Bill Text: MI HB5638 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Corrections; parole; criteria for placement on parole; modify. Amends secs. 33, 33e, 34 & 35 of 1953 PA 232 (MCL 791.233 et seq.) & adds sec. 32.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2014-06-10 - Printed Bill Filed 06/05/2014 [HB5638 Detail]

Download: Michigan-2013-HB5638-Introduced.html

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HOUSE BILL No. 5638

 

June 5, 2014, Introduced by Reps. Oakes and Durhal and referred to the Committee on Judiciary.

 

     A bill to amend 1953 PA 232, entitled

 

"Corrections code of 1953,"

 

by amending sections 33, 33e, 34, and 35 (MCL 791.233, 791.233e,

 

791.234, and 791.235), section 33 as amended by 1998 PA 320,

 

section 33e as added by 1992 PA 181, section 34 as amended by 2010

 

PA 353, and section 35 as amended by 2012 PA 24, and by adding

 

section 32.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 32. As used in sections 33, 33e, and 35, "validated risk

 

assessment instrument" means an objective and comprehensive

 

analysis of a prisoner's criminal history and background, and his

 

or her behavior while in the correctional facility, that is used to

 

validly predict the risk the prisoner would present to the public

 

safety if and when he or she is released.

 

     Sec. 33. (1) The grant of a parole is subject to all of the

 

following:

 

     (a) A prisoner shall not be given liberty on parole until the

 

board has reasonable assurance, after consideration of all of the

 

facts and circumstances, including the prisoner's mental and social

 

attitude, report of a validated risk assessment instrument, that

 

the prisoner will not become a menace to society or to the public

 

safety.

 

     (b) Except as provided in section 34a, a parole shall not be

 

granted to a prisoner other than a prisoner subject to disciplinary

 

time until the prisoner has served the minimum term imposed by the

 

court less allowances for good time or special good time to which

 

the prisoner may be entitled by statute, except that a prisoner

 

other than a prisoner subject to disciplinary time is eligible for

 

parole before the expiration of his or her minimum term of

 

imprisonment whenever the sentencing judge, or the judge's

 

successor in office, gives written approval of the parole of the

 

prisoner before the expiration of the minimum term of imprisonment.

 

     (c) Except as provided in section 34a, and notwithstanding the

 

provisions of subdivision (b), a parole shall not be granted to a

 

prisoner other than a prisoner subject to disciplinary time

 

sentenced for the commission of a crime described in section 33b(a)

 

to (cc) until the prisoner has served the minimum term imposed by

 

the court less an allowance for disciplinary credits as provided in

 

section 33(5) of 1893 PA 118, MCL 800.33. A prisoner described in

 

this subdivision is not eligible for special parole.

 

     (d) Except as provided in section 34a, a parole shall not be

 

granted to a prisoner subject to disciplinary time until the

 

prisoner has served the minimum term imposed by the court.

 

     (e) A prisoner shall not be released on parole until the

 

parole board has satisfactory evidence that arrangements have been

 

made The department shall implement and administer evidence-based

 

programming in response to validated assessment instruments to

 

ensure that prisoners are prepared for such honorable and useful

 

employment as the prisoner is capable of performing, for the

 

prisoner's education, or for the prisoner's care if the prisoner is

 

mentally or physically ill or incapacitated. The parole board shall

 

impose conditions of parole as required to ensure that each

 

prisoner participates in evidence-based programming identified by

 

the department and designed to address the prisoner's educational,

 

vocational, and social needs, including obtaining a high school

 

diploma or general educational development (GED) certificate.

