Bill Text: MI HB5665 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Corrections; prisoners; good time system; restore for all prisoners and eliminate disciplinary credits and disciplinary time. Amends secs. 20g, 33, 34, 34a, 35, 36, 51, 65 & 65a of 1953 PA 232 (MCL 791.220g et seq.) & repeals secs. 33b & 33c of 1953 PA 232 (MCL 791.233b & 791.233c). TIE BAR WITH: HB 5666'18, HB 5667'18

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-03-01 - Bill Electronically Reproduced 02/28/2018 [HB5665 Detail]

Download: Michigan-2017-HB5665-Introduced.html

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HOUSE BILL No. 5665

 

 

February 28, 2018, Introduced by Reps. Howrylak and LaGrand and referred to the Committee on Law and Justice.

 

     A bill to amend 1953 PA 232, entitled

 

"Corrections code of 1953,"

 

by amending sections 20g, 33, 34, 34a, 35, 36, 51, 65, and 65a (MCL

 

791.220g, 791.233, 791.234, 791.234a, 791.235, 791.236, 791.251,

 

791.265, and 791.265a), section 20g as amended by 2000 PA 211,

 

section 33 as amended by 2017 PA 14, section 34 as amended by 2016

 

PA 354, section 34a as amended by 2012 PA 259, section 35 as

 

amended by 2012 PA 24, section 36 as amended by 2012 PA 623,

 

section 51 as amended by 1998 PA 269, and sections 65 and 65a as

 

amended by 2012 PA 599; and to repeal acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 20g. (1) The department may establish a youth

 

correctional facility which shall must house only prisoners

 

committed to the jurisdiction of the department who are 19 years of

 

age or less. If the department establishes or contracts with a

 

private vendor for the operation of a youth correctional facility,

 

following intake processing in a department operated facility, the

 

department shall house all male prisoners who are 16 years of age

 

or less at the youth correctional facility unless the department

 

determines that the prisoner should be housed at a different

 

facility for reasons of security, safety, or because of the

 

prisoner's specialized physical or mental health care needs.

 

     (2) Except as provided in subsection (3), a prisoner who is 16

 

years of age or less and housed at a youth correctional facility

 

shall must only be placed in a general population housing unit with

 

prisoners who are 16 years of age or less.

 

     (3) A prisoner who becomes 17 years of age while being housed

 

at a youth correctional facility and who has a satisfactory prison

 

record may remain in a general population housing unit for no more

 

than 1 year with prisoners who are 16 years of age or less.

 

     (4) Except as provided in subsection (3), a prisoner who is 16

 

years of age or less and housed at a youth correctional facility

 

shall not be allowed to be in the proximity of a prisoner who is 17

 

years of age or more without the presence and direct supervision of

 

custody personnel in the immediate vicinity.

 

     (5) The department may establish and operate the youth

 

correctional facility or may contract on behalf of the state with a

 

private vendor for the construction or operation, or both, of the

 

youth correctional facility. If the department contracts with a

 

private vendor to construct, rehabilitate, develop, renovate, or

 

operate any existing or anticipated facility pursuant to under this

section, the department shall require a written certification from

 

the private vendor regarding all of the following:

 

     (a) If practicable to efficiently and effectively complete the

 

project, the private vendor shall follow a competitive bid process

 

for the construction, rehabilitation, development, or renovation of

 

the facility, and this process shall must be open to all Michigan

 

residents and firms. The private vendor shall not discriminate

 

against any contractor on the basis of its affiliation or

 

nonaffiliation with any collective bargaining organization.

 

     (b) The private vendor shall make a good faith effort to

 

employ, if qualified, Michigan residents at the facility.

 

     (c) The private vendor shall make a good faith effort to

 

employ or contract with Michigan residents and firms to construct,

 

rehabilitate, develop, or renovate the facility.

 

     (6) If the department contracts with a private vendor for the

 

operation of the youth correctional facility, the department shall

 

require by contract that the personnel employed by the private

 

vendor in the operation of the facility be certified as

 

correctional officers to the same extent as would be required if

 

those personnel were employed in a correctional facility operated

 

by the department. The department also shall require by contract

 

that the private vendor meet requirements specified by the

 

department regarding security, protection of the public,

 

inspections by the department, programming, liability and

 

insurance, conditions of confinement, educational services required

 

under subsection (11), and any other issues the department

 

considers necessary for the operation of the youth correctional

facility. The department shall also require that the contract

 

include provisions to protect the public's interest if the private

 

vendor defaults on the contract. Before finalizing a contract with

 

a private vendor for the construction or operation of the youth

 

correctional facility, the department shall submit the proposed

 

contract to the standing committees of the senate and the house of

 

representatives having jurisdiction of corrections issues, the

 

corrections subcommittees of the standing committees on

 

appropriations of the senate and the house of representatives, and,

 

with regard to proposed construction contracts, the joint committee

 

on capital outlay. A contract between the department and a private

 

vendor for the construction or operation of the youth correctional

 

facility shall be is contingent upon appropriation of the required

 

funding. If the department contracts with a private vendor under

 

this section, the selection of that private vendor shall must be by

 

open, competitive bid.

