Rule 6.441 - Early Probation Discharge(A) Eligibility. Except as otherwise provided in statute, a probationer is eligible for early discharge from probation when the probationer has completed half of the original probationary period and all required programming. The court must notify the probationer at the time of sentencing, either orally or in writing, about the probationer's early probation discharge eligibility and the notice process contained in this rule.(B) Notice of Eligibility. The probation department may file notice with the sentencing court when a probationer becomes eligible for early probation discharge. The notice must be served on the prosecuting attorney and probationer. If the probation department does not file the notice, and the probationer has not violated probation within the last 3 months, the probationer may file the notice with the sentencing court and serve copies to the prosecuting attorney and probation department. The prosecuting attorney must file any written objection to early probation discharge within 14 days of receiving service of the notice.(C) Case Review. Upon receiving notice under subrule (B), the court must conduct a preliminary review of the case to determine whether the probationer's behavior warrants a reduction in the original probationary term. A court must not deny early discharge because of outstanding court-ordered fines, fees, or costs, if the probationer has an inability to pay and has made good-faith efforts to make payments. Before granting early discharge to a probationer who owes outstanding restitution, the court must consider the impact of early discharge on the victim and the payment of outstanding restitution.(D) Discharge Without a Hearing. Except as provided in subrule (E), the court must discharge a probationer from probation, without a hearing, if the prosecutor does not submit a timely objection and the court's review in subrule (C) determines the probationer(1) is eligible for early probation discharge;(2) achieved all the rehabilitation goals of probation; and(3) is not a specific, articulable, and ongoing risk of harm to a victim that can only be mitigated with continued probation supervision. If the probationer owes outstanding restitution but has made a good-faith effort to make payments, the court may retain the probationer on probation up to the maximum allowable probation term with the sole condition of continuing restitution payments.
(E) Hearing Requirement. The court must hold a hearing after conducting the review in subrule (C) if (1) the prosecutor submits a timely objection, or(2) a circumstance identified in MCL 771.2(7) is applicable,(3) or the court reviewed the case and does not grant an early discharge or retain the probationer on probation with the sole condition of continuing restitution payment. If the hearing is held pursuant to MCL 771.2(7), the prosecuting attorney shall notify the victim of the date and time of the hearing. Both the probationer and victim, if applicable, must be given an opportunity to be heard at the hearing.
(F) Discharge After Hearing. Upon the conclusion of the hearing, the court must either grant early discharge or, if applicable, retain the probationer on probation with the sole condition of continuing restitution payments, if the probationer proves by a preponderance of the evidence that he or she(1) is eligible for early probation discharge;(2) achieved all the rehabilitation goals of probation; and(3) is not a specific, articulable, and ongoing risk of harm to a victim that can only be mitigated with continued probation supervision.(G) Impact on Sentencing. The eligibility for early probation discharge under this rule must not influence the court's sentencing decision regarding the length of the original probationary period.(H) Motions. This rule does not prohibit a defendant from motioning, a probation officer from recommending, or the court from considering, a probationer for early discharge from probation at the court's discretion at any time during the duration of the probation term.