Bill Text: MI HB5959 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: Corrections; other; legislative corrections ombudsman's access to prisoner health and mortality records; provide for. Amends sec. 5 of 1975 PA 46 (MCL 4.355). TIE BAR WITH: HB 5958'10
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2010-12-29 - Assigned Pa 287'10 With Immediate Effect [HB5959 Detail]
Download: Michigan-2009-HB5959-Engrossed.html
HB-5959, As Passed House, May 4, 2010
HOUSE BILL No. 5959
(As amended May 4, 2010)
March 17, 2010, Introduced by Reps. Warren, Smith and Kennedy and referred to the Committee on Judiciary.
A bill to amend 1975 PA 46, entitled
"An act to create the office of the legislative corrections
ombudsman; to prescribe the powers and duties of the office, the
ombudsman, the legislative council, and the department of
corrections; and to provide remedies from administrative acts,"
by amending section 5 (MCL 4.355).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5. (1) Upon request [AND WITHOUT THE REQUIREMENT OF ANY
RELEASE], the ombudsman shall be given access
to all information, records, and documents in the possession of the
department which the ombudsman deems necessary in an investigation,
including, but not limited to, prisoner medical health records,
prisoner mental health records, and prisoner mortality and
morbidity
records. The department shall assist
the ombudsman in
obtaining
the necessary releases of those documents which are
specifically
restricted or privileged for use by the ombudsman.
(2) Upon request and without notice, the ombudsman shall be
granted entrance to inspect at any time any premises under the
control of the department.
(3) The ombudsman may hold informal hearings and may request
that any person appear before the ombudsman, or at a hearing, and
give testimony or produce documentary or other evidence which the
ombudsman deems relevant to a matter under investigation.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 5958(request no.
06252'10 a) of the 95th Legislature is enacted into law.