 

     (7) The department shall not site a youth correctional

 

facility under this section in a city, village, or township unless

 

the local legislative body of that city, village, or township

 

adopts a resolution approving the location.

 

     (8) A private vendor operating a youth correctional facility

 

under a contract under this section shall not do any of the

 

following, unless directed to do so by the department policy:

 

     (a) Calculate inmate release and parole eligibility dates.

 

     (b) Award good time. or disciplinary credits, or impose

 

disciplinary time.

 

     (c) Approve inmates for extensions of limits of confinement.

     (9) The youth correctional facility shall be open to visits

 

during all business hours, and during nonbusiness hours unless an

 

emergency prevents it, by any elected state senator or state

 

representative.

 

     (10) Once each year, the department shall report on the

 

operation of the facility. Copies of the report shall be submitted

 

to the chairpersons of the house and senate committees responsible

 

for legislation on corrections or judicial issues, and to the clerk

 

of the house of representatives and the secretary of the senate.

 

     (11) Regardless of whether the department itself operates the

 

youth correctional facility or contracts with a private vendor to

 

operate the youth correctional facility, all of the following

 

educational services shall be provided for juvenile prisoners

 

housed at the facility who have not earned a high school diploma or

 

received a general education certificate (GED):high school

 

equivalency certificate:

 

     (a) The department or private vendor shall require that a

 

prisoner whose academic achievement level is not sufficient to

 

allow the prisoner to participate effectively in a program leading

 

to the attainment of a GED high school equivalency certificate

 

participate in classes that will prepare him or her to participate

 

effectively in the GED high school equivalency certificate program,

 

and shall provide those classes in the facility.

 

     (b) The department or private vendor shall require that a

 

prisoner who successfully completes classes described in

 

subdivision (a), or whose academic achievement level is otherwise

 

sufficient, participate in classes leading to the attainment of a

GED high school equivalency certificate, and shall provide those

 

classes.

 

     (12) Neither the department nor the private vendor shall seek

 

to have the youth correctional facility authorized as a public

 

school academy under the revised school code, 1976 PA 451, MCL

 

380.1 to 380.1852.

 

     (13) A private vendor that operates the youth correctional

 

facility under a contract with the department shall provide written

 

notice of its intention to discontinue its operation of the

 

facility. This subsection does not authorize or limit liability for

 

a breach or default of contract. If the reason for the

 

discontinuance is that the private vendor intends not to renew the

 

contract, the notice shall must be delivered to the director of the

 

department at least 1 year before the contract expiration date. If

 

the discontinuance is for any other reason, the notice shall must

 

be delivered to the director of the department at least 6 months

 

before the date on which the private vendor will discontinue its

 

operation of the facility. This subsection does not authorize or

 

limit liability for a breach or default of contract.

 

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

 

following conditions:

 

     (a) A prisoner must 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, that the prisoner will not become a menace to society or

 

to the public safety.

 

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

 

granted to a prisoner subject to disciplinary time until the

 

prisoner has served the minimum term imposed by the court.

 

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

 

parole board has satisfactory evidence that arrangements have been

 

made 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.

 

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

years or more must not be released on parole unless he or she has

 

either earned a high school diploma or a high school equivalency

 

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 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 high school equivalency certificate. If the prisoner does not

 

have the necessary proficiency in English, the department shall

 

provide English language training for that prisoner necessary for

 

the prisoner to begin working toward the completion of the

 

requirements for a high school equivalency certificate. This

 

subdivision applies to prisoners sentenced for crimes committed

 

after December 15, 1998. In providing an educational program

 

leading to a high school diploma or a high school equivalency

 

certificate, the department shall give priority to prisoners

 

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

 

     (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.

 

     (3) The parole board may promulgate rules under the

 

administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

24.328, that are not inconsistent with this act with respect to

 

conditions imposed upon prisoners paroled under this act.

 

     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.

 

     (2) (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 must be added to compute the new maximum term under

 

this subsection, and discharge shall must 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.

 

     (3) (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.

 

     (4) (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.

 

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

 

than a prisoner described in subsection (6), (4), is subject to the

 

jurisdiction of the parole board and may be placed on parole

 

according to the conditions prescribed in subsection (8) (6) 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), (10), 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), (10), 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.

 

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

 

(5) 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), (7), 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) (5) 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 must be notified of the upcoming file

 

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

 

shall must 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

 

must 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 must be given to the sentencing

 

judge, or the judge's successor in office. Parole shall must not be

 

granted if the sentencing judge files written objections to the

 

granting of the parole within 30 days of receipt of the notice of

 

hearing, but the sentencing judge's written objections shall bar

 

parole only if the sentencing judge is still in office in the court

before which the prisoner was convicted and sentenced. A sentencing

 

judge's successor in office may file written objections to the

 

granting of parole, but a successor judge's objections shall not

 

bar the granting of parole under subsection (7). (5). If written

 

objections are filed by either the sentencing judge or the judge's

 

successor in office, they shall must be made part of the prisoner's

 

file.

