Bill Text: MI HB4165 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Crime victims; notices; notification to victims of violent crimes if offender is considered for placement to a special alternative incarceration unit; expand. Amends sec. 34a of 1953 PA 232 (MCL 791.234a).
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2015-02-11 - Printed Bill Filed 02/11/2015 [HB4165 Detail]
Download: Michigan-2015-HB4165-Introduced.html
HOUSE BILL No. 4165
February 10, 2015, Introduced by Reps. Dillon, Schor, Sarah Roberts, Garrett and Durhal and referred to the Committee on Judiciary.
A bill to amend 1953 PA 232, entitled
"Corrections code of 1953,"
by amending section 34a (MCL 791.234a), as amended by 2012 PA 259.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 34a. (1) A prisoner sentenced to an indeterminate term of
imprisonment under the jurisdiction of the department, regardless
of when he or she was sentenced, shall be considered by the
department for placement in a special alternative incarceration
unit established under section 3 of the special alternative
incarceration act, 1988 PA 287, MCL 798.13, if the prisoner meets
the eligibility requirements of subsections (2) and (3). For a
prisoner committed to the jurisdiction of the department on or
after March 19, 1992, the department shall determine before the
prisoner leaves the reception center whether the prisoner is
eligible for placement in a special alternative incarceration unit,
although actual placement may take place at a later date. A
determination of eligibility does not guarantee placement in a
unit.
(2) To be eligible for placement in a special alternative
incarceration unit, the prisoner shall meet all of the following
requirements:
(a) The prisoner's minimum sentence does not exceed either of
the following limits, as applicable:
(i) Twenty-four months or less for a violation of section 110
or 110a of the Michigan penal code, 1931 PA 328, MCL 750.110 and
750.110a, if the violation involved any occupied dwelling house.
(ii) Thirty-six months or less for any other crime.
(b) The prisoner has never previously been placed in a special
alternative incarceration unit as either a prisoner or a
probationer, unless he or she was removed from a special
alternative incarceration unit for medical reasons as specified in
subsection (7).
(c) The prisoner is physically able to participate in the
program.
(d) The prisoner does not appear to have any mental disability
that would prevent participation in the program.
(e) The prisoner is serving his or her first prison sentence.
(f) At the time of sentencing, the judge did not prohibit
participation in the program in the judgment of sentence.
(g) The prisoner is otherwise suitable for the program, as
determined by the department.
(h) The prisoner is not serving a sentence for any of the
following crimes:
(i) A violation of section 49, 80, 83, 89, 91,
157b, 158, 207,
260, 316, 317, 327, 328, 335a, 338, 338a, 338b, 349, 349a, 350,
422, 436, 511, 520b, 529, 529a, 531, or 544 of the Michigan penal
code,
1931 PA 328, MCL 750.49, 750.80, 750.83, 750.89, 750.91,
750.157b, 750.158, 750.207, 750.260, 750.316, 750.317, 750.327,
750.328, 750.335a, 750.338, 750.338a, 750.338b, 750.349, 750.349a,
750.350, 750.422, 750.436, 750.511, 750.520b, 750.529, 750.529a,
750.531, and 750.544.
(ii) A violation of section 145c, 520c, 520d, or 520g of the
Michigan penal code, 1931 PA 328, MCL 750.145c, 750.520c, 750.520d,
and 750.520g.
(iii) A violation of section 72, 73, or 75 of the Michigan penal
code, 1931 PA 328, MCL 750.72, 750.73, and 750.75.
(iv) A violation of section 86, 112, 136b, 193, 195, 213, 319,
321, 329, or 397 of the Michigan penal code, 1931 PA 328, MCL
750.86, 750.112, 750.136b, 750.193, 750.195, 750.213, 750.319,
750.321, 750.329, and 750.397.
(v) A violation of section 2 of 1968 PA 302, MCL 752.542.
(vi) An attempt to commit a crime described in subparagraphs
(i) to (v).
(vii) A violation occurring on or after January 1, 1992, of
section 625(4) or (5) of the Michigan vehicle code, 1949 PA 300,
MCL 257.625.
(viii) A crime for which the prisoner was punished under section
10, 11, or 12 of chapter IX of the code of criminal procedure, 1927
PA 175, MCL 769.10, 769.11, and 769.12.
(ix) A crime that would be a violent crime as defined in the
federal bureau of investigation's uniform crime reporting program,
as determined by the department.
(3) A prisoner who is serving a sentence for a violation of
section 7401 or 7403 of the public health code, 1978 PA 368, MCL
333.7401 and 333.7403, and who has previously been convicted for a
violation of section 7401 or 7403(2)(a), (b), or (e) of the public
health code, 1978 PA 368, MCL 333.7401 and 333.7403, is not
eligible for placement in a special alternative incarceration unit
until after he or she has served the equivalent of the mandatory
minimum sentence prescribed by statute for that violation.