 

     (f) A prisoner whose minimum term of imprisonment is 2 years

 

or more shall not be released on parole unless he or she has either

 

earned a high school diploma or earned its equivalent in the form

 

of a general education development (GED) certificate. The director

 

of the department may waive the restriction imposed by this

 

subdivision as to any prisoner who is over the age of 65 or who was

 

gainfully employed immediately before committing the crime for

 

which he or she was incarcerated. The department of corrections may

 

also waive the restriction imposed by this subdivision as to any

 

prisoner who has a learning disability, who does not have the

 

necessary proficiency in English, or who for some other reason that

 

is not the fault of the prisoner is unable to successfully complete

 

the requirements for a high school diploma or a general education

 

development certificate. If the prisoner does not have the

 

necessary proficiency in English, the department of corrections

 

shall provide English language training for that prisoner necessary

 

for the prisoner to begin working toward the completion of the

 

requirements for a general education development certificate. This

 

subdivision applies to prisoners sentenced for crimes committed

 

after December 15, 1998. In providing an educational program

 

leading to a high school degree or general education development

 

certificate, the department shall give priority to prisoners

 

sentenced for crimes committed on or before December 15, 1998.

 

     (2) Except as provided in section 34a and subsection (3), a

 

prisoner who has a parole guideline of high or average probability

 

under section 33e shall be placed on parole when the prisoner has

 

served the minimum sentence imposed by the court less any

 

applicable good time allowances or disciplinary credits, except

 

that the parole board may defer a prisoner's parole until after

 

that date, but not later than the date on which he or she has

 

served 120% of the minimum sentence, for either of the following

 

reasons:

 

     (a) To allow the prisoner to complete required programs that

 

are determined by the department or the parole board to reduce the

 

risk to the public safety from the prisoner's release.

 

     (b) To allow a period of time for the prisoner to demonstrate

 

positive institutional conduct.

 

     (3) Subsection (2) does not apply to any of the following

 

prisoners:

 

     (a) A prisoner sentenced for a felony for which the maximum

 

penalty is imprisonment for life.

 

     (b) A prisoner who has pending felony charges or detainers.

 

     (c) A prisoner who was interviewed by the parole board and

 

denied parole under section 33e(5).

 

     (4) Any prisoner not placed on parole under subsection (2) who

 

has served his or her minimum sentence shall be placed on parole

 

not later than 9 months before the expiration of the prisoner's

 

maximum sentence in order to ensure a period of intensive

 

supervision in the community.

 

     (5) A prisoner whose parole is rescinded under section 41

 

shall be placed on parole again not more than 9 months following

 

the date on which parole was rescinded, unless the prisoner's

 

conduct that led to the parole rescission involved possession or

 

use of a weapon or injury to a victim, or resulted from a second or

 

subsequent parole violation, in which case the parole board shall

 

place the prisoner on parole again at its discretion.

 

     (6) (2) Paroles-in-custody to answer warrants filed by local

 

or out-of-state agencies, or immigration officials, are permissible

 

if an accredited agent of the agency filing the warrant calls for

 

the prisoner to be paroled in custody.

 

     (7) (3) Pursuant to Under the administrative procedures act of

 

1969, 1969 PA 306, MCL 24.201 to 24.328, the parole board may

 

promulgate rules not inconsistent with this act with respect to

 

conditions to be imposed upon prisoners paroled under this act.

 

     Sec. 33e. (1) The department shall develop parole guidelines

 

that are consistent with section 33(1)(a) and that shall govern the

 

exercise of the parole board's discretion pursuant to under

 

sections 34 and 35 as to the release of prisoners on parole under

 

this act. The purpose of the parole guidelines shall be to assist

 

the parole board in making release decisions that enhance the

 

public safety.

 

     (2) In developing the parole guidelines, the department shall

 

use a validated risk assessment instrument. The department shall

 

consider factors including, but not limited to, the following in

 

the development of the parole guidelines:

 

     (a) The offense for which the prisoner is incarcerated at the

 

time of parole consideration.

 

     (a) (b) The prisoner's institutional program performance.

 

     (b) (c) The prisoner's institutional conduct.

 

     (c) (d) The prisoner's prior criminal record. As used in this

 

subdivision, "prior criminal record" means the recorded criminal

 

history of a prisoner, including all misdemeanor and felony

 

convictions, probation violations, juvenile adjudications for acts

 

that would have been crimes if committed by an adult, parole

 

failures, and delayed sentences.

 

     (d) (e) Other relevant factors as determined by the

 

department, if not otherwise prohibited by law.

 

     (3) In developing the parole guidelines, the department may

 

consider both of the following factors:

 

     (a) The prisoner's statistical risk screening.