 

     (d) A parole granted under subsection (7) shall (5) must 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) (5) is not valid until the transcript

 

of the record is filed with the attorney general whose

 

certification of receipt of the transcript shall must be returned

 

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) (5) is a public record.

 

     (7) (9) An interview conducted under subsection (8)(a) (6)(a)

 

is subject to both of the following requirements:

 

     (a) The prisoner shall must 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 must 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)(c).(6)(c).

 

     (8) (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.

 

     (9) (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 An appeal shall be filed under this subsection is to the

 

circuit court in the county from which the prisoner was committed,

 

by leave of the court.

 

     (10) (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) (5)(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) (5)(b) or (c) 2-

 

1/2 years earlier than the time otherwise indicated in subsection

 

(7)(b) or (c). (5)(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.

 

     (11) (13) Notwithstanding subsections (1) and (2), subsection

 

(1), 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.

 

     (12) (14) Notwithstanding subsections (1) and (2), subsection

 

(1), 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.

 

     (13) (15) Notwithstanding subsections (1) and (2), subsection

 

(1), 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.

 

     (14) (16) Notwithstanding subsections (1) and (2), subsection

 

(1), 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) of the public health code, 1978

 

PA 368, MCL 333.7401 and 333.7403, 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) of the public health code,

 

1978 PA 368, MCL 333.7401 and 333.7403. This subsection applies

 

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

 

or 7403(2)(a)(iv) of the public health code, 1978 PA 368, MCL

 

333.7401 and 333.7403, 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.

 

     (15) (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).(11), (12), (13), or (14).

     (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. 34a. (1) A prisoner sentenced to an indeterminate term of

 

imprisonment under the jurisdiction of the department, regardless

 

of when he or she was sentenced, shall be considered by the

 

department for placement in a special alternative incarceration

 

unit established under section 3 of the special alternative

 

incarceration act, 1988 PA 287, MCL 798.13, if the prisoner meets

 

the eligibility requirements of subsections (2) and (3). For a

 

prisoner committed to the jurisdiction of the department on or

 

after March 19, 1992, the department shall determine before the

 

prisoner leaves the reception center whether the prisoner is

 

eligible for placement in a special alternative incarceration unit,

 

although actual placement may take place at a later date. A

 

determination of eligibility does not guarantee placement in a

 

unit.

 

     (2) To be eligible for placement in a special alternative

incarceration unit, the prisoner shall must meet all of the

 

following requirements:

 

     (a) The prisoner's minimum sentence does not exceed either of

 

the following limits, as applicable:

 

     (i) Twenty-four months or less for a violation of section 110

 

or 110a of the Michigan penal code, 1931 PA 328, MCL 750.110 and

 

750.110a, if the violation involved any occupied dwelling house.

 

     (ii) Thirty-six months or less for any other crime.

 

     (b) The prisoner has never previously been placed in a special

 

alternative incarceration unit as either a prisoner or a

 

probationer, unless he or she was removed from a special

 

alternative incarceration unit for medical reasons as specified in

 

subsection (7).

 

     (c) The prisoner is physically able to participate in the

 

program.

 

     (d) The prisoner does not appear to have any mental disability

 

that would prevent participation in the program.

 

     (e) The prisoner is serving his or her first prison sentence.

 

     (f) At the time of sentencing, the judge did not prohibit

 

participation in the program in the judgment of sentence.

 

     (g) The prisoner is otherwise suitable for the program, as

 

determined by the department.

 

     (h) The prisoner is not serving a sentence for any of the

 

following crimes:

 

     (i) A violation of section 49, 80, 83, 89, 91, 157b, 158, 207,

 

260, 316, 317, 327, 328, 335a, 338, 338a, 338b, 349, 349a, 350,

 

422, 436, 511, 520b, 529, 529a, 531, or 544 of the Michigan penal

code, 1931 PA 328, MCL 750.49, 750.80, 750.83, 750.89, 750.91,

 

750.157b, 750.158, 750.207, 750.260, 750.316, 750.317, 750.327,

 

750.328, 750.335a, 750.338, 750.338a, 750.338b, 750.349, 750.349a,

 

750.350, 750.422, 750.436, 750.511, 750.520b, 750.529, 750.529a,

 

750.531, and 750.544, or former section 80 of that act.

 

     (ii) A violation of section 145c, 520c, 520d, or 520g of the

 

Michigan penal code, 1931 PA 328, MCL 750.145c, 750.520c, 750.520d,

 

and 750.520g.

 

     (iii) A violation of section 72, 73, or 75 of the Michigan

 

penal code, 1931 PA 328, MCL 750.72, 750.73, and 750.75.

 

     (iv) A violation of section 86, 112, 136b, 193, 195, 213, 319,

 

321, 329, or 397 of the Michigan penal code, 1931 PA 328, MCL

 

750.86, 750.112, 750.136b, 750.193, 750.195, 750.213, 750.319,

 

750.321, 750.329, and 750.397, or former section 319 of that act.

