Bill Text: MI SB1243 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Corrections: prisoners; good time system; restore for all prisoners and eliminate disciplinary credits and disciplinary time. Amends secs. 20g, 33, 34, 34e, 35, 36, 51, 65 & 65a of 1953 PA 232 (MCL 791.220g et seq.). TIE BAR WITH: SB 1241'20, SB 1242'20, SB 1240'20
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-12-03 - Referred To Committee On Judiciary And Public Safety [SB1243 Detail]
Download: Michigan-2019-SB1243-Introduced.html
SENATE BILL NO. 1243
December 03, 2020, Introduced by Senator IRWIN
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 20g, 33, 34, 34a, 35, 36, 51, 65, and 65a (MCL 791.220g, 791.233, 791.234, 791.234a, 791.235, 791.236, 791.251, 791.265, and 791.265a), section 20g as amended by 2000 PA 211, sections 33 and 34 as amended by 2019 PA 14, section 34a as amended by 2012 PA 259, section 35 as amended by 2019 PA 13, section 36 as amended by 2012 PA 623, section 51 as amended by 1998 PA 269, section 65 as amended by 2019 PA 16, and section 65a as amended by 2012 PA 599; and to repeal acts and parts of acts.
the people of the state of michigan enact:
Sec. 20g. (1) The
department may establish a youth correctional facility which shall must
house only prisoners committed to the jurisdiction of the
department who are 19 years of age or less. If the department establishes or
contracts with a private vendor for the operation of a youth correctional
facility, following intake processing in a department operated facility, the
department shall house all male prisoners who are 16 years of age or less at
the youth correctional facility unless the department determines that the
prisoner should be housed at a different facility for reasons of security,
safety, or because of the prisoner's specialized physical or mental health care
needs.
(2) Except as provided in subsection (3), a prisoner who is
16 years of age or less and housed at a youth correctional facility shall must
only be placed in a general population housing unit with
prisoners who are 16 years of age or less.
(3) A prisoner who becomes 17 years of age while being housed
at a youth correctional facility and who has a satisfactory prison record may
remain in a general population housing unit for no more than 1 year with
prisoners who are 16 years of age or less.
(4) Except as provided in subsection (3), a prisoner who is
16 years of age or less and housed at a youth correctional facility shall must
not be allowed to be in the proximity of a prisoner who is 17
years of age or more without the presence and direct supervision of custody
personnel in the immediate vicinity.
(5) The department may establish and operate the youth
correctional facility or may contract on behalf of the state with a private
vendor for the construction or operation, or both, of the youth correctional
facility. If the department contracts with a private vendor to construct,
rehabilitate, develop, renovate, or operate any existing or anticipated
facility pursuant to under this section, the department shall require a
written certification from the private vendor regarding all of the following:
(a) If practicable to efficiently and effectively complete
the project, the private vendor shall follow a competitive bid process for the
construction, rehabilitation, development, or renovation of the facility, and
this process shall must
be open to all Michigan residents and firms. The private vendor
shall not discriminate against any contractor on the basis of its affiliation
or nonaffiliation with any collective bargaining organization.
(b) The private vendor shall make a good
faith good-faith effort
to employ, if qualified, Michigan residents at the facility.
(c) The private vendor shall make a good
faith good-faith effort
to employ or contract with Michigan residents and firms to construct,
rehabilitate, develop, or renovate the facility.
(6) If the department contracts with a private vendor for the
operation of the youth correctional facility, the department shall require by
contract that the personnel employed by the private vendor in the operation of
the facility be certified as correctional officers to the same extent as would
be required if those personnel were employed in a correctional facility
operated by the department. The department also shall require by contract that
the private vendor meet requirements specified by the department regarding
security, protection of the public, inspections by the department, programming,
liability and insurance, conditions of confinement, educational services
required under subsection (11), and any other issues the department considers
necessary for the operation of the youth correctional facility. The department
shall also require that the contract include provisions to protect the public's
interest if the private vendor defaults on the contract. Before finalizing a
contract with a private vendor for the construction or operation of the youth
correctional facility, the department shall submit the proposed contract to the
standing committees of the senate and the house of representatives having
jurisdiction of corrections issues, the corrections subcommittees of the
standing committees on appropriations of the senate and the house of
representatives, and, with regard to proposed construction contracts, the joint
committee on capital outlay. A contract between the department and a private
vendor for the construction or operation of the youth correctional facility shall be is
contingent upon appropriation of the required funding. If the
department contracts with a private vendor under this section, the selection of
that private vendor shall must be by open, competitive bid.
