Bill Text: MI HB4189 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Corrections; parole; procedures for objection by judge of parole for prisoner; revise. Amends sec. 34 of 1953 PA 232 (MCL 791.234).

Spectrum: Slight Partisan Bill (Democrat 6-3)

Status: (Introduced - Dead) 2013-02-06 - Printed Bill Filed 02/06/2013 [HB4189 Detail]

Download: Michigan-2013-HB4189-Introduced.html

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HOUSE BILL No. 4189

 

February 5, 2013, Introduced by Reps. Lipton, Haveman, MacMaster, Singh, Robinson, Cavanagh, Howrylak, Banks and Oakes and referred to the Committee on Judiciary.

 

     A bill to amend 1953 PA 232, entitled

 

"Corrections code of 1953,"

 

by amending section 34 (MCL 791.234), as amended by 2010 PA 353.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 34. (1) Except as provided in section 34a, a prisoner

 

sentenced to an indeterminate sentence and confined in a state

 

correctional facility with a minimum in terms of years other than a

 

prisoner subject to disciplinary time is subject to the

 

jurisdiction of the parole board when the prisoner has served a

 

period of time equal to the minimum sentence imposed by the court

 

for the crime of which he or she was convicted, less good time and

 

disciplinary credits, if applicable.

 

     (2) Except as provided in section 34a, a prisoner subject to

 

disciplinary time sentenced to an indeterminate sentence and

 

confined in a state correctional facility with a minimum in terms

 

of years is subject to the jurisdiction of the parole board when

 

the prisoner has served a period of time equal to the minimum

 

sentence imposed by the court for the crime of which he or she was

 

convicted.

 

     (3) If a prisoner other than a prisoner subject to

 

disciplinary time is sentenced for consecutive terms, whether

 

received at the same time or at any time during the life of the

 

original sentence, the parole board has jurisdiction over the

 

prisoner for purposes of parole when the prisoner has served the

 

total time of the added minimum terms, less the good time and

 

disciplinary credits allowed by statute. The maximum terms of the

 

sentences shall be added to compute the new maximum term under this

 

subsection, and discharge shall be issued only after the total of

 

the maximum sentences has been served less good time and

 

disciplinary credits, unless the prisoner is paroled and discharged

 

upon satisfactory completion of the parole.

 

     (4) If a prisoner subject to disciplinary time is sentenced

 

for consecutive terms, whether received at the same time or at any

 

time during the life of the original sentence, the parole board has

 

jurisdiction over the prisoner for purposes of parole when the

 

prisoner has served the total time of the added minimum terms. The

 

maximum terms of the sentences shall be added to compute the new

 

maximum term under this subsection, and discharge shall be issued

 

only after the total of the maximum sentences has been served,

 

unless the prisoner is paroled and discharged upon satisfactory

 

completion of the parole.

 

     (5) If a prisoner other than a prisoner subject to

 

disciplinary time has 1 or more consecutive terms remaining to

 

serve in addition to the term he or she is serving, the parole

 

board may terminate the sentence the prisoner is presently serving

 

at any time after the minimum term of the sentence has been served.

 

     (6) A prisoner sentenced to imprisonment for life for any of

 

the following is not eligible for parole and is instead subject to

 

the provisions of section 44:

 

     (a) First degree murder in violation of section 316 of the

 

Michigan penal code, 1931 PA 328, MCL 750.316.

 

     (b) A violation of section 16(5) or 18(7) of the Michigan

 

penal code, 1931 PA 328, MCL 750.16 and 750.18.

 

     (c) A violation of chapter XXXIII of the Michigan penal code,

 

1931 PA 328, MCL 750.200 to 750.212a.

 

     (d) A violation of section 17764(7) of the public health code,

 

1978 PA 368, MCL 333.17764.

 

     (e) First degree criminal sexual conduct in violation of

 

section 520b(2)(c) of the Michigan penal code, 1931 PA 328, MCL

 

750.520b.

 

     (f) Any other violation for which parole eligibility is

 

expressly denied under state law.

 

     (7) A prisoner sentenced to imprisonment for life, other than

 

a prisoner described in subsection (6), is subject to the

 

jurisdiction of the parole board and may be placed on parole

 

according to the conditions prescribed in subsection (8) if he or

 

she meets any of the following criteria:

 

     (a) Except as provided in subdivision (b) or (c), the prisoner

 

has served 10 calendar years of the sentence for a crime committed

 

before October 1, 1992 or 15 calendar years of the sentence for a

 

crime committed on or after October 1, 1992.

 

     (b) Except as provided in subsection (12), the prisoner has

 

served 20 calendar years of a sentence for violating, or attempting

 

or conspiring to violate, section 7401(2)(a)(i) of the public health

 

code, 1978 PA 368, MCL 333.7401, and has another conviction for a

 

serious crime.