 

     (v) A violation of section 2 of 1968 PA 302, MCL 752.542.

 

     (vi) An attempt to commit a crime described in subparagraphs

 

(i) to (v).

 

     (vii) A violation occurring on or after January 1, 1992, of

 

section 625(4) or (5) of the Michigan vehicle code, 1949 PA 300,

 

MCL 257.625.

 

     (viii) A crime for which the prisoner was punished under

 

section 10, 11, or 12 of chapter IX of the code of criminal

 

procedure, 1927 PA 175, MCL 769.10, 769.11, and 769.12.

 

     (3) A prisoner who is serving a sentence for a violation of

 

section 7401 or 7403 of the public health code, 1978 PA 368, MCL

 

333.7401 and 333.7403, and who has previously been convicted for a

 

violation of section 7401 or 7403(2)(a), (b), or (e) of the public

health code, 1978 PA 368, MCL 333.7401 and 333.7403, is not

 

eligible for placement in a special alternative incarceration unit

 

until after he or she has served the equivalent of the mandatory

 

minimum sentence prescribed by statute for that violation.

 

     (4) If the sentencing judge prohibited a prisoner's

 

participation in the special alternative incarceration program in

 

the judgment of sentence, that prisoner shall must not be placed in

 

a special alternative incarceration unit. If the sentencing judge

 

permitted the prisoner's participation in the special alternative

 

incarceration program in the judgment of sentence, that prisoner

 

may be placed in a special alternative incarceration unit if the

 

department determines that the prisoner also meets the requirements

 

of subsections (2) and (3). If the sentencing judge neither

 

prohibited nor permitted a prisoner's participation in the special

 

alternative incarceration program in the judgment of sentence, and

 

the department determines that the prisoner meets the eligibility

 

requirements of subsections (2) and (3), the department shall

 

notify the judge or the judge's successor, the prosecuting attorney

 

for the county in which the prisoner was sentenced, and any victim

 

of the crime for which the prisoner was committed if the victim has

 

submitted to the department a written request for any notification

 

under section 19(1) of the William Van Regenmorter crime victim's

 

rights act, 1985 PA 87, MCL 780.769, of the proposed placement of

 

the prisoner in the special alternative incarceration unit. The

 

notices shall must be sent not later than 30 days before placement

 

is intended to occur. The department shall not place the prisoner

 

in a special alternative incarceration unit unless the sentencing

judge, or the judge's successor, notifies the department, in

 

writing, that he or she does not object to the proposed placement.

 

In making the decision on whether or not to object, the judge, or

 

judge's successor, shall review any impact statement submitted

 

under section 14 of the William Van Regenmorter crime victim's

 

rights act, 1985 PA 87, MCL 780.764, by the victim or victims of

 

the crime of which the prisoner was convicted.

 

     (5) Notwithstanding subsection (4), a prisoner shall must not

 

be placed in a special alternative incarceration unit unless the

 

prisoner consents to that placement and agrees that the department

 

may suspend or restrict privileges generally afforded other

 

prisoners including, but not limited to, the areas of visitation,

 

property, mail, publications, commissary, library, and telephone

 

access. However, the department may not suspend or restrict the

 

prisoner's access to the prisoner grievance system.

 

     (6) Notwithstanding subsections (4) and (5), a prisoner shall

 

must not be placed in a special alternative incarceration unit

 

unless all of the following conditions are met for the prisoner at

 

the special alternative incarceration unit:

 

     (a) Upon entry into the special alternative incarceration

 

unit, a validated risk and need assessment from which a prisoner-

 

specific transition accountability plan and prisoner-specific

 

programming during program enrollment are utilized.

 

     (b) Interaction with community-based service providers through

 

established prison in-reach services from the community to which

 

the prisoner will return is utilized.

 

     (c) Prisoner discharge planning is utilized.

     (d) Community follow-up services are utilized.

 

     (7) A prisoner may be placed in a special alternative

 

incarceration program for a period of not less than 90 days or more

 

than 120 days. If, during that period, the prisoner misses more

 

than 5 days of program participation due to medical excuse for

 

illness or injury occurring after he or she was placed in the

 

program, the period of placement shall be increased by the number

 

of days missed, beginning with the sixth day of medical excuse, up

 

to a maximum of 20 days. However, the total number of days a

 

prisoner may be placed in this program, including days missed due

 

to medical excuse, shall not exceed 120 days. A medical excuse

 

shall must be verified by a physician's statement. A prisoner who

 

is medically unable to participate in the program for more than 25

 

days shall be returned to a state correctional facility but may be

 

reassigned to the program if the prisoner meets the eligibility

 

requirements of subsections (2) and (3).

 

     (8) Upon certification of completion of the special

 

alternative incarceration program, the prisoner shall must be

 

placed on parole. A prisoner paroled under this section shall must

 

have conditions of parole as determined appropriate by the parole

 

board and shall must be placed on parole for not less than 18

 

months, or the balance of the prisoner's minimum sentence,

 

whichever is greater, with at least the first 120 days under

 

intensive supervision.

