CRIME VICTIMS RIGHTS SERVICES
Act 196 of 1989
780.905 Payment and use of assessments; order; duties of clerk of court.
Sec. 5.
(1) The court shall order each person charged with an offense that is a felony, misdemeanor, or ordinance violation that is resolved by conviction, assignment of the defendant to youthful trainee status, a delayed sentence or deferred entry of judgment of guilt, or in another way that is not an acquittal or unconditional dismissal, to pay an assessment as follows:
(a) If the offense is a felony, $130.00.
(b) If the offense is a misdemeanor or ordinance violation, $75.00.
(2) The court shall order a defendant to pay only 1 assessment under subsection (1) per criminal case. Payment of the assessment shall be a condition of a probation order entered under chapter XI of the code of criminal procedure, 1927 PA 175, MCL 771.1 to 771.14a, or a parole order entered under section 36 of the corrections code of 1953, 1953 PA 232, MCL 791.236.
(3) The court shall order each juvenile for whom the court enters an order of disposition for a juvenile offense to pay an assessment of $25.00. The court shall order a juvenile to pay only 1 assessment under this subsection per case.
(4) Except as otherwise provided under this act, an assessment under this section shall be used to pay for crime victim's rights services.
(5) If a defendant ordered to pay an assessment under this act posted a cash bond or bail deposit in connection with the case, the court shall order the assessment collected out of that bond or deposit as provided in section 15 of chapter V and section 22 of chapter XV of the code of criminal procedure, 1927 PA 175, MCL 765.15 and 775.22, or section 6 or 7 of 1966 PA 257, MCL 780.66 and 780.67.
(6) If a person 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, MCL 775.22, or section 29 of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.29.
(7) The clerk of the court shall 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.
(b) Transmit a written report to the department on a form the department prescribes containing all of the following information for that month:
(i) The name of the court.
(ii) The total number of criminal convictions or dispositions for offenses that if committed by an adult would be criminal obtained in that court.
(iii) The total number of defendants or juveniles against whom an assessment was imposed by that court.
(iv) The total amount of assessments imposed by that court.
(v) The total amount of assessments collected by that court.
(vi) Other information required by the department.
History: 1989, Act 196, Eff. Oct. 30, 1989 ;-- Am. 1993, Act 345, Eff. May 1, 1994 ;-- Am. 1996, Act 344, Imd. Eff. June 27, 1996 ;-- Am. 1996, Act 520, Imd. Eff. Jan. 13, 1996 ;-- Am. 2005, Act 315, Eff. Jan. 1, 2006 ;-- Am. 2010, Act 281, Imd. Eff. Dec. 16, 2010 ;-- Am. 2011, Act 294, Eff. Apr. 1, 2012
Notes of Decisions
Cited in
27
cases (
9 in the last 5 years), 1993–2025 · leading case:
People v. Earl, 845 N.W.2d 721 (Mich. 2014).
People v. Earl, 845 N.W.2d 721 (Mich. 2014).
· cites it 4× “At the time defendant committed the offenses, MCL 780.905 required that all defendants found guilty of a felony pay a $60 crime victim’s rights assessment.”
Jones v. Dep't of Corr., 664 N.W.2d 717 (Mich. 2003).
· cites it 4× “196 of the Public Acts of 1989, being section 780.905 of the Michigan Compiled Laws, as a condition of parole may have his or her parole revoked by the parole board if the parolee fails to comply with the order and if the parolee has not made a good faith effort to comply with…”
People v. Earl, 822 N.W.2d 271 (Mich. Ct. App. 2012).
· cites it 2× “We held that “the Legislature’s decision to assess convicted felons the same amount to fund the services is not arbitrary or irrational, considering services provided to victims of felonies are provided without regard to the seriousness of the offense.”
People v. Konopka (On Remand), 869 N.W.2d 651 (Mich. Ct. App. 2015).
“MCL 780.905(l)(a)-(b). 11 As in Earl , the third and fifth factors are not useful in the ex post facto analysis before this Court in the instant case.”
People v. Johnson, 534 N.W.2d 255 (Mich. Ct. App. 1995).
“e that the probationer shall (1) not violate any criminal law of this state or any ordinance of any state municipality, (2) not leave the state without the consent of the court, (3) report to the probation officer, (4) pay a probation supervision fee if convicted of a felony,…”
People v. Matthews, 508 N.W.2d 173 (Mich. Ct. App. 1993).
“On appeal, defendant challenges the validity of the statute that authorizes the court to order him to pay $30 to the crime victim rights fund, MCL 780.905; MSA 28.1287(905). The crux of defendant’s argument appears to be that the $30 assessment constitutes a tax and is…”
in Re Taylor Anne Killich (Mich. Ct. App. 2017).
· cites it 11× “18(12) stated that if a court entered an order of disposition for a juvenile offense, the court “shall order” the juvenile to pay a statutory assessment defined under MCL 780.905, which in respondent’s case was a fee of $130.”
