Bill Text: MI HB5959 | 2009-2010 | 95th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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

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HB-5959, As Passed Senate, December 2, 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.