Bill Text: MI SB1184 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Corrections: parole; reduction in term of parole for participation in certain program; provide for in certain circumstances. Amends secs. 38 & 42 of 1953 PA 232 (MCL 791.238 & 791.242) & adds sec. 42a.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Introduced - Dead) 2020-10-13 - Reassigned To Committee On Health Policy And Human Services [SB1184 Detail]
Download: Michigan-2019-SB1184-Introduced.html
SENATE BILL NO. 1184
October 08, 2020, Introduced by Senators
VANDERWALL, IRWIN, BAYER, WOJNO, GEISS and BULLOCK and referred to the
Committee on Judiciary and Public Safety.
A bill to amend 1953 PA 232, entitled
"Corrections code of 1953,"
by amending sections 38 and 42 (MCL 791.238 and 791.242), section 38 as amended by 1994 PA 217 and section 42 as amended by 2006 PA 170, and by adding section 42a.
the people of the state of michigan enact:
Sec. 38. (1) Each
prisoner on parole shall must remain in the legal custody and under the
control of the department. The deputy director of the bureau
of field services, operations administration, upon a showing of probable
violation of parole, may issue a warrant for the return of any paroled
prisoner. Pending a hearing upon any charge of parole violation, the prisoner shall must
remain incarcerated.
(2) A prisoner violating the provisions of his or her parole
and for whose return a warrant has been issued by the deputy director of the bureau of field services operations
administration is treated as an escaped prisoner and is liable,
when arrested, to serve out the unexpired portion of his or her maximum
imprisonment. The time from the date of the declared violation to the date of
the prisoner's availability for return to an institution shall is
not be counted as
time served. The warrant of the deputy director of the bureau of field services operations
administration is a sufficient warrant authorizing all officers
named in the warrant to detain the paroled prisoner in any jail of the state
until his or her return to the state penal institution.
(3) If a paroled prisoner fails to return to prison when
required by the deputy director of the bureau
of field services operations administration or if the paroled prisoner
escapes while on parole, the paroled prisoner shall
must be treated in all respects
as if he or she had escaped from prison and is subject to be retaken as
provided by the laws of this state.
(4) The parole board, in its discretion, may cause the
forfeiture of all good time to the date of the declared violation.
(5) A prisoner committing a crime while at large on parole
and being convicted and sentenced for the crime shall
must be treated as to the last
incurred term as provided under section 34.
(6) A parole shall be construed as is a permit to the prisoner to leave the prison, and is not as
a release. While Subject to section 42a, while at large, the paroled
prisoner shall be considered to be is serving out the sentence imposed by the court and,
if he or she is eligible for good time, shall
be is entitled to good time the same
as if confined in a state correctional facility.
Sec. 42. (1) If Subject
to section 42a, if a paroled prisoner has faithfully performed
all of the conditions and obligations of parole for the period of time fixed in
the order of parole, and has obeyed all of the rules and regulations adopted by
the parole board, the prisoner has served the full sentence required. The
parole board shall enter a final order of discharge and issue the paroled
prisoner a certificate of discharge.
(2) Parole shall must not be granted for a period less than 2 years in
a case of murder, actual forcible rape, armed
robbery, armed, kidnapping, extortion, or
breaking and entering an occupied dwelling in the nighttime unless the maximum
time remaining to be served on the sentence is less than 2 years.
(3) Parole shall must only be granted for life for a prisoner
sentenced under section 520b(2)(b) of the Michigan penal code, 1931 PA 328, MCL
750.520b.
Sec. 42a. (1) Except for a parole
granted as described under section 42(2) and (3) and subject to this section, a
term of parole must be reduced by 45 days for every 6
months that a qualified parolee complies with the requirements of a medication-assisted
program for the treatment of an alcohol use disorder or opioid use disorder approved
by the department.
(2)
If a term of parole is reduced under this section, the parole order must be
amended in writing to reflect the reduction.
(3)
The reduction in the term of parole under subsection (1) does not apply to a
qualified parolee who commits either of the following during his or her term of
parole regardless of his or her compliance with a medication-assisted program
for the treatment of an alcohol use disorder or opioid use disorder:
(a)
An act that directly threatens, endangers, or injures another person.
(b)
A violation of a law of this state, a political subdivision of this state,
another state, or the United States or of tribal law, that is not a law related
to the use or possession of a controlled substance, unless the parole board
determines the primary cause of the violation was the parolee's identified
substance use disorder and another person was not threatened, endangered, or
injured by the conduct giving rise to the violation.
(4) A parole order must indicate if the
individual is a qualified parolee.
(5)
As used in this section:
(a)
"Nonviolent offense" means a crime that does not involve the use of
any force against or injury to another person.
(b)
"Qualified parolee" means an individual granted parole for 1 or more
convictions for a controlled substance offense or for a nonviolent offense that
the presentence investigation or parole board interview indicates was primarily
the result of controlled substance or alcohol use.