People of Michigan v. Preston Philmore Carter (Mich. Ct. App. 2025).
· cites it 4× “Defendant also challenges the $130 assessment under MCL 780.905(1) which is part of the Crime Victim’s Rights Act, and provides, in relevant part: The court shall order each person charged with an offense that is a felony, misdemeanor, or ordinance violation that is resolved by…”
People of Michigan v. Tofeek Saeed (Mich. Ct. App. 2025).
· cites it 3× “1k(b)(iii), and the imposition of a crime victims fund assessment under MCL 780.905. “A statute challenged on constitutional grounds is presumed to be constitutional and will be construed as such unless its unconstitutionality is clearly apparent.”
People v. Jones, 300 Mich. App. 652 (Mich. Ct. App. 2013).
· cites it 5× “Const 1963, art 1, § 24(3) (“The legislature may provide for an assessment against convicted defendants to pay for crime victims’ rights.”
People of Michigan v. Andre Lee Smith (Mich. Ct. App. 2018).
· cites it 2× “MCL 780.905(1) authorizes courts to assess defendants convicted of felonies a $130 crime victim’s assessment fee, and MCL 771.”
— Mich. Comp. Laws § 780.905(1) — 6 cases
People v. Earl, 845 N.W.2d 721 (Mich. 2014).
“At the time defendant committed the offenses, MCL 780.905 required that all defendants found guilty of a felony pay a $60 crime victim’s rights assessment.”
People of Michigan v. Andre Lee Smith (Mich. Ct. App. 2018).
“MCL 780.905(1) authorizes courts to assess defendants convicted of felonies a $130 crime victim’s assessment fee, and MCL 771.”
People v. Jones, 300 Mich. App. 652 (Mich. Ct. App. 2013).
“Const 1963, art 1, § 24(3) (“The legislature may provide for an assessment against convicted defendants to pay for crime victims’ rights.”
in Re Taylor Anne Killich (Mich. Ct. App. 2017).
“18(12) stated that if a court entered an order of disposition for a juvenile offense, the court “shall order” the juvenile to pay a statutory assessment defined under MCL 780.905, which in respondent’s case was a fee of $130.”
— Mich. Comp. Laws § 780.905(1)(a) — 13 cases
in Re Taylor Anne Killich (Mich. Ct. App. 2017).
“18(12) stated that if a court entered an order of disposition for a juvenile offense, the court “shall order” the juvenile to pay a statutory assessment defined under MCL 780.905, which in respondent’s case was a fee of $130.”
People of Michigan v. Preston Philmore Carter (Mich. Ct. App. 2025).
“Defendant also challenges the $130 assessment under MCL 780.905(1) which is part of the Crime Victim’s Rights Act, and provides, in relevant part: The court shall order each person charged with an offense that is a felony, misdemeanor, or ordinance violation that is resolved by…”
— Mich. Comp. Laws § 780.905(2) — 4 cases
People v. Earl, 845 N.W.2d 721 (Mich. 2014).
“At the time defendant committed the offenses, MCL 780.905 required that all defendants found guilty of a felony pay a $60 crime victim’s rights assessment.”
in Re Taylor Anne Killich (Mich. Ct. App. 2017).
“18(12) stated that if a court entered an order of disposition for a juvenile offense, the court “shall order” the juvenile to pay a statutory assessment defined under MCL 780.905, which in respondent’s case was a fee of $130.”
— Mich. Comp. Laws § 780.905(3) — 1 case
in Re Taylor Anne Killich (Mich. Ct. App. 2017).
“18(12) stated that if a court entered an order of disposition for a juvenile offense, the court “shall order” the juvenile to pay a statutory assessment defined under MCL 780.905, which in respondent’s case was a fee of $130.”
— Mich. Comp. Laws § 780.905(4) — 3 cases
in Re Taylor Anne Killich (Mich. Ct. App. 2017).
“18(12) stated that if a court entered an order of disposition for a juvenile offense, the court “shall order” the juvenile to pay a statutory assessment defined under MCL 780.905, which in respondent’s case was a fee of $130.”
People of Michigan v. Preston Philmore Carter (Mich. Ct. App. 2025).
“Defendant also challenges the $130 assessment under MCL 780.905(1) which is part of the Crime Victim’s Rights Act, and provides, in relevant part: The court shall order each person charged with an offense that is a felony, misdemeanor, or ordinance violation that is resolved by…”
— Mich. Comp. Laws § 780.905(l)(a) — 2 cases
People v. Konopka (On Remand), 869 N.W.2d 651 (Mich. Ct. App. 2015).
“MCL 780.905(l)(a)-(b). 11 As in Earl , the third and fifth factors are not useful in the ex post facto analysis before this Court in the instant case.”
People v. Earl, 822 N.W.2d 271 (Mich. Ct. App. 2012).
“We held that “the Legislature’s decision to assess convicted felons the same amount to fund the services is not arbitrary or irrational, considering services provided to victims of felonies are provided without regard to the seriousness of the offense.”
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