Bill Text: MI HB5216 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Corrections; parole; issuance by department of corrections of certificate of employability to certain prisoners; allow. Amends 1953 PA 232 (MCL 791.201 - 791.285) by adding sec. 34d.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Passed) 2014-12-17 - Assigned Pa 359'14 With Immediate Effect [HB5216 Detail]
Download: Michigan-2013-HB5216-Engrossed.html
HB-5216, As Passed House, April 29, 2014
SUBSTITUTE FOR
HOUSE BILL NO. 5216
A bill to amend 1953 PA 232, entitled
"Corrections code of 1953,"
(MCL 791.201 to 791.285) by adding section 34d.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 34d. (1) When a prisoner is released, the department
shall issue to that prisoner documents regarding all of the
following:
(a) The prisoner's criminal convictions.
(b) The prisoner's institutional history including all of the
following:
(i) Any record of institutional misconduct.
(ii) Whether the prisoner successfully completed programming
provided by the department or a person or entity under contract
House Bill No. 5216 (H-2) as amended April 17, 2014
with the department.
(iii) Whether the prisoner obtained a general education
development certificate (GED) or other educational degree.
(iv) The prisoner's institutional work record.
(c) Other information considered relevant by the department.
(2) In addition to the documents provided under subsection
(1), the department shall issue a certificate of employability
described in subsection (8) to a prisoner if all of the following
apply:
(a) The prisoner successfully completed a career and technical
education course.
(b) The prisoner received no major misconducts during the 2
years immediately preceding his or her release.
(c) The prisoner received no more than 3 minor misconducts
during the 2 years immediately preceding his or her release.
[(d) The prisoner received a silver level or better on his or her national work readiness certificate, or a similar score, as determined by the department, on an alternative job skills assessment test administered by the department.]
(3) A certificate of employability shall only be issued within
30 days before the prisoner is released from a correctional
facility under section 35 and shall be valid for 4 years after the
date it is issued unless otherwise revoked by the department. The
department shall revoke the certificate of employability if the
prisoner commits any criminal offense during the 30-day period
before release and may revoke the certificate of employability if
the prisoner has any institutional misconduct during that period.
The department shall revoke the certificate of employability of any
individual who commits a felony after receiving a certificate of
employability under this section and who is then placed under the
jurisdiction of the department for committing that felony.
(4) The department shall provide an individual with an
opportunity for a hearing before revoking a certificate of
employability under subsection (3). The hearing shall occur within
60 days after the individual is convicted of a criminal offense or
within 60 days after the department determines that the individual
is no longer a proper candidate for a certificate of employability
under this section. The revocation of a certificate of
employability is effective when the individual is notified of the
revocation.
(5) An individual shall not intentionally state or otherwise
represent that he or she has a valid certificate of employability
issued by the department knowing that the statement or
representation is false. An individual who violates this subsection
is guilty of a misdemeanor punishable by imprisonment for not more
than 93 days or a fine of not more than $500.00, or both.
(6) The revocation of a certificate of employability is for
purposes of subsection (5) only and does not affect the right of an
employer to rely on the validity of the certificate of
employability unless the employer knew before the individual was
employed that the certificate of employability was fraudulent.
(7) Upon request, the department shall confirm whether a
certificate of employability has been issued to a named individual
and whether the certificate is valid at the time of the inquiry and
at the department's response to that inquiry.
(8) A certificate of employability under this section shall be
on a form provided by the department.
(9) The department is not civilly liable for damages based
upon its decision to issue or to deny issuance of a certificate of
employability to any prisoner or for revoking or failing to revoke
a certificate of employability issued to any prisoner.
