October 17, 2006
  ADM File No. 2006-03
  Proposed Amendment of
  Rule 6.106 of the 
  Michigan Court Rules
                   
  
  On order of the Court, this is to advise that the Court is considering an amendment of
  Rule 6.106 of the Michigan Court Rules. Before determining whether the proposal should be
  adopted, changed before adoption, or rejected, this notice is given to afford interested persons
  the opportunity to comment on the form or the merits of the proposal or to suggest alternatives.
  The Court welcomes the views of all. This matter will be considered at a public hearing. The
  notices and agendas for public hearings are posted on the Court's website at
  www.courts.michigan.gov/supremecourt.
  
       Publication of this proposal does not mean that the Court will issue an order on the
  subject, nor does it imply probable adoption of the proposal in its present form.
  
         

                              
  
  Rule 6.106  Pretrial Release
  
  (A)-(H)[Unchanged.]
  
       (I)  Termination of Release Order. 
  
            (1)  If the conditions of the release order are met and the defendant is discharged
            from all obligations in the case, the court must vacate the release order,
            discharge anyone who has posted bail or bond, and return the cash (or its
            equivalent) posted in the full amount of the bail, or, if there has been a deposit
            of 10 percent of the full bail amount, return 90 percent of the deposited money
            and retain 10 percent. 
       
            (2)  If the defendant has failed to comply with the conditions of release, the court
            may issue a warrant for the arrest of the defendant and enter an order revoking
            the release order and declaring the bail money deposited or the surety bond, if
            any, forfeited. 
       
                 (a)  The court must mail notice of any revocation order immediately to the
                 defendant at the defendant's last known address and, if forfeiture of bail
                 or bond has been ordered, to anyone who posted bail or bond. 
            
                 (b)  If the defendant does not appear and surrender to the court within 28
                 days after the revocation date[ or does not within the period satisfy
                 the court that there was compliance with the conditions of release or
                 that compliance was impossible through no fault of the defendant],
                 the court may continue the revocation order and enter judgment for the
                 state or local unit of government against the defendant and anyone who
                 posted bail or bond for an amount not to exceed the full amount of the
                 bail, and costs of the court proceedings, or if a surety bond
                 was posted an amount not to exceed the full amount of the surety
                 bond[, and costs of the court proceedings]. If the amount of a
                 forfeited surety bond is less than the full amount of the bail, the
                 defendant shall continue to be liable to the court for the difference,
                 unless otherwise ordered by the court. 
            
                 (c)  The 10 percent bail deposit made under subrule (E)(1)(a)(ii)[B] must
                 be applied to the costs and, if any remains, to the balance of the
                 judgment. The amount applied to the judgment must be transferred to
                 the county treasury for a circuit court case, to the treasuries of the
                 governments contributing to the district control unit for a district court
                 case, or to the treasury of the appropriate municipal government for a
                 municipal court case. The balance of the judgment may be enforced
                 and collected as a judgment entered in a civil case. 
            
            (3)  If money was deposited on a bail or bond executed by the defendant, the
            money must be first applied to the amount of any fine, costs, or statutory
            assessments imposed and any balance returned, subject to subrule (I)(1). 
  
       Staff comment:  This proposed amendment would clarify that bail agents
  would be liable only for the appearance of a defendant, and not for compliance with conditions
  imposed by the court as part of a conditional release pursuant to MCR 6.106.  The proposed
  amendment also would prohibit a court from entering a judgment that includes the costs of the
  proceeding against a surety.  MCL 765.28 limits judgment against the surety to an amount not
  more than the full amount of the surety bond.
  
       The staff comment is not an authoritative construction by the Court.
  
       A copy of this order will be given to the Secretary of the State Bar and to the State
  Court Administrator so that they can make the notifications specified in MCR 1.201. 
  Comments on these proposals may be sent to the Supreme Court Clerk in writing or
  electronically by February 1, 2007, at P.O. Box 30052, Lansing, MI  48909, or 
  MSC_clerk@courts.mi.gov.  When filing a comment, please refer to ADM File No. 2006-03. 
  Your comments and the comments of others will be posted at
  www.courts.mi.gov/supremecourt/resources/administrative/index.htm.