 

     (9) The parole board may suspend or revoke parole for any

 

prisoner paroled under this section subject to sections 39a and

 

40a. For a prisoner other than a prisoner subject to disciplinary

time, if If parole is revoked before the expiration of the

 

prisoner's minimum sentence, less disciplinary credits, good time,

 

the parole board shall forfeit, under section 33(13) 33(12) of 1893

 

PA 118, MCL 800.33, all disciplinary credits that were good time

 

accumulated during special alternative incarceration, and the

 

prisoner shall be considered for parole under section 35.

 

     (10) The department shall report annually to the legislature

 

the impact of the operation of this section, including a report

 

concerning recidivism.

 

     (11) The department shall contract annually for third-party

 

evaluations that report on both of the following:

 

     (a) The implementation of the requirements of subsection (6).

 

     (b) The success of the special alternative incarceration

 

program as revised under subsection (6), as evidenced by the extent

 

to which participants subsequently violate the conditions of their

 

parole, have their orders of parole revoked, or revictimize as

 

evidenced by being arrested or convicted for new offenses,

 

absconding from parole, or having outstanding warrants.

 

     (12) Each prisoner or probationer placed in the special

 

alternative incarceration program shall fully participate in the

 

Michigan prisoner reentry initiative.

 

     Sec. 35. (1) The release of a prisoner on parole shall must 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

 

must not be denied parole without an interview before 1 member of

 

the parole board. The interview shall must 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

 

must be sent a notice of intent to conduct an interview at least 1

 

month before the date of the interview. The notice shall must 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 must 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 must be given not more than 30 days after the notice of

 

intent to conduct an interview is issued and shall must 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 must 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 Not less than 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 90 days before the expiration of a 12-month

 

continuance, for any prisoner, a parole eligibility report shall

 

must be prepared by appropriate institutional staff. The parole

 

eligibility report shall must be considered pertinent information

 

for purposes of subsection (5). The report shall must 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. A

 

decision to grant a medical parole shall must be initiated upon the

 

recommendation of the bureau of health care services and shall must

 

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 must 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).

 

     Sec. 36. (1) All paroles shall be ordered by the parole board

 

and shall be signed by the chairperson. Written notice of the order

 

shall must be sent by first-class mail or by electronic means to

 

the prosecuting attorney and the sheriff or other police officer of

 

the municipality or county in which the prisoner was convicted and

 

to the prosecuting attorney and the sheriff or other local police

 

officer of the municipality or county to which the paroled prisoner

 

is sent or is to be sent. The notice shall must be provided within

 

not more than 10 days after the parole board issues its order to

 

parole the prisoner.

 

     (2) A parole order may be rescinded at the discretion of the

 

parole board for cause before the prisoner is released on parole. A

 

parole shall must not be revoked unless an interview with the

 

prisoner is conducted by 1 member of the parole board. The purpose

 

of the interview is to consider and act upon information received

 

by the board after the original parole release decision. A

 

revocation interview shall must be conducted within not more than

45 days after receiving the board received the new information. At

 

least Not less than 10 days before the interview, the parolee shall

 

must receive a copy or summary of the new evidence that is the

 

basis for the interview.

 

     (3) A parole order may be amended at the discretion of the

 

parole board for cause. An amendment to a parole order shall must

 

be in writing and is not effective until notice of the amendment is

 

given to the parolee.

 

     (4) When a parole order is issued, the order shall must

 

contain the conditions of the parole and shall must specifically

 

provide proper means of supervision of the paroled prisoner in

 

accordance with the rules of the bureau of field services.field

 

operations administration.

 

     (5) The parole order shall must contain a condition to pay

 

restitution to the victim of the prisoner's crime or the victim's

 

estate if the prisoner was ordered to make restitution under the

 

William Van Regenmorter crime victim's rights act, 1985 PA 87, MCL

 

780.751 to 780.834, or the code of criminal procedure, 1927 PA 175,

 

MCL 760.1 to 777.69.

 

     (6) The parole order shall must contain a condition requiring

 

the parolee to pay a parole supervision fee as prescribed in

 

section 36a.

 

     (7) The parole order shall must contain a condition requiring

 

the parolee to pay any assessment the prisoner was ordered to pay

 

under section 5 of 1989 PA 196, MCL 780.905.

 

     (8) The parole order shall must contain a condition requiring

 

the parolee to pay the minimum state cost prescribed by section 1j

of chapter IX of the code of criminal procedure, 1927 PA 175, MCL

 

769.1j, if the minimum state cost has not been paid.

 

     (9) If the parolee is required to be registered under the sex

 

offenders registration act, 1994 PA 295, MCL 28.721 to 28.736, the

 

parole order shall must contain a condition requiring the parolee

 

to comply with that act.

