Bill Text: MI HB5078 | 2015-2016 | 98th Legislature | Engrossed

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Bill Title: Corrections; parole; procedures for parole of prisoner who is determined to be medically frail; revise. Amends sec. 35 of 1953 PA 232 (MCL 791.235). TIE BAR WITH: HB 5079'15, HB 5080'15

Spectrum: Slight Partisan Bill (Republican 19-7)

Status: (Introduced - Dead) 2016-05-10 - Referred To Committee On Judiciary [HB5078 Detail]

Download: Michigan-2015-HB5078-Engrossed.html

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HB-5078, As Passed House, May 4, 2016

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 5078

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1953 PA 232, entitled

 

"Corrections code of 1953,"

 

by amending section 35 (MCL 791.235), as amended by 2012 PA 24.

 

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 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), 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). This

 

subdivision applies only to presentence investigation reports

 

prepared before April 1, 1983.

 

     (2) Beginning January 26, 1996, if, 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 is not required to interview the

 

prisoner before denying parole to the prisoner.

 

     (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.

 

     (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). This subsection

 

does not apply until April 1, 1983.(18).

 

     (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.

 

     (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.

 

     (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, or at the

 

request of the parole board for a prisoner being considered for

 

parole under subsection (10), 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). 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) Whether the prisoner refused to attempt to obtain

 

identification documents under section 34c, if applicable.

 

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

of all disciplinary time submitted for the parole board's

 

consideration under section 34 of 1893 PA 118, MCL 800.34.

 

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

 

recommendation as to release on parole.

 

     (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.

 

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

 

prisoner determined to be physically or mentally incapacitated.

 

medically frail. 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.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 to the bureau. The parole board, in consultation

 

with the bureau of health care services, shall determine whether

 

the prisoner is medically frail. The requirements of sections

 

33(1)(b), (c), (d), and (f), 33b, and 34(1), (2), (3), (4), (7),

 

(8)(c), (13), (14), (15), and (16) do not apply to a parole granted

 

under this subsection.

 

     (11) The following conditions apply to a parole granted under

 

subsection (10):

     (a) A prisoner shall only be released on parole under

 

subsection (10) if he or she agrees to all of the following:

 

     (i) His or her placement, or, if the prisoner is

 

incapacitated, an individual legally entitled to agree to the

 

prisoner's placement agrees that the prisoner be placed in a

 

medical facility where medical care and treatment are determined to

 

be appropriate for the parolee by the parole board.

 

     (ii) To the release of his or her medical records that are

 

directly relevant to the condition or conditions rendering the

 

prisoner medically frail to the prosecutor of the county from which

 

the prisoner was committed before the parole board determines

 

whether or not to grant the prisoner parole under subsection (10).

 

     (iii) If the prisoner is granted parole under subsection (10),

 

to the quarterly release of his or her medical records that are

 

directly relevant to the condition or conditions rendering the

 

prisoner medically frail at the request of the prosecutor of the

 

county from which the prisoner was committed. A prisoner's medical

 

records otherwise remain protected under section 2157 of the

 

revised judicature act of 1961, 1961 PA 236, MCL 600.2157, are not

 

public records, and do not become part of a parolee's public file.

 

     (b) The parolee shall adhere to the terms of his or her parole

 

for the length of his or her parole term.

 

     (c) The parole shall be for a term not less than the time

 

necessary to reach the prisoner's earliest release date.

 

     (d) A parolee who violates the terms of his or her parole or

 

is determined not to be eligible for parole under subsection (10)

 

may be transferred to a setting more appropriate for the medical

needs of the parolee or be subject to the parole violation process

 

under sections 38, 39, 39a, and 40a as determined by the parole

 

board and the department.

 

     (e) The parolee shall only be placed in a medical facility

 

that agrees to accept the parolee and that is agreed upon by the

 

parolee, as described in subdivision (a)(i), and the parole board.

 

     (12) The parole board shall monitor the medical condition of a

 

prisoner granted parole under subsection (10).

 

     (13) The department may enter into contracts to facilitate

 

parole under subsection (10).

 

     (14) The department shall not retain authority over the

 

medical treatment plan for a prisoner granted parole under

 

subsection (10).

 

     (15) The department and the parole board shall ensure that the

 

placement and terms and conditions of a parole granted under

 

subsection (10) do not violate any other state or federal

 

regulations.

 

     (16) A medical facility utilized by the department to

 

facilitate parole under subsection (10) shall be operated in a

 

manner that ensures the safety of the residents of the medical

 

facility and shall, when feasible, house prisoners granted parole

 

under subsection (10) and placed in the medical facility in close

 

proximity to one another, preferably in a single hallway or wing of

 

the medical facility.

 

     (17) (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.

 

     (18) (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.

 

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

 

parole of a person in conjunction with special alternative

 

incarceration under section 34a(7).

 

     (20) As used in this section:

 

     (a) "Activities of daily living" means basic personal care and

 

everyday activities as described in 42 CFR 441.505, including, but

 

not limited to, tasks such as eating, toileting, grooming,

 

dressing, bathing, and transferring from 1 physical position to

 

another, including, but not limited to, moving from a reclining

 

position to a sitting or standing position.

 

     (b) "Medical facility" means a hospital, hospice, nursing

 

home, or other housing accommodation providing medical treatment

 

suitable to the condition or conditions rendering the prisoner

 

medically frail.

     (c) "Medically frail" describes an individual who is a minimal

 

threat to society as a result of his or her medical condition, who

 

has received a risk score of low on a validated risk assessment,

 

whose ability to perform 2 or more activities of daily living is

 

significantly impaired, and who may have limited mobility and

 

ability to transfer from 1 physical position to another as the

 

result of 1 or more of the following conditions from which the

 

individual is not expected to recover:

 

     (i) A disabling mental disorder, including dementia,

 

Alzheimer's, or a similar degenerative brain disorder.

 

     (ii) A serious and complex medical condition.

 

     (iii) A physical disability.

 

     Enacting section 1. This amendatory act does not take effect

 

unless House Bill No. 5079 of the 98th Legislature is enacted into

 

law.