Modification of a personal recognizance bond; MCR 6.106(D) & (E)

In an order in lieu of granting leave to appeal a Court of Appeals order denying a motion to review bail, the court held that the trial court abused its discretion in modifying “defendant’s bond without explaining its reasoning.” The court vacated the trial court’s modification of defendant’s bond, reinstated her original $5.000 personal recognizance bond, and remanded the case to the trial court. It noted that, under MCR 6.106(E), when “a court orders money bail, it must state ‘reasons . . . on the record’ as to why ‘the defendant’s appearance or the protection of the public cannot otherwise be assured . . . .’” In addition, under MCR 6.106(D), pretrial conditions may only be imposed “if the court finds that personal recognizance ‘will not reasonably ensure the appearance of the defendant as required, or will not reasonably ensure the safety of the public . . . .’” The trial court here modified “defendant’s bail from a $5,000 personal recognizance bond to a $25,000 cash bond with a weekly drug testing condition without any explanation for why the modification was reasonably necessary to ensure the defendant’s appearance or to protect the public.”

Dissenting, Justice Viviano (joined by Justice Zahra) would deny leave. “One of defendant’s bond conditions was that defendant ‘not violate any law or commit any crime.’” But she violated this condition when she tested “positive for marijuana. Due to her age, she was not legally entitled to possess or use recreational marijuana,” and nothing in the record indicated that she had “a valid medical marijuana card. By violating Michigan law, defendant violated the conditions of her pretrial release.”