Bill Text: MI HB4498 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Corrections; prisoners; provisions of prison code relating to disciplinary time and disciplinary credits; eliminate, and restore good time credits. Amends sec. 33 of 1893 PA 118 (MCL 800.33) & repeals secs. 34 & 35 of 1893 PA 218 (MCL 800.34 & 800.35). TIE BAR WITH: HB 4497'09
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-03-04 - Printed Bill Filed 03/04/2009 [HB4498 Detail]
Download: Michigan-2009-HB4498-Introduced.html
HOUSE BILL No. 4498
March 3, 2009, Introduced by Rep. Cushingberry and referred to the Committee on Judiciary.
A bill to amend 1893 PA 118, entitled
"An act to revise and consolidate the laws relative to state
prisons, to state houses of correction, and branches of state
prisons and reformatories, and the government and discipline
thereof and to repeal all acts inconsistent therewith,"
by amending section 33 (MCL 800.33), as amended by 1999 PA 148; and
to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 33. (1) A record of all major misconduct charges for
which a prisoner has been found guilty shall be maintained and
given to the parole board as part of the parole eligibility report
prepared for each prisoner pursuant to section 35 of the
corrections code of 1953, 1953 PA 232, MCL 791.235.
(2) Except as otherwise provided in this section, a prisoner
who
is serving a sentence for a crime committed before April 1,
1987,
and who has not been found guilty
of a major misconduct or
had a violation of the laws of this state recorded against him or
her shall receive a reduction from his or her sentence as follows:
(a) During the first and second years of his or her sentence,
5 days for each month.
(b) During the third and fourth years, 6 days for each month.
(c) During the fifth and sixth years, 7 days for each month.
(d) During the seventh, eighth, and ninth years, 9 days for
each month.
(e) During the tenth, eleventh, twelfth, thirteenth, and
fourteenth years, 10 days for each month.
(f) During the fifteenth, sixteenth, seventeenth, eighteenth,
and nineteenth years, 12 days for each month.
(g) From and including the twentieth year, up to and including
the period fixed for the expiration of the sentence, 15 days for
each month.
(3)
Except as provided in section 34, all prisoners serving a
sentence
for a crime that was committed on or after April 1, 1987
are
eligible to earn disciplinary and special disciplinary credits
as
provided in subsection (5). Disciplinary credits shall be
earned,
forfeited, and restored as provided in this section.
Accumulated
disciplinary credits good
time received under
subsection (2) shall be deducted from a prisoner's minimum and
maximum sentence in order to determine his or her parole
eligibility date and discharge date.
(4)
This section shall not be construed to allow good time ,
disciplinary
credits, or special disciplinary credits in cases of
commuted sentences unless so stipulated in the executive order
commuting the sentence.
(5)
Except as provided in section 34, all prisoners serving a
sentence
on December 30, 1982, or incarcerated after December 30,
1982,
for the conviction of a crime enumerated in section 33b(a) to
(cc)
of 1953 PA 232, MCL 791.233b, are eligible to earn a
disciplinary
credit of 5 days per month for each month served after
December 30, 1982. Accumulated disciplinary credits shall be
deducted
from a prisoner's minimum and maximum sentence in order to
determine
his or her parole eligibility dates.
A
prisoner shall not earn disciplinary credits under this
subsection
during any month in which the prisoner is found guilty
of
having committed a major misconduct. The amount of disciplinary
credits
not earned as a result of being found guilty of a major
misconduct
shall be limited to the disciplinary credits that would
have
been earned for the month in which the major misconduct
occurred.
Any disciplinary credits not earned as a result of the
prisoner
being found guilty of a major misconduct shall never be
earned
or restored. The warden may order that a prisoner found
guilty
of a major misconduct, including but not limited to charges
of
rioting, inciting to riot, escape, homicide, or assault and
battery,
forfeit all or a portion of the disciplinary credits
accumulated
prior to the month in which the misconduct occurred. An
order
forfeiting accumulated disciplinary credits shall be based
upon
a review of the prisoner's institutional record.
The
disciplinary credit committee, which is comprised of the
prisoner's
resident unit manager, custody officers in the resident
unit
with direct supervisory responsibilities over the prisoner,
and
the appropriate work or school assignment supervisor, shall be
a
part of the reclassification process and shall review, at least
annually,
the status of each prisoner in the housing unit who has
forfeited
disciplinary credits. The committee may recommend to the
warden
whether any forfeited disciplinary credits should be
restored
to the prisoner.