 

     (b) The prisoner's age.

 

     (3) (4) The department shall ensure that the parole guidelines

 

do not create disparities in release decisions based on race,

 

color, national origin, gender, religion, or disability.

 

     (4) (5) The department shall promulgate rules pursuant to

 

under the administrative procedures act of 1969, Act No. 306 of the

 

Public Acts of 1969, being sections 24.201 to 24.328 of the

 

Michigan Compiled Laws, which shall 1969 PA 306, MCL 24.201 to

 

24.328, that prescribe the parole guidelines. The department shall

 

submit the proposed rules to the joint committee on administrative

 

rules not later than April 1, 1994. Until the rules take effect,

 

the director shall require that the parole guidelines be considered

 

by the parole board in making release decisions. After the rules

 

take effect, the director shall require that the parole board

 

follow the parole guidelines.

 

     (5) (6) The parole board may depart from the parole guidelines

 

by denying parole to a prisoner who has a high probability of

 

parole as determined under the parole guidelines or by granting

 

parole to a prisoner who has a low probability of parole as

 

determined under the parole guidelines. A departure under this

 

subsection shall be for substantial and compelling reasons stated

 

in writing. The parole board shall not use a prisoner's gender,

 

race, ethnicity, alienage, national origin, or religion to depart

 

from the recommended parole guidelines. The following are the only

 

reasons for departing from a parole guideline of high probability

 

of parole:

 

     (a) The prisoner's current psychological state as determined

 

by a psychiatrist based on a diagnosis of serious mental illness

 

and psychopathology would pose a significant risk to the public

 

safety if the prisoner were released to parole.

 

     (b) The prisoner has demonstrated continued risk to the public

 

safety through serious institutional misconduct.

 

     (c) The prisoner is serving a sentence for which the maximum

 

penalty is imprisonment for life.

 

     (d) The prisoner has pending felony charges or detainers.

 

     (e) A validated risk assessment instrument has deemed that the

 

prisoner's risk of reoffending is high, in the absence of a reentry

 

plan such that the prisoner cannot be effectively managed in the

 

community.

 

     (6) (7) Not less than once every 2 years, the department shall

 

review the correlation between the implementation of the parole

 

guidelines and the recidivism rate of paroled prisoners, and shall

 

submit to the joint committee on administrative rules any proposed

 

revisions to the administrative rules that the department considers

 

appropriate after conducting the review.

 

     Sec. 34. (1) Except as provided in section 34a, a prisoner

 

sentenced to an indeterminate sentence and confined in a state

 

correctional facility with a minimum in terms of years other than a

 

prisoner subject to disciplinary time is subject to the

 

jurisdiction of the parole board when the prisoner has served a

 

period of time equal to the minimum sentence imposed by the court

 

for the crime of which he or she was convicted, less good time and

 

disciplinary credits, if applicable.

 

     (2) Except as provided in section 34a, a prisoner subject to

 

disciplinary time sentenced to an indeterminate sentence and

 

confined in a state correctional facility with a minimum in terms

 

of years is subject to the jurisdiction of the parole board when

 

the prisoner has served a period of time equal to the minimum

 

sentence imposed by the court for the crime of which he or she was

 

convicted.

 

     (3) If a prisoner other than a prisoner subject to

 

disciplinary time is sentenced for consecutive terms, whether

 

received at the same time or at any time during the life of the

 

original sentence, the parole board has jurisdiction over the

 

prisoner for purposes of parole when the prisoner has served the

 

total time of the added minimum terms, less the good time and

 

disciplinary credits allowed by statute. The maximum terms of the

 

sentences shall be added to compute the new maximum term under this

 

subsection, and discharge shall be issued only after the total of

 

the maximum sentences has been served less good time and

 

disciplinary credits, unless the prisoner is paroled and discharged

 

upon satisfactory completion of the parole.

 

     (4) If a prisoner subject to disciplinary time is sentenced

 

for consecutive terms, whether received at the same time or at any

 

time during the life of the original sentence, the parole board has

 

jurisdiction over the prisoner for purposes of parole when the

 

prisoner has served the total time of the added minimum terms. The

 

maximum terms of the sentences shall be added to compute the new

 

maximum term under this subsection, and discharge shall be issued

 

only after the total of the maximum sentences has been served,

 

unless the prisoner is paroled and discharged upon satisfactory

 

completion of the parole.