 

     (10) If a prisoner convicted of violating or conspiring to

 

violate section 7401(2)(a)(i) or (ii) or 7403(2)(a)(i) or (ii) of

 

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

 

released on parole, the parole order shall must contain a notice

 

that if the parolee violates or conspires to violate article 7 of

 

the public health code, 1978 PA 368, MCL 333.7101 to 333.7545, and

 

that violation or conspiracy to violate is punishable by

 

imprisonment for 4 or more years, or commits a violent felony

 

during his or her release on parole, parole shall must be revoked.

 

     (11) A parole order issued for a prisoner subject to

 

disciplinary time may contain a condition requiring the parolee to

 

be housed in a community corrections center or a community

 

residential home for not less than the first 30 days but not more

 

than the first 180 days of his or her term of parole. As used in

 

this subsection, "community corrections center" and "community

 

residential home" mean those terms as defined in section 65a.

 

     (11) (12) The parole order shall must contain a condition

 

requiring the parolee to pay the following amounts owed by the

 

prisoner, if applicable:

 

     (a) The balance of filing fees and costs ordered to be paid

 

under section 2963 of the revised judicature act of 1961, 1961 PA

236, MCL 600.2963.

 

     (b) The balance of any filing fee ordered to be paid by a

 

federal court under 28 USC 1915 and any unpaid order of costs

 

assessed against the prisoner.

 

     (12) (13) In each case in which payment of restitution is

 

ordered as a condition of parole, a parole officer assigned to a

 

the case shall review the case not less than twice yearly to ensure

 

that restitution is being paid as ordered. The final review shall

 

must be conducted not less than 60 days before the expiration of

 

the parole period. If the parole officer determines that

 

restitution is not being paid as ordered, the parole officer shall

 

file a written report of the violation with the parole board on a

 

form prescribed by the parole board. The report shall must include

 

a statement of the amount of arrearage and any reasons for the

 

arrearage known by the parole officer. The parole board shall

 

immediately provide a copy of the report to the court, the

 

prosecuting attorney, and the victim.

 

     (13) (14) If a parolee is required to register under the sex

 

offenders registration act, 1994 PA 295, MCL 28.721 to 28.736, the

 

parole officer shall register the parolee as provided in that act.

 

     (14) (15) Beginning August 28, 2006, if If a parolee convicted

 

of violating or conspiring to violate section 520b or 520c of the

 

Michigan penal code, 1931 PA 328, MCL 750.520b and 750.520c, other

 

than a parolee who is subject to lifetime electronic monitoring

 

under section 85, is placed on parole, the parole board may require

 

that the parolee be subject to electronic monitoring. The

 

electronic monitoring required under this subsection shall must be

conducted in the same manner, and shall be is subject to the same

 

requirements, as is described in section 85 of this act and section

 

520n(2) of the Michigan penal code, 1931 PA 328, MCL 750.520n, and

 

section 85, except as follows:

 

     (a) The electronic monitoring shall must continue only for the

 

duration of the term of parole.

 

     (b) A violation by the parolee of any requirement prescribed

 

in section 520n(2)(a) to (c) 520n(2) is a violation of a condition

 

of parole, not a felony violation.

 

     (15) (16) If the parole order contains a condition intended to

 

protect 1 or more named persons, the department shall enter those

 

provisions of the parole order into the corrections management

 

information system, accessible by the law enforcement information

 

network. If the parole board rescinds a parole order described in

 

this subsection, the department within 3 business days shall remove

 

from the corrections management information system the provisions

 

of that parole order.

 

     (16) (17) Each prisoner who is required to be registered under

 

the sex offenders registration act, 1994 PA 295, MCL 28.721 to

 

28.736, before being released on parole or being released upon

 

completion of his or her maximum sentence, shall provide to the

 

department notice of the location of his or her proposed place of

 

residence or domicile. The department then shall forward that

 

notice of location to the appropriate law enforcement agency as

 

required under section 5(3) of the sex offenders registration act,

 

1994 PA 295, MCL 28.725. A prisoner who refuses to provide notice

 

of the location of his or her proposed place of residence or

domicile or knowingly provides an incorrect notice of the location

 

of his or her proposed place of residence or domicile under this

 

subsection is guilty of a felony punishable by imprisonment for not

 

more than 4 years or a fine of not more than $2,000.00, or both.

 

     (17) (18) If a prisoner is serving a sentence for violating

 

section 411i of the Michigan penal code, 1931 PA 328, MCL 750.411i,

 

(aggravated stalking), and if a victim of that crime has registered

 

to receive notices about that prisoner under the William Van

 

Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.751 to

 

780.834, the parole order for that prisoner shall must require that

 

the prisoner's location be monitored by a global positioning

 

monitoring system during the entire period of the prisoner's

 

parole. If, at the time a prisoner described in this subsection is

 

paroled, no victim of the crime has registered to receive notices

 

about that prisoner under the William Van Regenmorter crime

 

victim's rights act, 1985 PA 87, MCL 780.751 to 780.834, but a

 

victim of the crime subsequently registers to receive those

 

notices, the prisoner's order of parole shall must immediately be

 

modified to require that the prisoner's location be monitored by a

 

global positioning system during the balance of the period of that

 

prisoner's parole. As used in this subsection, "global positioning

 

monitoring system" means a system that electronically determines

 

and reports the location of an individual by means of an ankle

 

bracelet transmitter or similar device worn by the individual,

 

which transmits latitude and longitude data to monitoring

 

authorities through global positioning satellite technology but

 

does not include any radio frequency identification technology,

global positioning technology, or similar technology that would be

 

implanted in the parolee or would otherwise violate the corporeal

 

body of the parolee.