In
addition to disciplinary credits, a prisoner eligible for
disciplinary
credits under this subsection may be awarded 2 days
per
month special disciplinary credits for good institutional
conduct
on the recommendation of the disciplinary credit committee
and
the concurrence of the warden based on an annual review of the
prisoner's
institutional record. Special disciplinary credits shall
not
be awarded for any month in which a prisoner has been found
guilty
of a major misconduct.
The
department of corrections shall promulgate rules pursuant
to
the administrative procedures act of 1969, 1969 PA 306, MCL
24.201
to 24.328, necessary to implement this subsection not more
than
180 days after December 30, 1982.
(5) (6)
On and after April 1, 1987, a A
prisoner shall not
earn good time under this section during any month in which the
prisoner is found guilty of having committed a major misconduct.
The amount of good time not earned as a result of being found
guilty of a major misconduct shall be limited to the amount of good
time that would have been earned during the month in which the
major misconduct occurred. Any good time not earned as a result of
the prisoner being found guilty of a major misconduct shall never
be earned or restored.
(6) (7)
The department of corrections shall promulgate rules
pursuant to the administrative procedures act of 1969, 1969 PA 306,
MCL 24.201 to 24.328, prescribing how much of his or her
accumulated
good time or accumulated disciplinary credits the
prisoner may forfeit if found guilty of 1 or more major
misconducts.
(7) (8)
The warden may order that a prisoner found guilty of a
major misconduct forfeit all or a portion of the good time
accumulated prior to the month in which the misconduct occurred.
(8) (9)
The good time committee, which is comprised of the
prisoner's resident unit manager, custody officer in the resident
unit with direct supervisory responsibility over the prisoner, and
the appropriate work or school assignment supervisor, shall be part
of the reclassification process. The good time committee shall
recommend to the warden the amount of special good time to be
awarded and the restoration of any accumulated good time that has
been forfeited.
(9) (10)
The warden, as a reward for good conduct, may restore
to
a prisoner the whole or any portion of the good time or
disciplinary
credits forfeited because of a
finding of guilty for a
major
misconduct. However, forfeited good time or disciplinary
credits
shall not be restored without the
recommendation of the
disciplinary
credit committee or good time
committee and the prior
written
approval of the deputy director in charge of the bureau of
correctional facilities administration or the deputy director in
charge
of the bureau of field services field
operations
administration. Disciplinary credits or good Good time
allowances
that have not been earned because of institutional misconduct shall
not be restored.
(10) (11)
A prisoner who has been sentenced concurrently for
separate
convictions shall have his or her good time or
disciplinary
credits computed on the basis of
the longest of the
concurrent sentences. If a prisoner is serving consecutive
sentences
for separate convictions, his or her good time or
disciplinary
credits shall be computed and
accumulated on each
sentence
individually and all good time or disciplinary credits
that
have has been earned on any of the sentences shall be subject
to
forfeiture pursuant to subsections (5) and (8) subsection (7).
(11) (12)
The warden of an institution may grant special good
time
allowances. to eligible prisoners who are convicted of a crime
that
is committed before April 1,
1987. Special good time credit
shall not exceed 50% of the good time allowances under the schedule
in subsection (2). Special good time shall be awarded for good
conduct only and shall not be awarded for any month in which a
prisoner has been found guilty of a major misconduct.
(12) (13)
The parole board shall be exclusively empowered to
cause
the forfeiture of good time or disciplinary credits earned by
a prisoner at the time of a parole violation.
(14)
A prisoner subject to disciplinary time is not eligible
for
good time, special good time, disciplinary credits, or special
disciplinary
credits.
(13) (15)
The court may order the reduction or forfeiture of 1
or
more of the following good
time credits pursuant to section 5513
of
the revised judicature act of 1961, 1961 PA 236, MCL 600.5513. :
(a)
Good time.
(b)
Disciplinary.
(c)
Special disciplinary.
(14) The department shall recalculate the parole eligibility
date and discharge date for each prisoner serving a sentence on the
effective date of the 2009 amendatory act that amended this section
who becomes eligible for good time credits under subsection (2) as
a result of the 2009 amendatory act that amended this section.
Enacting section 1. Sections 34 and 35 of 1893 PA 218, MCL
800.34 and 800.35, are repealed.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 4497(request no.
01437'09) of the 95th Legislature is enacted into law.