 

     (5) If a prisoner other than a prisoner subject to

 

disciplinary time has 1 or more consecutive terms remaining to

 

serve in addition to the term he or she is serving, the parole

 

board may terminate the sentence the prisoner is presently serving

 

at any time after the minimum term of the sentence has been served.

 

     (6) A prisoner sentenced to imprisonment for life for any of

 

the following is not eligible for parole and is instead subject to

 

the provisions of section 44:

 

     (a) First degree murder in violation of section 316 of the

 

Michigan penal code, 1931 PA 328, MCL 750.316.

 

     (b) A violation of section 16(5) or 18(7) of the Michigan

 

penal code, 1931 PA 328, MCL 750.16 and 750.18.

 

     (c) A violation of chapter XXXIII of the Michigan penal code,

 

1931 PA 328, MCL 750.200 to 750.212a.

 

     (d) A violation of section 17764(7) of the public health code,

 

1978 PA 368, MCL 333.17764.

 

     (e) First degree criminal sexual conduct in violation of

 

section 520b(2)(c) of the Michigan penal code, 1931 PA 328, MCL

 

750.520b.

 

     (f) Any other violation for which parole eligibility is

 

expressly denied under state law.

 

     (7) A prisoner sentenced to imprisonment for life, other than

 

a prisoner described in subsection (6), is subject to the

 

jurisdiction of the parole board and may be placed on parole

 

according to the conditions prescribed in subsection (8) if he or

 

she meets any of the following criteria:

 

     (a) Except as provided in subdivision (b) or (c), the prisoner

 

has served 10 calendar years of the sentence for a crime committed

 

before October 1, 1992 or 15 calendar years of the sentence for a

 

crime committed on or after October 1, 1992.

 

     (b) Except as provided in subsection (12), the prisoner has

 

served 20 calendar years of a sentence for violating, or attempting

 

or conspiring to violate, section 7401(2)(a)(i) of the public health

 

code, 1978 PA 368, MCL 333.7401, and has another conviction for a

 

serious crime.

 

     (c) Except as provided in subsection (12), the prisoner has

 

served 17-1/2 calendar years of the sentence for violating, or

 

attempting or conspiring to violate, section 7401(2)(a)(i) of the

 

public health code, 1978 PA 368, MCL 333.7401, and does not have

 

another conviction for a serious crime.

 

     (8) A parole granted to a prisoner under subsection (7) is

 

subject to the following conditions:

 

     (a) At the conclusion of 10 calendar years of the prisoner's

 

sentence and thereafter as determined by the parole board until the

 

prisoner is paroled, discharged, or deceased, and in accordance

 

with the procedures described in subsection (9), 1 member of the

 

parole board shall interview the prisoner. The interview schedule

 

prescribed in this subdivision applies to all prisoners to whom

 

subsection (7) applies, regardless of the date on which they were

 

sentenced.

 

     (b) In addition to the interview schedule prescribed in

 

subdivision (a), the parole board shall review the prisoner's file

 

at the conclusion of 15 calendar years of the prisoner's sentence

 

and every 5 years thereafter until the prisoner is paroled,

 

discharged, or deceased. A prisoner whose file is to be reviewed

 

under this subdivision shall be notified of the upcoming file

 

review at least 30 days before the file review takes place and

 

shall be allowed to submit written statements or documentary

 

evidence for the parole board's consideration in conducting the

 

file review.

 

     (c) A decision to grant or deny parole to the prisoner shall

 

not be made until after a public hearing held in the manner

 

prescribed for pardons and commutations in sections 44 and 45.

 

Notice of the public hearing shall be given to the sentencing

 

judge, or the judge's successor in office, and parole shall not be

 

granted if the sentencing judge, or the judge's successor in

 

office, files written objections to the granting of the parole

 

within 30 days of receipt of the notice of hearing. The written

 

objections shall be made part of the prisoner's file.

