Bill Text: MI SB1211 | 2011-2012 | 96th Legislature | Chaptered
Bill Title: Crime victims; rights; victim notification of paroled prisoner escape, commutation, death, or parole board hearing; require, and allow victim to address parole board under certain circumstances. Amends secs. 19, 20, 21 & 48 of 1985 PA 87 (MCL 780.769 et seq.).
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2012-12-31 - Assigned Pa 0564'12 2012 Addenda [SB1211 Detail]
Download: Michigan-2011-SB1211-Chaptered.html
Act No. 564
Public Acts of 2012
Approved by the Governor
January 2, 2013
Filed with the Secretary of State
January 2, 2013
EFFECTIVE DATE: March 28, 2013
STATE OF MICHIGAN
96TH LEGISLATURE
REGULAR SESSION OF 2012
Introduced by Senators Green, Jones and Rocca
ENROLLED SENATE BILL No. 1211
AN ACT to amend 1985 PA 87, entitled “An act to establish the rights of victims of crime and juvenile offenses; to provide for certain procedures; to establish certain immunities and duties; to limit convicted criminals from deriving profit under certain circumstances; to prohibit certain conduct of employers or employers’ agents toward victims; and to provide for penalties and remedies,” by amending sections 19, 20, 21, and 48 (MCL 780.769, 780.770, 780.771, and 780.798), sections 19, 20, and 21 as amended by 2005 PA 184 and section 48 as amended by 2000 PA 503.
The People of the State of Michigan enact:
Sec. 19. (1) Upon the written request of any individual who was a victim of the defendant’s course of conduct that gave rise to the conviction, the sheriff or the department of corrections shall mail to that victim the following, as applicable, about a prisoner who has been sentenced to imprisonment under the jurisdiction of the sheriff or the department for that crime:
(a) Within 30 days after the request, notice of the sheriff’s calculation of the prisoner’s earliest release date or the department’s calculation of the prisoner’s earliest parole eligibility date, with all potential good time or disciplinary credits considered, if the sentence of imprisonment exceeds 90 days.
(b) Notice of the prisoner’s transfer or pending transfer to a minimum security facility and the facility’s address.
(c) Notice of the prisoner’s release or pending release in a community residential program or under furlough; any other transfer to community status; any transfer from 1 community residential program or electronic monitoring program to another; or any transfer from a community residential program or electronic monitoring program to a state correctional facility.
(d) Notice that the person accused, convicted, or imprisoned for committing a crime against the victim has escaped from custody, as provided in section 20.
(e) Notice of both of the following:
(i) The victim’s right to address or submit a written statement for consideration by a parole board member or a member of any other panel having authority over the prisoner’s release on parole during the time the prisoner’s release on parole or commutation of sentencing is being considered, as provided in section 21.
(ii) The victim’s right to address the parole board and to present exhibits or other photographic or documentary information to the parole board including at a commutation hearing.
(f) Notice of the decision of the parole board, or any other panel having authority over the prisoner’s release on parole, after a parole review, as provided in section 21.
(g) Notice of the release of a prisoner 90 days before the date of the prisoner’s discharge from prison, unless the notice has been otherwise provided under this article.
(h) Notice that the prisoner has applied for a reprieve, commutation, or pardon and the parole board has decided to consider the application.
(i) Notice of a public hearing under section 44 of the corrections code of 1953, 1953 PA 232, MCL 791.244, regarding a reprieve, commutation, or pardon of the prisoner’s sentence by the governor.
(j) Notice that a reprieve, commutation, or pardon has been granted or denied upon conclusion of a public hearing.
(k) Notice that a prisoner has had his or her name legally changed while on parole or within 2 years after release from parole.
(l) Notice that a prisoner has been convicted of a new crime.
(m) Notice that a prisoner has been returned from parole status to a correctional facility due to an alleged violation of the conditions of his or her parole.
(n) Notice that the prisoner, including a parolee, has died. However, the notification requirements of this subdivision apply to the death of a parolee only if the department is aware that the parolee has died.
(2) A victim’s address and telephone number maintained by a sheriff or the department of corrections upon a request for notice under this section are exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, and shall not be released.
Sec. 20. (1) The person designated in subsections (2) to (4) shall give a victim who requests notice and the prosecuting attorney who is prosecuting or has prosecuted the crime for which a defendant is detained, under sentence, hospitalized, or admitted to a facility immediate notice of the escape of the defendant accused, convicted, imprisoned, hospitalized, or admitted to a facility for committing a crime against the victim. The notice shall be given by any means reasonably calculated to give prompt actual notice.
(2) If notice is required under this section and the defendant escapes from custody before sentence is executed or before the defendant is delivered to the department of corrections, hospitalized, or admitted to a facility, the chief law enforcement officer of the agency in charge of the person’s detention shall give notice to the prosecuting attorney that the defendant has escaped, who shall then give notice to the victim who requested that notice. The notice shall be provided to the victim within 24 hours after the defendant is reported to have escaped.
(3) If the defendant is confined under a sentence, the notice required under this section shall be given by the chief administrator of the place in which the prisoner is confined.
(4) If the defendant is hospitalized under an order of hospitalization or admitted to a facility under an order of admission, the notice required under this section shall be given by the director of the hospital in which the defendant is hospitalized or by the director of the facility to which the defendant is admitted.