 

     (c) Except as provided in subsection (12), the prisoner has

 

served 17-1/2 calendar years of the sentence for violating, or

 

attempting or conspiring to violate, section 7401(2)(a)(i) of the

 

public health code, 1978 PA 368, MCL 333.7401, and does not have

 

another conviction for a serious crime.

 

     (8) A parole granted to a prisoner under subsection (7) is

 

subject to the following conditions:

 

     (a) At the conclusion of 10 calendar years of the prisoner's

 

sentence and thereafter as determined by the parole board until the

 

prisoner is paroled, discharged, or deceased, and in accordance

 

with the procedures described in subsection (9), 1 member of the

 

parole board shall interview the prisoner. The interview schedule

 

prescribed in this subdivision applies to all prisoners to whom

 

subsection (7) applies, regardless of the date on which they were

 

sentenced.

 

     (b) In addition to the interview schedule prescribed in

 

subdivision (a), the parole board shall review the prisoner's file

 

at the conclusion of 15 calendar years of the prisoner's sentence

 

and every 5 years thereafter until the prisoner is paroled,

 

discharged, or deceased. A prisoner whose file is to be reviewed

 

under this subdivision shall be notified of the upcoming file

 

review at least 30 days before the file review takes place and

 

shall be allowed to submit written statements or documentary

 

evidence for the parole board's consideration in conducting the

 

file review.

 

     (c) A decision to grant or deny parole to the prisoner shall

 

not be made until after a public hearing held in the manner

 

prescribed for pardons and commutations in sections 44 and 45.

 

Notice of the public hearing shall be given to the sentencing

 

judge, or the judge's successor in office, and parole shall not be

 

granted if the sentencing judge , or the judge's successor in

 

office, files written objections to the granting of the parole

 

within 30 days of receipt of after receiving the notice of hearing.

 

If a successor judge files written objections, those objections

 

shall be considered but shall not prevent the granting of parole

 

and the parole board shall retain jurisdiction regardless of those

 

written objections. The written objections shall be made part of

 

the prisoner's file.

 

     (d) A parole granted under subsection (7) shall be for a

 

period of not less than 4 years and subject to the usual rules

 

pertaining to paroles granted by the parole board. A parole granted

 

under subsection (7) is not valid until the transcript of the

 

record is filed with the attorney general whose certification of

 

receipt of the transcript shall be returnable to the office of the

 

parole board within 5 days. Except for medical records protected

 

under section 2157 of the revised judicature act of 1961, 1961 PA

 

236, MCL 600.2157, the file of a prisoner granted a parole under

 

subsection (7) is a public record.

 

     (9) An interview conducted under subsection (8)(a) is subject

 

to both of the following requirements:

 

     (a) The prisoner shall be given written notice, not less than

 

30 days before the interview date, stating that the interview will

 

be conducted.

 

     (b) The prisoner may be represented at the interview by an

 

individual of his or her choice. The representative shall not be

 

another prisoner. A prisoner is not entitled to appointed counsel

 

at public expense. The prisoner or representative may present

 

relevant evidence in favor of holding a public hearing as allowed

 

in subsection (8)(b).(8)(c).

 

     (10) In determining whether a prisoner convicted of violating,

 

or attempting or conspiring to violate, section 7401(2)(a)(i) of the

 

public health code, 1978 PA 368, MCL 333.7401, and sentenced to

 

imprisonment for life before October 1, 1998 is to be released on

 

parole, the parole board shall consider all of the following:

 

     (a) Whether the violation was part of a continuing series of

 

violations of section 7401 or 7403 of the public health code, 1978

 

PA 368, MCL 333.7401 and 333.7403, by that individual.

 

     (b) Whether the violation was committed by the individual in

 

concert with 5 or more other individuals.

 

     (c) Any of the following:

 

     (i) Whether the individual was a principal administrator,

 

organizer, or leader of an entity that the individual knew or had

 

reason to know was organized, in whole or in part, to commit

 

violations of section 7401 or 7403 of the public health code, 1978

 

PA 368, MCL 333.7401 and 333.7403, and whether the violation for

 

which the individual was convicted was committed to further the

 

interests of that entity.

 

     (ii) Whether the individual was a principal administrator,

 

organizer, or leader of an entity that the individual knew or had

 

reason to know committed violations of section 7401 or 7403 of the

 

public health code, 1978 PA 368, MCL 333.7401 and 333.7403, and

 

whether the violation for which the individual was convicted was

 

committed to further the interests of that entity.

 

     (iii) Whether the violation was committed in a drug-free school

 

zone.

 

     (iv) Whether the violation involved the delivery of a

 

controlled substance to an individual less than 17 years of age or

 

possession with intent to deliver a controlled substance to an

 

individual less than 17 years of age.

 

     (11) Except as provided in section 34a, a prisoner's release

 

on parole is discretionary with the parole board. The action of the

 

parole board in granting a parole is appealable by the prosecutor

 

of the county from which the prisoner was committed or the victim

 

of the crime for which the prisoner was convicted. The appeal shall

 

be to the circuit court in the county from which the prisoner was

 

committed, by leave of the court.