(4) If the sentencing judge prohibited a prisoner's
participation in the special alternative incarceration program in
the judgment of sentence, that prisoner shall not be placed in a
special alternative incarceration unit. If the sentencing judge
permitted the prisoner's participation in the special alternative
incarceration program in the judgment of sentence, that prisoner
may be placed in a special alternative incarceration unit if the
department determines that the prisoner also meets the requirements
of subsections (2) and (3). If the sentencing judge neither
prohibited nor permitted a prisoner's participation in the special
alternative incarceration program in the judgment of sentence, and
the department determines that the prisoner meets the eligibility
requirements of subsections (2) and (3), the department shall
notify the judge or the judge's successor, the prosecuting attorney
for the county in which the prisoner was sentenced, and any victim
of the crime for which the prisoner was committed if the victim has
submitted to the department a written request for any notification
under section 19(1) of the William Van Regenmorter crime victim's
rights act, 1985 PA 87, MCL 780.769, of the proposed placement of
the prisoner in the special alternative incarceration unit. The
notices shall be sent not later than 30 days before placement is
intended to occur. The notice to the victim shall include
information informing the victim of his or her right to submit a
victim impact statement to the sentencing judge or the judge's
successor under section 14 of the William Van Regenmorter crime
victim's rights act, 1985 PA 87, MCL 780.764. The department shall
not place the prisoner in a special alternative incarceration unit
unless the sentencing judge, or the judge's successor, notifies the
department, in writing, that he or she does not object to the
proposed placement. In making the decision on whether or not to
object, the judge, or judge's successor, shall review any impact
statement submitted under section 14 of the William Van Regenmorter
crime victim's rights act, 1985 PA 87, MCL 780.764, by the victim
or victims of the crime of which the prisoner was convicted.
(5) Notwithstanding subsection (4), a prisoner shall not be
placed in a special alternative incarceration unit unless the
prisoner consents to that placement and agrees that the department
may suspend or restrict privileges generally afforded other
prisoners including, but not limited to, the areas of visitation,
property, mail, publications, commissary, library, and telephone
access.
However, the The department may not suspend or restrict the
prisoner's access to the prisoner grievance system.
(6) Notwithstanding subsections (4) and (5), a prisoner shall
not be placed in a special alternative incarceration unit unless
all of the following conditions are met for the prisoner at the
special alternative incarceration unit:
(a) Upon entry into the special alternative incarceration
unit, a validated risk and need assessment from which a prisoner-
specific transition accountability plan and prisoner-specific
programming during program enrollment are utilized.
(b) Interaction with community-based service providers through
established prison in-reach services from the community to which
the prisoner will return is utilized.
(c) Prisoner discharge planning is utilized.
(d) Community follow-up services are utilized.
(7) A prisoner may be placed in a special alternative
incarceration program for a period of not less than 90 days or more
than 120 days. If, during that period, the prisoner misses more
than 5 days of program participation due to medical excuse for
illness or injury occurring after he or she was placed in the
program, the period of placement shall be increased by the number
of days missed, beginning with the sixth day of medical excuse, up
to
a maximum of 20 days. However, the The total number of days a
prisoner may be placed in this program, including days missed due
to medical excuse, shall not exceed 120 days. A medical excuse
shall be verified by a physician's statement. A prisoner who is
medically unable to participate in the program for more than 25
days shall be returned to a state correctional facility but may be
reassigned to the program if the prisoner meets the eligibility
requirements of subsections (2) and (3).
(8) Upon certification of completion of the special
alternative incarceration program, the prisoner shall be placed on
parole. A prisoner paroled under this section shall have conditions
of parole as determined appropriate by the parole board and shall
be placed on parole for not less than 18 months, or the balance of
the prisoner's minimum sentence, whichever is greater, with at
least the first 120 days under intensive supervision.
(9) The parole board may suspend or revoke parole for any
prisoner paroled under this section subject to sections 39a and
40a. For a prisoner other than a prisoner subject to disciplinary
time, if parole is revoked before the expiration of the prisoner's
minimum sentence, less disciplinary credits, the parole board shall
forfeit, under section 33(13) of 1893 PA 118, MCL 800.33, all
disciplinary credits that were accumulated during special
alternative incarceration, and the prisoner shall be considered for
parole under section 35.
(10) The department shall report annually to the legislature
the impact of the operation of this section, including a report
concerning recidivism.
(11) The department shall contract annually for third-party
evaluations that report on both of the following:
(a) The implementation of the requirements of subsection (6).
(b) The success of the special alternative incarceration
program as revised under subsection (6), as evidenced by the extent
to which participants subsequently violate the conditions of their
parole, have their orders of parole revoked, or revictimize as
evidenced by being arrested or convicted for new offenses,
absconding from parole, or having outstanding warrants.
(12) Each prisoner or probationer placed in the special
alternative incarceration program shall fully participate in the
Michigan prisoner reentry initiative.