 

     (18) (19) The parole order shall must require the parolee to

 

provide written consent to submit to a search of his or her person

 

or property upon demand by a peace officer or parole officer. The

 

written consent shall must include the prisoner's name and date of

 

birth, his or her physical description, the date for release on

 

parole, and the ending date for that parole. The prisoner shall

 

sign the written consent before being released on parole. The

 

department shall promptly enter this condition of parole into the

 

department's corrections management information system or offender

 

management network information system or into a corresponding

 

records management system that is accessible through the law

 

enforcement information network. Consent to a search as provided

 

under this subsection does not authorize a search that is conducted

 

with the sole intent to intimidate or harass.

 

     (19) (20) As used in this section, "violent felony" means an

 

offense against a person in violation of section 82, 83, 84, 86,

 

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

 

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

 

328, MCL 750.82, 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, 750.520e, 750.520g, 750.529,

 

750.529a, and 750.530.

 

     Sec. 51. (1) There is created within the department a hearings

 

division. The division is under the direction and supervision of

the hearings administrator who is appointed by the director of the

 

department.

 

     (2) Except as otherwise provided in this section, the hearings

 

division is responsible for each prisoner hearing the department

 

conducts that may result in the loss by a prisoner of a right,

 

including but not limited to any 1 or more of the following

 

matters:

 

     (a) An infraction of a prison rule that may result in punitive

 

segregation , loss of disciplinary credits, or the loss of good

 

time.

 

     (b) A security classification that may result in the placement

 

of a prisoner in administrative segregation.

 

     (c) A special designation that permanently excludes, by

 

department policy or rule, a person under the jurisdiction of the

 

department from community placement.

 

     (d) Visitor restrictions.

 

     (e) High or very high assaultive risk classifications.

 

     (3) Except as otherwise provided in this section, the hearings

 

division is responsible for each prisoner hearing that may result

 

in the accumulation of disciplinary time.

 

     (3) (4) The hearings division is not responsible for a

 

prisoner hearing that is conducted for prisoners transferred under

 

section 11a to an institution of another state pursuant to the

 

interstate corrections compact.

 

     (4) (5) The hearings division is not responsible for a

 

prisoner hearing that is conducted as a result of a minor

 

misconduct charge that would not cause a loss of good time or

disciplinary credits, or result in placement in punitive

 

segregation.

 

     (5) (6) Each hearings officer of the department is under the

 

direction and supervision of the hearings division. Each hearings

 

officer hired by the department after October 1, 1979 , shall must

 

be an attorney.

 

     Sec. 65. (1) Under rules promulgated by the director of the

 

department, the assistant director in charge of the bureau of

 

correctional facilities administration, except as otherwise

 

provided in this section, may cause the transfer or re-transfer

 

retransfer of a prisoner from a correctional facility to which the

 

prisoner was committed to any other correctional facility, or

 

temporarily to a state institution for medical or surgical

 

treatment. In effecting a transfer, the assistant director in

 

charge of the bureau of correctional facilities administration may

 

utilize the services of an executive or employee within the

 

department and of a law enforcement officer of the this state.

 

     (2) A prisoner who is subject to disciplinary time and is

 

committed to the jurisdiction of the department shall be confined

 

in a secure correctional facility for the duration of his or her

 

minimum sentence, except for periods when the prisoner is away from

 

the secure correctional facility while being supervised by an

 

employee of the department or by an employee of a private

 

contractor that operates a facility or institution that houses

 

prisoners under the jurisdiction of the department for 1 of the

 

following purposes:

 

     (a) Visiting a critically ill relative.

     (b) Attending the funeral of a relative.

 

     (c) Obtaining medical services not otherwise available at the

 

secure correctional facility.

 

     (d) Participating in a work detail.

 

     (2) (3) As used in this section, "offender" means a citizen of

 

the United States or a foreign country who has been convicted of a

 

crime and been given a sentence in a country other than the country

 

of which he or she is a citizen. If a treaty is in effect between

 

the United States and a foreign country, which provides for the

 

transfer of offenders from the jurisdiction of 1 of the countries

 

to the jurisdiction of the country of which the offender is a

 

citizen, and if the offender requests the transfer, the governor of

 

this state or a person designated by the governor may give the

 

approval of this state to a transfer of an offender, if the

 

conditions of the treaty are satisfied.

