Bill Text: MI HB4704 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Corrections; parole; notification to prosecuting attorney of parole hearings; require. Amends sec. 35 of 1953 PA 232 (MCL 791.235).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-06-07 - Printed Bill Filed 06/02/2011 [HB4704 Detail]

Download: Michigan-2011-HB4704-Introduced.html

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HOUSE BILL No. 4704

 

June 1, 2011, Introduced by Rep. Scott and referred to the Committee on Judiciary.

 

     A bill to amend 1953 PA 232, entitled

 

"Corrections code of 1953,"

 

by amending section 35 (MCL 791.235), as amended by 1998 PA 315.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 35. (1) The release of a prisoner on parole shall be

 

granted solely upon the initiative of the parole board. The parole

 

board may grant a parole without interviewing the prisoner.

 

However, beginning on the date on which the administrative rules

 

prescribing parole guidelines pursuant to section 33e(5) take

 

effect January 26, 1996, the parole board may grant a parole

 

without interviewing the prisoner only if, after evaluating the

 

prisoner according to the parole guidelines, the parole board

 

determines that the prisoner has a high probability of being

 

paroled and the parole board therefore intends to parole the

 

prisoner. Except as provided in subsection (2), (3), a prisoner

 

shall not be denied parole without an interview before 1 member of

 

the parole board. The interview shall be conducted at least 1 month

 

before the expiration of the prisoner's minimum sentence less

 

applicable good time and disciplinary credits for a prisoner

 

eligible for good time and disciplinary credits, or at least 1

 

month before the expiration of the prisoner's minimum sentence for

 

a prisoner subject to disciplinary time. The parole board shall

 

consider any statement made to the parole board by a crime victim

 

under the William Van Regenmorter crime victim's rights act, 1985

 

PA 87, MCL 780.751 to 780.834, or under any other provision of law.

 

The parole board shall not consider any of the following factors in

 

making a parole determination:

 

     (a) A juvenile record that a court has ordered the department

 

to expunge.

 

     (b) Information that is determined by the parole board to be

 

inaccurate or irrelevant after a challenge and presentation of

 

relevant evidence by a prisoner who has received a notice of intent

 

to conduct an interview as provided in subsection (4). (6). This

 

subdivision applies only to presentence investigation reports

 

prepared before April 1, 1983.

 

     (2) Not later than 42 days before a prisoner's parole

 

interview, the department shall send written notice by first-class

 

mail or by electronic means to the prosecuting attorney for each

 

county in which the prisoner was convicted. The notice shall state

 

the prisoner's name, the location and time of the scheduled

 

interview, and any other information necessary for the prosecuting

 

attorney to appear at the hearing to make a statement to the parole

 

board or to submit a statement for consideration by the parole

 

board.

 

     (3) If the department proposes to place a prisoner on parole

 

without being interviewed, the department shall send written notice

 

of the proposed parole placement by first-class mail or by

 

electronic means to the prosecuting attorney for each county in

 

which the prisoner was convicted, not later than 42 days before the

 

proposed date on which the prisoner will be placed on parole. The

 

prosecuting attorney may submit a statement to the parole board

 

that provides the prosecuting attorney's reasons for objecting to

 

the proposed parole. If the prosecuting attorney submits a

 

statement objecting to parole, the board shall either deny the

 

parole or conduct an interview under subsection (2).

 

     (4) (2) Beginning on the date on which the administrative

 

rules prescribing the parole guidelines take effect pursuant to

 

section 33e(5) January 26, 1996, if, after evaluating a prisoner

 

according to the parole guidelines, the parole board determines

 

that the prisoner has a low probability of being paroled and the

 

parole board therefore does not intend to parole the prisoner, the

 

parole board shall is not be required to interview the prisoner

 

before denying parole to the prisoner.

 

     (5) (3) The parole board may consider but shall not base a

 

determination to deny parole solely on either of the following:

 

     (a) A prisoner's marital history.

 

     (b) Prior arrests not resulting in conviction or adjudication

 

of delinquency.

