§ 750.451cIndividual as victim of human trafficking violation; applicability of subsection

(2); deferred proceedings; determination of court; violation of term or condition of
 probation; adjudication of guilt; circumstances; discharge and dismissal; proceedings
 open to public; record; nonpublic record; "human trafficking violation" defined.
 Sec. 451c.



                                                                   Michigan Compiled Laws Complete Through PA 91 of 2026
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    (1) This section applies only if the violation described in subsection (2) was committed as a
 direct result of the individual being a victim of a human trafficking violation.
    (2) When an individual pleads guilty to, or is found guilty of, a violation of section 448,
 449, 450, or 462 or a local ordinance substantially corresponding to section 448, 449, 450, or
 462, the court, without entering a judgment of guilt and with the consent of the accused and of
 the prosecuting attorney, may defer further proceedings and place the accused on probation as
 provided in this section. However, before deferring proceedings under this subsection, the
 court shall determine whether the accused has met the conditions described in subsection (1)
 as follows:
    (a) The accused bears the burden of proving to the court by a preponderance of the evidence
 that the violation was a direct result of his or her being a victim of human trafficking.
    (b) To prove that he or she is a victim of human trafficking, the accused shall state under
 oath that he or she meets the conditions described in subsection (1) with facts supporting his or
 her claim that the violation was a direct result of being a victim of human trafficking.
    (3) Upon a violation of a term or condition of probation, the court may enter an adjudication
 of guilt and proceed as otherwise provided in this chapter.
    (4) An order of probation entered under subsection (2) may include any condition of
 probation authorized under section 3 of chapter XI of the code of criminal procedure, 1927 PA
 175, MCL 771.3, including, but not limited to, requiring the accused to participate in a
 mandatory counseling program. The court may order the accused to pay the reasonable costs
 of the mandatory counseling program. The court also may order the accused to participate in a
 drug treatment court under chapter 10A of the revised judicature act of 1961, 1961 PA 236,
 MCL 600.1060 to 600.1084. The court may order the defendant to be imprisoned for not more
 than 93 days at a time or at intervals, which may be consecutive or nonconsecutive and within
 the period of probation, as the court determines. However, the period of imprisonment must
 not exceed the maximum period of imprisonment authorized for the offense if the maximum
 period is less than 93 days. The court may permit day parole as authorized under 1962 PA 60,
 MCL 801.251 to 801.258. The court may permit a work or school release from jail.
    (5) The court shall enter an adjudication of guilt and proceed as otherwise provided in this
 chapter if any of the following circumstances exist:
    (a) The accused commits a violation of section 448, 449, 450, or 462 or a local ordinance
 substantially corresponding to section 448, 449, 450, or 462 during the period of probation.
    (b) The accused violates an order of the court that he or she receive counseling regarding his
 or her violent behavior.
    (c) The accused violates an order of the court that he or she have no contact with a named
 individual.
    (6) Upon fulfillment of the terms and conditions, the court shall discharge the person and
 dismiss the proceedings against the person. Discharge and dismissal under this section must be
 without adjudication of guilt and is not a conviction for purposes of this section or for
 purposes of disqualifications or disabilities imposed by law upon conviction of a crime.
    (7) All court proceedings under this section must be open to the public. Except as provided
 in subsection (8), if the record of proceedings as to the defendant is deferred under this
 section, the record of proceedings during the period of deferral must be closed to public
 inspection.
    (8) Unless the court enters a judgment of guilt under this section, the department of state
 police shall retain a nonpublic record of the arrest, court proceedings, and disposition of the
 criminal charge under this section. However, the nonpublic record must be open to the
 following individuals and entities for the purposes noted:


                                                              Michigan Compiled Laws Complete Through PA 91 of 2026
Rendered Sunday, September 6, 2026         Page 368 of 465                             Courtesy of legislature.mi.gov

    (a) The courts of this state, law enforcement personnel, the department of corrections, and
 prosecuting attorneys for use only in the performance of their duties or to determine whether
 an employee of the court, law enforcement agency, department of corrections, or prosecutor's
 office has violated his or her conditions of employment or whether an applicant meets criteria
 for employment with the court, law enforcement agency, department of corrections, or
 prosecutor's office.
    (b) Prosecuting attorneys for informing consent under subsection (2).
    (c) The department of health and human services for enforcing child protection laws and
 vulnerable adult protection laws or ascertaining the preemployment criminal history of any
 individual who will be engaged in the enforcement of child protection laws or vulnerable adult
 protection laws.
    (9) As used in this section, "human trafficking violation" means a violation of chapter
 LXVIIA.