(7) The department shall not site a youth correctional
facility under this section in a city, village, or township unless the local
legislative body of that city, village, or township adopts a resolution
approving the location.
(8) A private vendor operating a youth correctional facility
under a contract under this section shall not do any of the following, unless
directed to do so by the department policy:
(a) Calculate inmate release and parole eligibility dates.
(b) Award good time.
or disciplinary credits, or impose disciplinary
time.
(c) Approve inmates for extensions of limits of confinement.
(9) The youth correctional facility shall
must be open to visits during all
business hours, and during nonbusiness hours unless an emergency prevents it,
by any elected state senator or state representative.
(10) Once each year, the department shall report on the
operation of the facility. Copies of the report shall
must be submitted to the
chairpersons of the house and senate committees responsible for legislation on
corrections or judicial issues, and to the clerk of the house of
representatives and the secretary of the senate.
(11) Regardless of whether the department itself operates the
youth correctional facility or contracts with a private vendor to operate the
youth correctional facility, all of the following educational services shall must
be provided for juvenile prisoners housed at the facility who
have not earned a high school diploma or received a general
education certificate (GED):high
school equivalency certificate:
(a) The department or private vendor shall require that a
prisoner whose academic achievement level is not sufficient to allow the
prisoner to participate effectively in a program leading to the attainment of a
GED high
school equivalency certificate participate in classes that will
prepare him or her to participate effectively in the GED
high school equivalency certificate program,
and shall provide those classes in the facility.
(b) The department or private vendor shall require that a
prisoner who successfully completes classes described in subdivision (a), or
whose academic achievement level is otherwise sufficient, participate in
classes leading to the attainment of a GED
high school equivalency certificate,
and shall provide those classes.
(12) Neither the department nor the private vendor shall seek
to have the youth correctional facility authorized as a public school academy
under the revised school code, 1976 PA 451, MCL 380.1 to 380.1852.
(13) A private vendor that operates the youth correctional
facility under a contract with the department shall provide written notice of
its intention to discontinue its operation of the facility. This subsection does not authorize or limit
liability for a breach or default of contract. If the reason for
the discontinuance is that the private vendor intends not to renew the
contract, the notice shall must be delivered to the director of the department
at least 1 year before the contract expiration date. If the discontinuance is
for any other reason, the notice shall
must be delivered to the director
of the department at least 6 months before the date on which the private vendor
will discontinue its operation of the facility. This subsection does not
authorize or limit liability for a breach or default of contract.
Sec. 33. (1) The
grant of a parole is subject to all of the following conditions:
(a) A prisoner must not be given liberty on parole until the
board has reasonable assurance, after consideration of all of the facts and
circumstances, including the prisoner's mental and social attitude, that the
prisoner will not become a menace to society or to the public safety.
(b) Except as provided in section
sections 34a and section 35(10), a parole must not
be granted to a prisoner other than a prisoner subject
to disciplinary time until the prisoner has served the minimum
term imposed by the court less allowances for good time or special good time to
which the prisoner may be entitled by statute, except that a prisoner other than a prisoner subject to disciplinary
time is eligible for parole before the expiration of his or her
minimum term of imprisonment if the sentencing judge, or the judge's successor
in office, gives written approval of the parole of the prisoner before the
expiration of the minimum term of imprisonment.
(c)
Except as provided in section 34a and section 35(10), and notwithstanding the
provisions of subdivision (b), a parole must not be granted to a prisoner other
than a prisoner subject to disciplinary time sentenced for the commission of a
crime described in section 33b(a) to (cc) until the prisoner has served the
minimum term imposed by the court less an allowance for disciplinary credits as
provided in section 33(5) of 1893 PA 118, MCL 800.33. A prisoner described in
this subdivision is not eligible for special parole.
