Bill Text: MI HB5078 | 2015-2016 | 98th Legislature | Introduced
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-Introduced.html
HOUSE BILL No. 5078
November 10, 2015, Introduced by Reps. Pscholka, Poleski, Bumstead, Durhal, Pagel, Victory, Heise, Crawford, Outman, Callton, VerHeulen, Inman, Cox, Garcia, Santana, Jenkins, Vaupel, Iden, Singh, Kelly, Yanez, Chang, Geiss, Plawecki, Howrylak and Forlini and referred to the Committee on Appropriations.
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, 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). (16). This
subsection does not apply until April 1, 1983.
(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.after a medical
examination by a medical professional employed by the department or
an entity with which the department has contracted for medical
services. 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), 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 both 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 or other location determined to be appropriate by
the board.
(ii) To an ongoing 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. 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) A parole under subsection (10) shall require that the
parolee remain at an approved location for the length of his or her
parole term.
(c) A parole granted under subsection (10) shall be for a term
not less than the time necessary to reach the prisoner's earliest
possible release date.
(d) A prisoner who is granted parole under subsection (10) and
who violates the terms of his or her parole or is determined not to
be eligible for parole under subsection (10) shall be returned to
the custody of the department unless he or she is otherwise
eligible for parole.
(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) A 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 facility.
(15) (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.
(16) (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.
(17) (13)
This section does not apply to the
placement on
parole of a person in conjunction with special alternative
incarceration under section 34a(7).
(18) As used in this section:
(a) "Medical facility" includes a hospital, hospice, nursing
home, or other housing accommodation providing medical treatment
suitable to a prisoner's medical or mental condition.
(b) "Medically frail" describes an individual with a disabling
mental disorder, a serious and complex medical condition, or a
physical or mental disability that significantly impairs the
individual's ability to perform 1 or more activities of daily
living and renders the individual a minimal threat to society.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 98th Legislature are
enacted into law:
(a) Senate Bill No. ____ or House Bill No. 5079 (request no.
02505'15).
(a) Senate Bill No. ____ or House Bill No. 5080 (request no.
02505'15 a).
