November 8, 2018, Introduced by Senator BIEDA and referred to the Committee on Judiciary.
A bill to amend 1893 PA 118, entitled
"An act to revise and consolidate the laws relative to state
prisons, to state houses of correction, and branches of state
prisons and reformatories, and the government and discipline
thereof and to repeal all acts inconsistent therewith,"
by amending section 33 (MCL 800.33), as amended by 1999 PA 148; and
to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 33. (1) A record of all major misconduct charges for
which
a prisoner has been found guilty shall must be maintained and
given to the parole board as part of the parole eligibility report
prepared
for each prisoner pursuant to under
section 35 of the
corrections code of 1953, 1953 PA 232, MCL 791.235.
(2) Except as otherwise provided in this section, a prisoner
who
is serving a sentence for a crime committed before April 1,
1987,
and who has not been found guilty
of a major misconduct or
had a violation of the laws of this state recorded against him or
her
shall must receive a reduction from his or her sentence as
follows:
(a) During the first and second years of his or her sentence,
5 days for each month.
(b) During the third and fourth years, 6 days for each month.
(c) During the fifth and sixth years, 7 days for each month.
(d) During the seventh, eighth, and ninth years, 9 days for
each month.
(e) During the tenth, eleventh, twelfth, thirteenth, and
fourteenth years, 10 days for each month.
(f) During the fifteenth, sixteenth, seventeenth, eighteenth,
and nineteenth years, 12 days for each month.
(g) From and including the twentieth year, up to and including
the period fixed for the expiration of the sentence, 15 days for
each month.
(3)
Except as provided in section 34, all prisoners serving a
sentence
for a crime that was committed on or after April 1, 1987
are
eligible to earn disciplinary and special disciplinary credits
as
provided in subsection (5). Disciplinary credits shall be
earned,
forfeited, and restored as provided in this section.
Accumulated
disciplinary credits good
time received under
subsection (2) shall be deducted from a prisoner's minimum and
maximum sentence in order to determine his or her parole
eligibility date and discharge date.
(4)
This section shall must not be construed to allow good
time
, disciplinary credits, or special disciplinary credits in
cases of commuted sentences unless so stipulated in the executive
order commuting the sentence.
(5)
Except as provided in section 34, all prisoners serving a
sentence
on December 30, 1982, or incarcerated after December 30,
1982,
for the conviction of a crime enumerated in section 33b(a) to
(cc)
of 1953 PA 232, MCL 791.233b, are eligible to earn a
disciplinary
credit of 5 days per month for each month served after
December
30, 1982. Accumulated disciplinary credits shall be
deducted
from a prisoner's minimum and maximum sentence in order to
determine
his or her parole eligibility dates.
A
prisoner shall not earn disciplinary credits under this
subsection
during any month in which the prisoner is found guilty
of
having committed a major misconduct. The amount of disciplinary
credits
not earned as a result of being found guilty of a major
misconduct
shall be limited to the disciplinary credits that would
have
been earned for the month in which the major misconduct
occurred.
Any disciplinary credits not earned as a result of the
prisoner
being found guilty of a major misconduct shall never be
earned
or restored. The warden may order that a prisoner found
guilty
of a major misconduct, including but not limited to charges
of
rioting, inciting to riot, escape, homicide, or assault and
battery,
forfeit all or a portion of the disciplinary credits
accumulated
prior to the month in which the misconduct occurred. An
order
forfeiting accumulated disciplinary credits shall be based
upon
a review of the prisoner's institutional record.
The
disciplinary credit committee, which is comprised of the
prisoner's
resident unit manager, custody officers in the resident
unit
with direct supervisory responsibilities over the prisoner,
and
the appropriate work or school assignment supervisor, shall be
a
part of the reclassification process and shall review, at least
annually,
the status of each prisoner in the housing unit who has
forfeited
disciplinary credits. The committee may recommend to the
warden
whether any forfeited disciplinary credits should be
restored
to the prisoner.
In
addition to disciplinary credits, a prisoner eligible for
disciplinary
credits under this subsection may be awarded 2 days
per
month special disciplinary credits for good institutional
conduct
on the recommendation of the disciplinary credit committee
and
the concurrence of the warden based on an annual review of the
prisoner's
institutional record. Special disciplinary credits shall
not
be awarded for any month in which a prisoner has been found
guilty
of a major misconduct.