Sec. 21. (1) A victim has the right to do both of the following:
(a) To address or submit a written statement for consideration by a parole board member or a member of any other panel having authority over the prisoner’s release on parole during the time the prisoner’s release on parole or commutation of sentencing is being considered.
(b) To address the parole board and to present exhibits or other photographic or documentary information to the parole board including at a commutation hearing.
(2) Not less than 30 days before a review of the prisoner’s release, a victim who has requested notice under section 19(1)(f) shall be given written notice by the department of corrections informing the victim of the pending review and of victims’ rights under this section. The victim, at his or her own expense, may be represented by counsel at the review.
(3) A victim shall receive notice of the decision of the board or panel and, if applicable, notice of the date of the prisoner’s release on parole. Notice shall be mailed within a reasonable time after the board or panel reaches its decision but not later than 14 days after the board or panel has reached its decision. The notice shall include a statement of the victim’s right to appeal a parole decision, as allowed under section 34 of the corrections code of 1953, 1953 PA 232, MCL 791.234.
(4) A record of an oral statement or a written statement made under subsection (1) is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, and shall not be released.
Sec. 48. (1) Upon the victim’s written request, the court or the department of human services or county juvenile agency, as applicable, shall make a good faith effort to notify the victim before any of the following occurs:
(a) The juvenile is dismissed from court jurisdiction or discharged from commitment to the department of human services or county juvenile agency.
(b) The juvenile is transferred from a juvenile facility to any other juvenile facility.
(c) The juvenile has his or her name legally changed while under the court’s jurisdiction or within 2 years after discharge from the court’s jurisdiction.
(d) The juvenile is detained for having committed an act which, if committed by an adult, would be a criminal violation.
(2) If the court, department of human services, or county juvenile agency is not successful in notifying the victim before an event described in subsection (1)(a), (b), or (c) occurs, it shall notify the victim as soon as possible after that event occurs.
(3) Upon the victim’s written request, the department of human services, county juvenile agency, or court shall give to the victim notice of a juvenile’s escape from a secure detention or treatment facility. A victim who requests notice of an escape shall be given immediate notice of the escape by any means reasonably calculated to give prompt actual notice.
(4) Upon the victim’s written request, the sheriff or the department of corrections shall mail to the victim the following, as applicable, about a juvenile who has been sentenced to imprisonment under the jurisdiction of the sheriff or the department for the offense against that victim:
(a) Within 30 days after the request, notice of the sheriff’s calculation of the juvenile’s earliest release date or the department’s calculation of the juvenile’s earliest parole eligibility, with all potential good time or disciplinary credits considered, if the sentence of imprisonment exceeds 90 days.
(b) Notice of the juvenile’s transfer or pending transfer to a minimum security facility and the facility’s address.
(c) Notice of the juvenile’s release or pending release in a community residential program, under furlough, or any other transfer to community status; any transfer from 1 community residential program or electronic monitoring program to another; or any transfer from a community residential program or electronic monitoring program to a state correctional facility.
(d) Notice of the escape of the juvenile accused, convicted, or imprisoned for committing an offense against the victim.
(e) Notice of both of the following:
(i) The victim’s right to address or submit a written statement for consideration by a parole board member or a member of any other panel having authority over the juvenile’s release on parole during the time the juvenile’s release on parole or commutation of sentencing is being considered.
(ii) To address the parole board and to present exhibits or other photographic or documentary information to the parole board including at a commutation hearing.
(f) Notice of the decision of the parole board, or any other panel having authority over the juvenile’s release on parole, after a parole review.
(g) Notice of the release of a juvenile 90 days before the date of the juvenile’s discharge from prison, unless the notice has been otherwise provided under this article.
(h) Notice of a public hearing under section 44 of 1953 PA 232, MCL 791.244, regarding a reprieve, commutation, or pardon of the juvenile’s sentence by the governor.
(i) Notice that a reprieve, commutation, or pardon has been granted or denied upon conclusion of a public hearing.
(j) Notice that a juvenile has had his or her name legally changed while on parole or within 2 years after release from parole.
(k) Notice that the juvenile, including a parolee, has died. However, the notification requirements of this subdivision apply to the death of a parolee only if the department is aware that the parolee has died.
(5) A victim’s address and telephone number maintained by a sheriff or the department of corrections upon a request for notice under subsection (4) is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, and shall not be released.
(6) As provided in subsection (7) or (8), a victim who requests notice of the escape and the prosecuting attorney who filed the petition alleging the offense for which the juvenile is accused, detained, or under sentence shall be given immediate notice of the juvenile’s escape. The notice shall be given by any means reasonably calculated to give prompt actual notice.
(7) If the escape occurs before the sentence is executed or before the juvenile is delivered to the department of human services, county juvenile agency, sheriff, or the department of corrections, the person in charge of the agency in charge of the juvenile’s detention shall give notice of the escape to the prosecuting attorney, who shall then give notice of the escape to a victim who requested notice.
(8) If the juvenile is confined under sentence, the notice of escape shall be given to the victim and the prosecuting attorney by the chief administrator of the place in which the juvenile is confined.
(9) Upon the victim’s request, the prosecuting attorney shall give the victim notice of a review hearing conducted under section 18 of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.18. The victim has the right to make a statement at the hearing or submit a written statement for use at the hearing, or both.
Secretary of the Senate
Clerk of the House of Representatives
Approved
Governor