 

     (12) If the sentencing judge, or his or her successor in

 

office, determines on the record that a prisoner described in

 

subsection (7)(b) or (c) sentenced to imprisonment for life for

 

violating, or attempting or conspiring to violate, section

 

7401(2)(a)(i) of the public health code, 1978 PA 368, MCL 333.7401,

 

has cooperated with law enforcement, the prisoner is subject to the

 

jurisdiction of the parole board and may be released on parole as

 

provided in subsection (7)(b) or (c) 2-1/2 years earlier than the

 

time otherwise indicated in subsection (7)(b) or (c). The prisoner

 

is considered to have cooperated with law enforcement if the court

 

determines on the record that the prisoner had no relevant or

 

useful information to provide. The court shall not make a

 

determination that the prisoner failed or refused to cooperate with

 

law enforcement on grounds that the defendant exercised his or her

 

constitutional right to trial by jury. If the court determines at

 

sentencing that the defendant cooperated with law enforcement, the

 

court shall include its determination in the judgment of sentence.

 

     (13) Notwithstanding subsections (1) and (2), an individual

 

convicted of violating, or attempting or conspiring to violate,

 

section 7401(2)(a)(i) or 7403(2)(a)(i) of the public health code,

 

1978 PA 368, MCL 333.7401 and 333.7403, whose offense occurred

 

before March 1, 2003, and who was sentenced to a term of years, is

 

eligible for parole after serving 20 years of the sentence imposed

 

for the violation if the individual has another serious crime or

 

17-1/2 years of the sentence if the individual does not have

 

another conviction for a serious crime, or after serving the

 

minimum sentence imposed for that violation, whichever is less.

 

     (14) Notwithstanding subsections (1) and (2), an individual

 

who was convicted of violating, or attempting or conspiring to

 

violate, section 7401(2)(a)(ii) or 7403(2)(a)(ii) of the public

 

health code, 1978 PA 368, MCL 333.7401 and 333.7403, whose offense

 

occurred before March 1, 2003, and who was sentenced according to

 

those sections as they existed before March 1, 2003, is eligible

 

for parole after serving the minimum of each sentence imposed for

 

that violation or 10 years of each sentence imposed for that

 

violation, whichever is less.

 

     (15) Notwithstanding subsections (1) and (2), an individual

 

who was convicted of violating, or attempting or conspiring to

 

violate, section 7401(2)(a)(iii) or 7403(2)(a)(iii) of the public

 

health code, 1978 PA 368, MCL 333.7401 and 333.7403, whose offense

 

occurred before March 1, 2003, and who was sentenced according to

 

those sections as they existed before March 1, 2003, is eligible

 

for parole after serving the minimum of each sentence imposed for

 

that violation or 5 years of each sentence imposed for that

 

violation, whichever is less.

 

     (16) Notwithstanding subsections (1) and (2), an individual

 

who was convicted of violating, or attempting or conspiring to

 

violate, section 7401(2)(a)(iv) or 7403(2)(a)(iv) of the public

 

health code, 1978 PA 368, MCL 333.7401 and 333.7403, whose offense

 

occurred before March 1, 2003, who was sentenced according to those

 

sections of law as they existed before March 1, 2003 to consecutive

 

terms of imprisonment for 2 or more violations of section

 

7401(2)(a) or 7403(2)(a), is eligible for parole after serving 1/2

 

of the minimum sentence imposed for each violation of section

 

7401(2)(a)(iv) or 7403(2)(a)(iv). This subsection applies only to

 

sentences imposed for violations of section 7401(2)(a)(iv) or

 

7403(2)(a)(iv) and does not apply if the sentence was imposed for a

 

conviction for a new offense committed while the individual was on

 

probation or parole.

 

     (17) The parole board shall provide notice to the prosecuting

 

attorney of the county in which the individual was convicted before

 

granting parole to the individual under subsection (13), (14),

 

(15), or (16).

 

     (18) As used in this section:

 

     (a) "Serious crime" means violating or conspiring to violate

 

article 7 of the public health code, 1978 PA 368, MCL 333.7101 to

 

333.7545, that is punishable by imprisonment for more than 4 years,

 

or an offense against a person in violation of section 83, 84, 86,

 

87, 88, 89, 316, 317, 321, 349, 349a, 350, 397, 520b, 520c, 520d,

 

520g, 529, 529a, or 530 of the Michigan penal code, 1931 PA 328,

 

MCL 750.83, 750.84, 750.86, 750.87, 750.88, 750.89, 750.316,

 

750.317, 750.321, 750.349, 750.349a, 750.350, 750.397, 750.520b,

 

750.520c, 750.520d, 750.520g, 750.529, 750.529a, and 750.530.

 

     (b) "State correctional facility" means a facility that houses

 

prisoners committed to the jurisdiction of the department.