The
department of corrections shall promulgate rules pursuant
to
the administrative procedures act of 1969, 1969 PA 306, MCL
24.201
to 24.328, necessary to implement this subsection not more
than
180 days after December 30, 1982.
(5) (6)
On and after April 1, 1987, a A
prisoner shall must
not earn good time under this section during any month in which the
prisoner is found guilty of having committed a major misconduct.
The amount of good time not earned as a result of being found
guilty
of a major misconduct shall must
be limited to the amount of
good time that would have been earned during the month in which the
major misconduct occurred. Any good time not earned as a result of
the
prisoner being found guilty of a major misconduct shall must
never be earned or restored.
(6) (7)
The department of corrections shall promulgate rules
pursuant
to under the administrative procedures act of 1969, 1969
PA 306, MCL 24.201 to 24.328, prescribing how much of his or her
accumulated
good time or accumulated disciplinary credits the
prisoner may forfeit if found guilty of 1 or more major
misconducts.
(7) (8)
The warden may order that a prisoner found guilty of a
major misconduct forfeit all or a portion of the good time
accumulated prior to the month in which the misconduct occurred.
(8) (9)
The good time committee, which is comprised of the
prisoner's resident unit manager, custody officer in the resident
unit with direct supervisory responsibility over the prisoner, and
the
appropriate work or school assignment supervisor, shall must be
part of the reclassification process. The good time committee shall
recommend to the warden the amount of special good time to be
awarded and the restoration of any accumulated good time that has
been forfeited.
(9) (10)
The warden, as a reward for good conduct, may restore
to
a prisoner the whole or any portion of the good time or
disciplinary
credits forfeited because of a
finding of guilty for a
major
misconduct. However, forfeited good time or disciplinary
credits
shall must not be restored without the recommendation of
the
disciplinary credit committee or good time committee and the
prior written approval of the deputy director in charge of the
bureau
of correctional facilities administration or the deputy
director
in charge of the bureau of field services field operations
administration. Disciplinary credits or good Good time
allowances
that
have not been earned because of institutional misconduct shall
must not be restored.
(10) (11)
A prisoner who has been sentenced concurrently for
separate
convictions shall must have his or her good time or
disciplinary
credits computed on the basis of
the longest of the
concurrent sentences. If a prisoner is serving consecutive
sentences
for separate convictions, his or her good time or
disciplinary
credits shall must be computed and accumulated on each
sentence
individually and all good time or disciplinary credits
that
have has been earned on any of the sentences shall be is
subject
to forfeiture pursuant to subsections (5) and (8).under
subsection (7).
(11) (12)
The warden of an institution may grant special good
time
allowances. to eligible prisoners who are convicted of a
crime
that
is committed before April 1, 1987. Special
good time credit
shall
must not exceed 50% of the good time allowances under the
schedule
in subsection (2). Special good time shall must be
awarded
for
good conduct only and shall must
not be awarded for any month
in which a prisoner has been found guilty of a major misconduct.
(12) (13)
The parole board shall be is
exclusively empowered
to
cause the forfeiture of good time or disciplinary credits earned
by a prisoner at the time of a parole violation.
(14)
A prisoner subject to disciplinary time is not eligible
for
good time, special good time, disciplinary credits, or special
disciplinary
credits.
(13) (15)
The court may order the reduction or forfeiture of 1
or
more of the following good
time credits pursuant to under
section 5513 of the revised judicature act of 1961, 1961 PA 236,
MCL
600.5513. :
(a)
Good time.
(b)
Disciplinary.
(c)
Special disciplinary.
(14) The department of corrections shall recalculate the
parole eligibility date and discharge date for each prisoner
serving a sentence on the effective date of the amendatory act that
added this subsection who becomes eligible for good time credits
under subsection (2) as a result of the amendatory act that added
this subsection.
Enacting section 1. Sections 34 and 35 of 1893 PA 118, MCL
800.34 and 800.35, 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 House Bill No. 5665
of the 99th Legislature is enacted into law.