Bill Text: MI SB1211 | 2011-2012 | 96th Legislature | Engrossed
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-Engrossed.html
SB-1211, As Passed Senate, September 13, 2012
SUBSTITUTE FOR
SENATE BILL NO. 1211
A bill to amend 1985 PA 87, entitled
"William Van Regenmorter crime victim's rights act,"
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 victim's 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 the 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 the
that
crime: against that victim:
(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 of the escape of that
the person accused,
convicted, or imprisoned for committing a crime against the victim
has absconded while on bail or other release or has escaped from
custody, as provided in section 20.
(e)
Notice of the 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 for merit, 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 for merit.
(i) (h)
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) (i)
Notice that a reprieve,
commutation, or pardon has
been granted or denied.
(k) (j)
Notice that a prisoner has had his
or her name legally
changed while on parole or within 2 years after release from
parole.
(l) (k)
Notice that a prisoner has been
convicted of a new
crime.
(m) (l) 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.
(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 an escape for which a notice is
required under this
section
is required occurs and the
defendant absconds while on bail
or other release or 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 of the escape to the prosecuting
attorney that the defendant has absconded or escaped, who shall
then
give notice of the escape 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 absconded or 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 for merit.
(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
family independence agency 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 family independence agency
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, family independence agency 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 family independence
agency
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. The
victim
may request 1-time only notice of the calculation described
in
this subdivision.
(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 the 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 for merit.
(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.
(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.
(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 family independence agency
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.