 

     (6) (4) If an interview is to be conducted, the prisoner shall

 

be sent a notice of intent to conduct an interview at least 1 month

 

before the date of the interview. The notice shall state the

 

specific issues and concerns that shall be discussed at the

 

interview and that may be a basis for a denial of parole. A denial

 

of parole shall not be based on reasons other than those stated in

 

the notice of intent to conduct an interview except for good cause

 

stated to the prisoner at or before the interview and in the

 

written explanation required by subsection (12) (14). This

 

subsection does not apply until April 1, 1983.

 

     (7) (5) Except for good cause, the parole board member

 

conducting the interview shall not have cast a vote for or against

 

the prisoner's release before conducting the current interview.

 

Before the interview, the parole board member who is to conduct the

 

interview shall review pertinent information relative to the notice

 

of intent to conduct an interview.

 

     (8) (6) A prisoner may waive the right to an interview by 1

 

member of the parole board. The waiver of the right to be

 

interviewed shall be given not more than 30 days after the notice

 

of intent to conduct an interview is issued and shall be made in

 

writing. During the interview held pursuant to a notice of intent

 

to conduct an interview, the prisoner may be represented by an

 

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

 

another prisoner or an attorney. A prisoner is not entitled to

 

appointed counsel at public expense. The prisoner or representative

 

may present relevant evidence in support of release. This

 

subsection does not apply until April 1, 1983.

 

     (9) (7) At least 90 days before the expiration of the

 

prisoner's minimum sentence less applicable good time and

 

disciplinary credits for a prisoner eligible for good time or

 

disciplinary credits, or at least 90 days before the expiration of

 

the prisoner's minimum sentence for a prisoner subject to

 

disciplinary time, or the expiration of a 12-month continuance for

 

any prisoner, a parole eligibility report shall be prepared by

 

appropriate institutional staff. The parole eligibility report

 

shall be considered pertinent information for purposes of

 

subsection (5) (7). The report shall include all of the following:

 

     (a) A statement of all major misconduct charges of which the

 

prisoner was found guilty and the punishment served for the

 

misconduct.

 

     (b) The prisoner's work and educational record while confined.

 

     (c) The results of any physical, mental, or psychiatric

 

examinations of the prisoner that may have been performed.

 

     (d) Whether the prisoner fully cooperated with the state by

 

providing complete financial information as required under section

 

3a of the state correctional facility reimbursement act, 1935 PA

 

253, MCL 800.403a.

 

     (e) For a prisoner subject to disciplinary time, a statement

 

of all disciplinary time submitted for the parole board's

 

consideration pursuant to under section 34 of 1893 PA 118, MCL

 

800.34.

 

     (10) (8) The preparer of the report shall not include a

 

recommendation as to release on parole.

 

     (11) (9) Psychological evaluations performed at the request of

 

the parole board to assist it in reaching a decision on the release

 

of a prisoner may be performed by the same person who provided the

 

prisoner with therapeutic treatment, unless a different person is

 

requested by the prisoner or parole board.

 

     (12) (10) The parole board may grant a medical parole for a

 

prisoner determined to be physically or mentally incapacitated. A

 

decision to grant a medical parole shall be initiated upon the

 

recommendation of the bureau of health care services and shall be

 

reached only after a review of the medical, institutional, and

 

criminal records of the prisoner.

 

     (13) (11) The department shall submit a petition to the

 

appropriate court under section 434 of the mental health code, 1974

 

PA 258, MCL 330.1434, for any prisoner being paroled or being

 

released after serving his or her maximum sentence whom the

 

department considers to be a person requiring treatment. The parole

 

board shall require mental health treatment as a special condition

 

of parole for any parolee whom the department has determined to be

 

a person requiring treatment whether or not the petition filed for

 

that prisoner is granted by the court. As used in this subsection,

 

"person requiring treatment" means that term as defined in section

 

401 of the mental health code, 1974 PA 258, MCL 330.1401.

 

     (14) (12) When the parole board makes a final determination

 

not to release a prisoner, the prisoner shall be provided with a

 

written explanation of the reason for denial and, if appropriate,

 

specific recommendations for corrective action the prisoner may

 

take to facilitate release.

 

     (15) (13) This section does not apply to the placement on

 

parole of a person in conjunction with special alternative

 

incarceration under section 34a(7).