 

     (3) (4) Not less than 45 days before approval of a transfer

 

pursuant to under subsection (3) (2) from this state to another

 

country, the governor, or the governor's designee, shall notify the

 

sentencing judge and the prosecuting attorney of the county having

 

original jurisdiction, or their successors in office, of the

 

request for transfer. The notification shall must indicate any name

 

changes of the offender subsequent to sentencing. Within 20 days

 

after receiving such the notification, the judge or prosecutor may

 

send to the governor, or the governor's designee, information about

 

the criminal action against the offender or objections to the

 

transfer. Objections to the transfer shall do not preclude approval

 

of the transfer.

     (5) As used in this section, "secure correctional facility"

 

means a facility that houses prisoners under the jurisdiction of

 

the department according to the following requirements:

 

     (a) The facility is enclosed by a locked fence or wall that is

 

designed to prevent prisoners from leaving the enclosed premises

 

and that is patrolled by correctional officers.

 

     (b) Prisoners in the facility are restricted to the area

 

inside the fence or wall.

 

     (c) Prisoners are under guard by correctional officers 7 days

 

per week, 24 hours per day.

 

     Sec. 65a. (1) Under prescribed conditions, the director may

 

extend the limits of confinement of a prisoner when there is

 

reasonable assurance, after consideration of all facts and

 

circumstances, that the prisoner will not become a menace to

 

society or to the public safety, by authorizing the prisoner to do

 

any of the following:

 

     (a) Visit a specifically designated place or places. An

 

extension of limits may be granted only to a prisoner housed in a

 

state correctional facility to permit a visit to a critically ill

 

relative, attendance at the funeral of a relative, or contacting

 

prospective employers. The maximum amount of time a prisoner is

 

eligible for an extension of the limits of confinement under this

 

subdivision shall must not exceed a cumulative total period of 30

 

days.

 

     (b) Obtain medical services not otherwise available to a

 

prisoner housed in a state correctional facility.

 

     (c) Work at paid employment, participate in a training or

educational program, or participate in a community residential drug

 

treatment program while continuing as a prisoner housed on a

 

voluntary basis at a community corrections center or in a community

 

residential home.

 

     (2) The director shall promulgate rules to implement this

 

section.

 

     (3) The willful failure of a prisoner to remain within the

 

extended limits of his or her confinement or to return within the

 

time prescribed to an institution or facility designated by the

 

director shall be is considered an escape from custody as provided

 

in section 193 of the Michigan penal code, 1931 PA 328, MCL

 

750.193.

 

     (4) Subject to subsection (8), (7), a prisoner , other than a

 

prisoner subject to disciplinary time, who is convicted of a crime

 

of violence or any assaultive crime is not eligible for the

 

extensions of the limits of confinement provided in subsection (1)

 

until the minimum sentence imposed for the crime has less than 180

 

days remaining.

 

     (5) Subject to subsection (8), a prisoner subject to

 

disciplinary time is not eligible for the extensions of the limits

 

of confinement provided in subsection (1) until he or she has

 

served the minimum sentence imposed for the crime.

 

     (5) (6) However, notwithstanding subsections Notwithstanding

 

subsection (4), or (5), if the reason for the extension is to visit

 

a critically ill relative, attend the funeral of a relative, or

 

obtain medical services not otherwise available, the director may

 

allow the extension under escort as provided in subsection (1).

     (6) (7) A prisoner serving a sentence for murder in the first

 

degree is not eligible for the extensions of confinement under this

 

section until a parole release date is established by the parole

 

board and in no case before serving 15 calendar years with a good

 

institutional adjustment.

 

     (7) (8) A prisoner who is convicted of a crime of violence or

 

any assaultive crime, and whose minimum sentence imposed for the

 

crime is 10 years or more, shall not be placed in a community

 

residential home during any portion of his or her sentence.

 

     (8) (9) As used in this section:

 

     (a) "Community corrections center" means a facility either

 

contracted for or operated by the department in which a security

 

staff is on duty 7 days per week, 24 hours per day.

 

     (b) "Community residential home" means a location where

 

electronic monitoring of prisoner presence is provided by the

 

department 7 days per week, 24 hours per day, except that the

 

department may waive the requirement that electronic monitoring be

 

provided as to any prisoner who is within 3 months of his or her

 

parole date.

 

     (c) "State correctional facility" means a facility or

 

institution that houses a prisoner population under the

 

jurisdiction of the department. State correctional facility does

 

not include a community corrections center or community residential

 

home.

 

     Enacting section 1. Sections 33b and 33c of the corrections

 

code of 1953, 1953 PA 232, MCL 791.233b and 791.233c, are repealed

 

effective 90 days after the date this amendatory act is enacted

into law.

 

     Enacting section 2. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 3. This amendatory act does not take effect

 

unless all of the following bills of the 99th Legislature are

 

enacted into law:

 

     (a) Senate Bill No. ____ or House Bill No. 5666 (request no.

 

02131'17 a).

 

     (b) Senate Bill No. ____ or House Bill No. 5667 (request no.

 

02131'17 b).