 

     (d) A parole granted under subsection (7) shall be for a

 

period of not less than 4 years and subject to the usual rules

 

pertaining to paroles granted by the parole board. A parole granted

 

under subsection (7) is not valid until the transcript of the

 

record is filed with the attorney general whose certification of

 

receipt of the transcript shall be returnable to the office of the

 

parole board within 5 days. Except for medical records protected

 

under section 2157 of the revised judicature act of 1961, 1961 PA

 

236, MCL 600.2157, the file of a prisoner granted a parole under

 

subsection (7) is a public record.

 

     (9) An interview conducted under subsection (8)(a) is subject

 

to both of the following requirements:

 

     (a) The prisoner shall be given written notice, not less than

 

30 days before the interview date, stating that the interview will

 

be conducted.

 

     (b) The prisoner may be represented at the interview by an

 

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

 

another prisoner. A prisoner is not entitled to appointed counsel

 

at public expense. The prisoner or representative may present

 

relevant evidence in favor of holding a public hearing as allowed

 

in subsection (8)(b).(8)(c).

 

     (10) In determining whether a prisoner convicted of violating,

 

or attempting or conspiring to violate, section 7401(2)(a)(i) of the

 

public health code, 1978 PA 368, MCL 333.7401, and sentenced to

 

imprisonment for life before October 1, 1998 is to be released on

 

parole, the parole board shall consider all of the following:

 

     (a) Whether the violation was part of a continuing series of

 

violations of section 7401 or 7403 of the public health code, 1978

 

PA 368, MCL 333.7401 and 333.7403, by that individual.

 

     (b) Whether the violation was committed by the individual in

 

concert with 5 or more other individuals.

 

     (c) Any of the following:

 

     (i) Whether the individual was a principal administrator,

 

organizer, or leader of an entity that the individual knew or had

 

reason to know was organized, in whole or in part, to commit

 

violations of section 7401 or 7403 of the public health code, 1978

 

PA 368, MCL 333.7401 and 333.7403, and whether the violation for

 

which the individual was convicted was committed to further the

 

interests of that entity.

 

     (ii) Whether the individual was a principal administrator,

 

organizer, or leader of an entity that the individual knew or had

 

reason to know committed violations of section 7401 or 7403 of the

 

public health code, 1978 PA 368, MCL 333.7401 and 333.7403, and

 

whether the violation for which the individual was convicted was

 

committed to further the interests of that entity.

 

     (iii) Whether the violation was committed in a drug-free school

 

zone.

 

     (iv) Whether the violation involved the delivery of a

 

controlled substance to an individual less than 17 years of age or

 

possession with intent to deliver a controlled substance to an

 

individual less than 17 years of age.

 

     (11) Except as provided in section 34a, a prisoner's release

 

on parole is discretionary with the parole board. The action of the

 

parole board in granting a parole is appealable by the prosecutor

 

of the county from which the prisoner was committed or the victim

 

of the crime for which the prisoner was convicted. The appeal shall

 

be to the circuit court in the county from which the prisoner was

 

committed, by leave of the court.

 

     (12) If the sentencing judge, or his or her successor in

 

office, determines on the record that a prisoner described in

 

subsection (7)(b) or (c) sentenced to imprisonment for life for

 

violating, or attempting or conspiring to violate, section

 

7401(2)(a)(i) of the public health code, 1978 PA 368, MCL 333.7401,

 

has cooperated with law enforcement, the prisoner is subject to the

 

jurisdiction of the parole board and may be released on parole as

 

provided in subsection (7)(b) or (c) 2-1/2 years earlier than the

 

time otherwise indicated in subsection (7)(b) or (c). The prisoner

 

is considered to have cooperated with law enforcement if the court

 

determines on the record that the prisoner had no relevant or

 

useful information to provide. The court shall not make a

 

determination that the prisoner failed or refused to cooperate with

 

law enforcement on grounds that the defendant exercised his or her

 

constitutional right to trial by jury. If the court determines at

 

sentencing that the defendant cooperated with law enforcement, the

 

court shall include its determination in the judgment of sentence.

