cited in 59 cases (19 in the last 5 years), 2006–2026 · leading case: People v. Johnson
People v. Johnson (2011) michctapp · cites it 11× “MCL 777.56. MCL 777.56(1)(d) (emphasis added).”
People v. Lockridge (2015) mich · cites it 2× “55(1)(d) for Prior Record Variable 5 for having two prior misdemeanor convictions or prior misdemeanor juvenile adjudications, and 5 points under MCL 777.56(1)(d) for Prior Record Variable 6 for being on probation during the instant offense.”
People v. Gibbs (2013) michctapp · cites it 3× “” MCL 777.56(1). The sentencing court must assess 5 points if “[t]he offender is on probation or delayed sentence status or on bond awaiting adjudication or sentencing for a misdemeanor[.”
People v. Anderson (2012) michctapp · cites it 3× “PRIOR RECORD VARIABLE 6 Defendant argues that the trial court erred by assessing 10 points for prior record variable (PRY) 6, *181 MCL 777.56. He contends that zero points should have been assessed for PRV 6.”
People v. Petri (2008) michctapp “51(1)(b), and a score of 10 points for PRV 6 reflected that defendant was on probation, MCL 777.56(1)(c). A score of 10 points each for OV 4 and OV 10 reflected that the victim suffered serious psychological injury requiring professional treatment, MCL 777.”
People v. Billings (2009) michctapp · cites it 2× “Shively next argues that PRV 6, MCL 777.56, was improperly scored at 10 points because there was no evidence in the record that he was on parole, probation, or awaiting sentence at the time of the offense.”
People v. Young (2007) michctapp “In addition, under MCL 777.56, the trial court is to score points based on the defendant’s current relationship to the criminal justice system, including whether the defendant was out on bail while awaiting adjudication or sentencing for a different offense when he or she…”
People v. Endres (2006) michctapp “MCL 777.56(1)(d) provides that five points are to be scored if “[t]he offender is on probation or delayed sentence status or on bond awaiting adjudication or sentencing for a misdemeanor [.”
People v. Young (2007) michctapp “In addition, under MCL 777.56, the trial court is to score points based on the defendant's current relationship to the criminal justice system, including whether the defendant was out on bail while awaiting adjudication or sentencing for a different offense when he or she…”
People of Michigan v. Bobby Maurice Cochran (2016) michctapp · cites it 4× “” MCL 777.56(1). The trial court assessed 10 points under PRV 6 indicating that, at the time of the offense, defendant was “on parole, probation, or delayed sentence status or on bond awaiting adjudication or sentencing for a felony.”
People of Michigan v. Jalen Rashaad Conner (2016) michctapp · cites it 3× “” MCL 777.56(1). Five points must be assessed when “[t]he offender is on probation or delayed sentence status or on bond awaiting adjudication or sentencing for a misdemeanor,” MCL 777.”
People of Michigan v. Marvin Massey (2019) michctapp · cites it 3× “” MCL 777.56(1). “Under PRV 6, the trial court assesses points on the basis of the defendant’s relationship to the criminal justice system when he or she committed the sentencing offense.”
— Mich. Comp. Laws § 777.56(1) — 10 cases
People v. Johnson (2011) michctapp “MCL 777.56. MCL 777.56(1)(d) (emphasis added).”
People v. Gibbs (2013) michctapp “” MCL 777.56(1). The sentencing court must assess 5 points if “[t]he offender is on probation or delayed sentence status or on bond awaiting adjudication or sentencing for a misdemeanor[.”
People of Michigan v. Jalen Rashaad Conner (2016) michctapp “” MCL 777.56(1). Five points must be assessed when “[t]he offender is on probation or delayed sentence status or on bond awaiting adjudication or sentencing for a misdemeanor,” MCL 777.”
People of Michigan v. Bobby Maurice Cochran (2016) michctapp “” MCL 777.56(1). The trial court assessed 10 points under PRV 6 indicating that, at the time of the offense, defendant was “on parole, probation, or delayed sentence status or on bond awaiting adjudication or sentencing for a felony.”
