Bill Text: MI HB5234 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Corrections; jails; medical probation based on physical or mental incapacity and compassionate release based on imminent death; allow. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding secs. 3g & 3h to ch. XI.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-05-16 - Assigned Pa 149'18 With Immediate Effect [HB5234 Detail]
Download: Michigan-2017-HB5234-Introduced.html
HOUSE BILL No. 5234
November 8, 2017, Introduced by Reps. Howrylak, LaGrand, Pagel, Lucido, Chang, Schor, Robinson, McCready, Gay-Dagnogo, Reilly, Crawford, Kesto, Graves, Webber and Inman.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
(MCL 760.1 to 777.69) by adding sections 3g and 3h to chapter XI.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER XI
Sec. 3g. (1) A county sheriff may notify the court in writing
that a prisoner may be eligible for medical probation if the county
sheriff has consulted with a physician and the physician determined
either of the following:
(a) The prisoner is physically or mentally incapacitated due
to a medical condition that renders the prisoner unable to perform
activities of basic daily living, and the prisoner requires 24-hour
care. The physician shall evaluate when the physical or mental
incapacitation arose.
(b) The prisoner requires acute long-term medical treatment or
services.
(2) A county sheriff's notification submitted to the court
under subsection (1) must be accompanied with the evidence the
physician considered in making a determination under subsection
(1)(a) or (b).
(3) Subject to subsection (4), a court may enter an order of
probation placing a prisoner on medical probation under the charge
and supervision of a probation officer if the court finds that the
prisoner requires acute long-term medical treatment or services, or
that the prisoner is physically or mentally incapacitated with a
medical condition that renders the prisoner unable to perform
activities of basic daily living and the prisoner requires 24-hour
care.
(4) A court shall not place a prisoner on medical probation
unless all of the following apply:
(a) A placement option has been secured for the prisoner in
the community. A placement option may include, but is not limited
to, home confinement or a medical facility.
(b) The county sheriff has made a reasonable effort to
determine whether expenses related to the prisoner's placement
secured under subdivision (a) are covered by Medicaid, a health
care policy, a certificate of insurance, or another source for the
payment of medical expenses or whether the prisoner has sufficient
income or assets to pay for expenses related to the placement.
(c) The court conducted a public hearing in which the
prosecuting attorney of the county and each victim who requests and
is entitled to notice under the William Van Regenmorter crime
victim's rights act, 1985 PA 87, MCL 780.751 to 780.834, are
provided adequate notice of the hearing and an opportunity to be
heard during the hearing.
(5) If a court's placement of a prisoner on medical probation
results in expenses incurred by the county that are not covered by
a payment source identified under subsection (4)(b), to the extent
permitted under applicable law, the county may seek reimbursement
for those expenses.
(6) An order of medical probation entered under subsection (3)
may include as a condition of the medical probation that the
prisoner submit to reexamination by a physician to assess whether
the prisoner continues to meet the requirements for medical
probation under subsection (3). At any time while the prisoner is
placed on medical probation, the court or probation officer may
require the prisoner to submit to a reexamination. If, after the
prisoner is reexamined, the court finds that the requirements for
medical probation under subsection (3) are no longer met, the court
shall revoke medical probation and order the prisoner committed to
the county jail for a term of imprisonment that does not exceed the
penalty that was imposed, less time served, for the offense for
which the prisoner was originally convicted and placed on medical
probation.
(7) As used in this section and section 3h of this chapter:
(a) "County sheriff" includes the sheriff of a county in this
state or the sheriff's designee.
(b) "Physician" means that term as defined in section 17001 of
the public health code, 1978 PA 368, MCL 333.17001.
(c) "Prisoner" means an individual committed or sentenced to
imprisonment under section 28 of chapter IX.
Sec. 3h. (1) A county sheriff may notify the court in writing
that a prisoner may be eligible for compassionate release if the
county sheriff has consulted with a physician and the physician
determined that the prisoner has a life expectancy of not more than
6 months. The notification must be accompanied with the evidence
the physician considered in making the determination regarding the
prisoner's life expectancy.
(2) Subject to subsection (3), a court may grant compassionate
release to a prisoner if the court finds that the prisoner has a
life expectancy of not more than 6 months and that the release of
the prisoner would not reasonably pose a threat to public safety or
the prisoner. If a court grants a prisoner compassionate release,
the court shall enter an amended judgment of sentence specifying
that the prisoner is released from the term of imprisonment imposed
for the offense for which the prisoner was originally convicted.
(3) A court shall not grant a prisoner compassionate release
unless all of the following apply:
(a) A placement option has been secured for the prisoner in
the community. A placement option may include, but is not limited
to, placement in the prisoner's home or a medical facility.
(b) The sheriff has made a reasonable effort to determine
whether expenses related to the prisoner's placement secured under
subdivision (a) are covered by Medicaid, a health care policy, a
certificate of insurance, or another source for the payment of
medical expenses or whether the prisoner has sufficient income or
assets to pay for expenses related to the placement.
(c) The court conducted a public hearing in which the
prosecuting attorney of the county and each victim who requests and
is entitled to notice under the William Van Regenmorter crime
victim's rights act, 1985 PA 87, MCL 780.751 to 780.834, are
provided adequate notice of the hearing and an opportunity to be
heard during the hearing.
(4) If a court's grant of compassionate release to a prisoner
results in expenses incurred by the county that are not covered by
a payment source identified under subsection (3)(b), to the extent
permitted under applicable law, the county may seek reimbursement
for those expenses.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.