 

     (13) Notwithstanding subsections (1) and (2), an individual

 

convicted of violating, or attempting or conspiring to violate,

 

section 7401(2)(a)(i) or 7403(2)(a)(i) of the public health code,

 

1978 PA 368, MCL 333.7401 and 333.7403, whose offense occurred

 

before March 1, 2003, and who was sentenced to a term of years, is

 

eligible for parole after serving 20 years of the sentence imposed

 

for the violation if the individual has another serious crime or

 

17-1/2 years of the sentence if the individual does not have

 

another conviction for a serious crime, or after serving the

 

minimum sentence imposed for that violation, whichever is less.

 

     (14) Notwithstanding subsections (1) and (2), an individual

 

who was convicted of violating, or attempting or conspiring to

 

violate, section 7401(2)(a)(ii) or 7403(2)(a)(ii) of the public

 

health code, 1978 PA 368, MCL 333.7401 and 333.7403, whose offense

 

occurred before March 1, 2003, and who was sentenced according to

 

those sections as they existed before March 1, 2003, is eligible

 

for parole after serving the minimum of each sentence imposed for

 

that violation or 10 years of each sentence imposed for that

 

violation, whichever is less.

 

     (15) Notwithstanding subsections (1) and (2), an individual

 

who was convicted of violating, or attempting or conspiring to

 

violate, section 7401(2)(a)(iii) or 7403(2)(a)(iii) of the public

 

health code, 1978 PA 368, MCL 333.7401 and 333.7403, whose offense

 

occurred before March 1, 2003, and who was sentenced according to

 

those sections as they existed before March 1, 2003, is eligible

 

for parole after serving the minimum of each sentence imposed for

 

that violation or 5 years of each sentence imposed for that

 

violation, whichever is less.

 

     (16) Notwithstanding subsections (1) and (2), an individual

 

who was convicted of violating, or attempting or conspiring to

 

violate, section 7401(2)(a)(iv) or 7403(2)(a)(iv) of the public

 

health code, 1978 PA 368, MCL 333.7401 and 333.7403, whose offense

 

occurred before March 1, 2003, who was sentenced according to those

 

sections of law as they existed before March 1, 2003 to consecutive

 

terms of imprisonment for 2 or more violations of section

 

7401(2)(a) or 7403(2)(a), is eligible for parole after serving 1/2

 

of the minimum sentence imposed for each violation of section

 

7401(2)(a)(iv) or 7403(2)(a)(iv). This subsection applies only to

 

sentences imposed for violations of section 7401(2)(a)(iv) or

 

7403(2)(a)(iv) and does not apply if the sentence was imposed for a

 

conviction for a new offense committed while the individual was on

 

probation or parole.

 

     (17) The parole board shall provide notice to the prosecuting

 

attorney of the county in which the individual was convicted before

 

granting parole to the individual under subsection (13), (14),

 

(15), or (16).

 

     (18) As used in this section:

 

     (a) "Serious crime" means violating or conspiring to violate

 

article 7 of the public health code, 1978 PA 368, MCL 333.7101 to

 

333.7545, that is punishable by imprisonment for more than 4 years,

 

or an offense against a person in violation of section 83, 84, 86,

 

87, 88, 89, 316, 317, 321, 349, 349a, 350, 397, 520b, 520c, 520d,

 

520g, 529, 529a, or 530 of the Michigan penal code, 1931 PA 328,

 

MCL 750.83, 750.84, 750.86, 750.87, 750.88, 750.89, 750.316,

 

750.317, 750.321, 750.349, 750.349a, 750.350, 750.397, 750.520b,

 

750.520c, 750.520d, 750.520g, 750.529, 750.529a, and 750.530.

 

     (b) "State correctional facility" means a facility that houses

 

prisoners committed to the jurisdiction of the department.

 

     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). 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, 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) The results on any validated risk assessment instruments.

 

     (e) (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.

 

     (f) (e) Whether the prisoner refused to attempt to obtain

 

identification documents under section 34c, if applicable.

 

     (g) (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. 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.

 

     (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.

 

     (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.

 

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

 

a person in conjunction with special alternative incarceration

 

under section 34a(7).