People of Michigan v. Marvin Massey (2019) michctapp “” MCL 777.56(1). “Under PRV 6, the trial court assesses points on the basis of the defendant’s relationship to the criminal justice system when he or she committed the sentencing offense.”
— Mich. Comp. Laws § 777.56(1)(a) — 1 case
— Mich. Comp. Laws § 777.56(1)(b) — 2 cases
— Mich. Comp. Laws § 777.56(1)(c) — 17 cases
People v. Petri (2008) michctapp “51(1)(b), and a score of 10 points for PRV 6 reflected that defendant was on probation, MCL 777.56(1)(c). A score of 10 points each for OV 4 and OV 10 reflected that the victim suffered serious psychological injury requiring professional treatment, MCL 777.”
— Mich. Comp. Laws § 777.56(1)(d) — 17 cases
People v. Johnson (2011) michctapp “MCL 777.56. MCL 777.56(1)(d) (emphasis added).”
People v. Lockridge (2015) mich “55(1)(d) for Prior Record Variable 5 for having two prior misdemeanor convictions or prior misdemeanor juvenile adjudications, and 5 points under MCL 777.56(1)(d) for Prior Record Variable 6 for being on probation during the instant offense.”
People v. Gibbs (2013) michctapp “” MCL 777.56(1). The sentencing court must assess 5 points if “[t]he offender is on probation or delayed sentence status or on bond awaiting adjudication or sentencing for a misdemeanor[.”
People v. Endres (2006) michctapp “MCL 777.56(1)(d) provides that five points are to be scored if “[t]he offender is on probation or delayed sentence status or on bond awaiting adjudication or sentencing for a misdemeanor [.”
People of Michigan v. Jalen Rashaad Conner (2016) michctapp “” MCL 777.56(1). Five points must be assessed when “[t]he offender is on probation or delayed sentence status or on bond awaiting adjudication or sentencing for a misdemeanor,” MCL 777.”
— Mich. Comp. Laws § 777.56(1)(e) — 6 cases
People v. Gibbs (2013) michctapp “” MCL 777.56(1). The sentencing court must assess 5 points if “[t]he offender is on probation or delayed sentence status or on bond awaiting adjudication or sentencing for a misdemeanor[.”
People v. Johnson (2011) michctapp “MCL 777.56. MCL 777.56(1)(d) (emphasis added).”
People of Michigan v. Jalen Rashaad Conner (2016) michctapp “” MCL 777.56(1). Five points must be assessed when “[t]he offender is on probation or delayed sentence status or on bond awaiting adjudication or sentencing for a misdemeanor,” MCL 777.”
People of Michigan v. Bobby Maurice Cochran (2016) michctapp “” MCL 777.56(1). The trial court assessed 10 points under PRV 6 indicating that, at the time of the offense, defendant was “on parole, probation, or delayed sentence status or on bond awaiting adjudication or sentencing for a felony.”
— Mich. Comp. Laws § 777.56(2) — 1 case
— Mich. Comp. Laws § 777.56(c) — 2 cases
People v. Billings (2009) michctapp “Shively next argues that PRV 6, MCL 777.56, was improperly scored at 10 points because there was no evidence in the record that he was on parole, probation, or awaiting sentence at the time of the offense.”
— Mich. Comp. Laws § 777.56(l)(c) — 1 case
People v. Anderson (2012) michctapp “PRIOR RECORD VARIABLE 6 Defendant argues that the trial court erred by assessing 10 points for prior record variable (PRY) 6, *181 MCL 777.56. He contends that zero points should have been assessed for PRV 6.”
— Mich. Comp. Laws § 777.56(l)(d) — 1 case
People v. Lockridge (2015) mich “55(1)(d) for Prior Record Variable 5 for having two prior misdemeanor convictions or prior misdemeanor juvenile adjudications, and 5 points under MCL 777.56(1)(d) for Prior Record Variable 6 for being on probation during the instant offense.”
— Mich. Comp. Laws § 777.56(l)(e) — 1 case
People v. Anderson (2012) michctapp “PRIOR RECORD VARIABLE 6 Defendant argues that the trial court erred by assessing 10 points for prior record variable (PRY) 6, *181 MCL 777.56. He contends that zero points should have been assessed for PRV 6.”
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