Bill Text: MI HB4374 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Corrections; prisoners; commutation hearings and procedures; clarify provision regarding medical commutations. Amends sec. 44 of 1953 PA 232 (MCL 791.244). TIE BAR WITH: HB 4375'11
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2011-03-08 - Printed Bill Filed 03/04/2011 [HB4374 Detail]
Download: Michigan-2011-HB4374-Introduced.html
HOUSE BILL No. 4374
March 3, 2011, Introduced by Reps. Meadows and Oakes and referred to the Committee on Judiciary.
A bill to amend 1953 PA 232, entitled
"Corrections code of 1953,"
by amending section 44 (MCL 791.244), as amended by 1999 PA 191.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 44. (1) Subject to the constitutional authority of the
governor to grant reprieves, commutations, and pardons, 1 member of
the parole board shall interview a prisoner serving a sentence for
murder in the first degree or a sentence of imprisonment for life
without parole at the conclusion of 10 calendar years and
thereafter as determined appropriate by the parole board, until
such
time as the prisoner is granted a
reprieve, commutation, or
pardon by the governor, or is deceased. The interview schedule
prescribed in this subsection applies to all prisoners to whom this
section is applicable, regardless of when they were sentenced.
(2) Upon its own initiation of, or upon receipt of any
application for, a reprieve, commutation, or pardon, the parole
board shall do all of the following, as applicable:
(a) Not more than 60 days after receipt of an application,
conduct a review to determine whether the application for a
reprieve, commutation, or pardon has merit.
(b) Deliver either the written documentation of the initiation
or the original application with the parole board's determination
regarding merit, to the governor and retain a copy of each in its
file, pending an investigation and hearing.
(c) Within 10 days after initiation, or after determining that
an application has merit, forward to the sentencing judge and to
the prosecuting attorney of the county having original jurisdiction
of the case, or their successors in office, a written notice of the
filing of the application or initiation, together with copies of
the application or initiation, any supporting affidavits, and a
brief
summary of the case. Within 30 days after receipt of notice
of
the filing of any application or initiation, the The
sentencing
judge and the prosecuting attorney, or their successors in office,
may file information at their disposal, together with any
objections, in writing, which they may desire to interpose. A
response from a sentencing judge or prosecuting attorney shall be
filed within 14 days after he or she received the written notice in
the case of a proposed commutation based on physical or mental
incapacity as provided in subdivision (d) or within 30 days after
he or she received the written notice in the case of any other
proposed commutation. If the sentencing judge and the prosecuting
attorney,
or their successors in office, do not respond within 30
days
the applicable time period, the parole board shall proceed on
the application or initiation.
(d) If an application or initiation for commutation is based
on physical or mental incapacity, direct the bureau of health care
services to evaluate the condition of the prisoner and report on
that condition. If the bureau of health care services determines
that the prisoner is physically or mentally incapacitated, the
bureau shall appoint a specialist in the appropriate field of
medicine, who is not employed by the department, to evaluate the
condition of the prisoner and to report on that condition. These
reports are protected by the doctor-patient privilege of
confidentiality, except that these reports shall be provided to the
governor for his or her review.
(e) Within 270 days after initiation by the parole board or
receipt of an application that the parole board has determined to
have
merit pursuant to under subdivision (a), make a full
investigation and determination on whether or not to proceed to a
public hearing.
(f)
Conduct Except as
otherwise provided in subsection (3),
conduct a public hearing not later than 90 days after making a
decision to proceed with consideration of a recommendation for the
granting of a reprieve, commutation, or pardon. The public hearing
shall be held before a formal recommendation is transmitted to the
governor. One member of the parole board who will be involved in
the formal recommendation may conduct the hearing, and the public
shall be represented by the attorney general or a member of the
attorney general's staff.
(g)
At least 30 days before Before conducting the public
hearing, provide written notice of the public hearing by mail to
the attorney general, the sentencing trial judge, and the
prosecuting attorney, or their successors in office, and each
victim
who requests notice pursuant to under
the William Van
Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.751 to
780.834. If the public hearing is being conducted for a proposed
commutation based on physical or mental incapacity as provided in
subdivision (d), the written notice shall be provided at least 14
days before the public hearing and may be provided simultaneously
with the notice required under subdivision (c). For all other
public hearings for proposed commutations, the written notice shall
be provided at least 30 days before the public hearing.
(h)
Conduct the public hearing pursuant to under the rules
promulgated by the department. Except as otherwise provided in this
subdivision, any person having information in connection with the
pardon, commutation, or reprieve shall be sworn as a witness. A
person who is a victim shall be given an opportunity to address and
be questioned by the parole board at the hearing or to submit
written testimony for the hearing. In hearing testimony, the parole
board shall give liberal construction to any technical rules of
evidence.
(i) Transmit its formal recommendation to the governor.
(j) Make all data in its files available to the governor if
the parole board recommends the granting of a reprieve,
commutation, or pardon.
(3) Notwithstanding subsection (2), a public hearing is not
required for a proposed commutation based on physical or mental
incapacity under subsection (2)(d) if both medical reports prepared
under subsection (2)(d) give the prisoner a life expectancy of 6
months or less and if the parole board gives written notice of the
proposed commutation to the attorney general, the sentencing judge,
and the prosecuting attorney, or their successors in office, and
each victim who requests notice under the William Van Regenmorter
crime victim's rights act, 1985 PA 87, MCL 780.751 to 780.834. The
written notice shall request a written response within 14 days as
to the proposed commutation and may be made simultaneously with the
notice required under subsection (2)(c). Any written responses
shall be forwarded to the governor with the parole board's final
recommendation and shall be matters of public record. This
subsection does not apply to a prisoner serving a sentence for a
listed offense as defined in section 2 of the sex offenders
registration act, 1994 PA 295, MCL 28.722.
(4) (3)
Except for medical records protected by the doctor-
patient privilege of confidentiality, the files of the parole board
in
cases under this section shall be are matters of public
record.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 4375(request no.
01247'11*) of the 96th Legislature is enacted into law.