(d)
Except as provided in section 34a and section 35(10), a parole must not be
granted to a prisoner subject to disciplinary time until the prisoner has
served the minimum term imposed by the court.
(c)
(e) A prisoner must
not be released on parole until the parole board has satisfactory evidence that
arrangements have been made for such honorable and useful employment as the
prisoner is capable of performing, for the prisoner's education, or for the
prisoner's care if the prisoner is mentally or physically ill or incapacitated.
(d)
(f) Except as
provided in section 35(10), a prisoner whose minimum term of imprisonment is 2
years or more must not be released on parole unless he or she has either earned
a high school diploma or a high school equivalency certificate. The director of
the department may waive the restriction imposed by this subdivision as to any
prisoner who is over the age of 65 or who was gainfully employed immediately
before committing the crime for which he or she was incarcerated. The
department may also waive the restriction imposed by this subdivision as to any
prisoner who has a learning disability, who does not have the necessary
proficiency in English, or who for some other reason that is not the fault of
the prisoner is unable to successfully complete the requirements for a high
school diploma or a high school equivalency certificate. If the prisoner does
not have the necessary proficiency in English, the department shall provide
English language training for that prisoner necessary for the prisoner to begin
working toward the completion of the requirements for a high school equivalency
certificate. This subdivision applies to prisoners sentenced for crimes
committed after December 15, 1998. In providing an educational program leading
to a high school diploma or a high school equivalency certificate, the
department shall give priority to prisoners sentenced for crimes committed on
or before December 15, 1998.
(2) Paroles-in-custody to answer warrants filed by local or
out-of-state agencies, or immigration officials, are permissible if an
accredited agent of the agency filing the warrant calls for the prisoner to be
paroled in custody.
(3) The parole board may promulgate rules under the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, that
are not inconsistent with this act with respect to conditions imposed upon
prisoners paroled under this act.
Sec. 34. (1)
Except for a prisoner granted parole under section 35(10) or as provided in
section 34a, a prisoner sentenced to an indeterminate sentence and confined in
a state correctional facility with a minimum in terms of years other than a prisoner subject to disciplinary
time is subject to the jurisdiction of the parole board when the
prisoner has served a period of time equal to the minimum sentence imposed by
the court for the crime of which he or she was convicted, less good time and
disciplinary credits, if applicable.
(2)
Except for a prisoner granted parole under section 35(10) or as provided in
section 34a, a prisoner subject to disciplinary time sentenced to an
indeterminate sentence and confined in a state correctional facility with a
minimum in terms of years is subject to the jurisdiction of the parole board
when the prisoner has served a period of time equal to the minimum sentence
imposed by the court for the crime of which he or she was convicted.
(2)
(3) Except for a
prisoner granted parole under section 35(10), if a prisoner other than a prisoner subject to disciplinary
time is sentenced for consecutive terms, whether received at the
same time or at any time during the life of the original sentence, the parole
board has jurisdiction over the prisoner for purposes of parole when the
prisoner has served the total time of the added minimum terms, less the good
time and disciplinary credits allowed
by statute. The maximum terms of the sentences must be added to compute the new
maximum term under this subsection, and discharge must be issued only after the
total of the maximum sentences has been served less good time, and disciplinary credits, unless
the prisoner is paroled and discharged upon satisfactory completion of the
parole.
(4)
Except for a prisoner granted parole under section 35(10), if a prisoner
subject to disciplinary time is sentenced for consecutive terms, whether
received at the same time or at any time during the life of the original
sentence, the parole board has jurisdiction over the prisoner for purposes of
parole when the prisoner has served the total time of the added minimum terms.
The maximum terms of the sentences must be added to compute the new maximum
term under this subsection, and discharge must be issued only after the total
of the maximum sentences has been served, unless the prisoner is paroled and
discharged upon satisfactory completion of the parole.
(3)
(5) If a prisoner other than a prisoner subject to disciplinary
time has 1 or more consecutive terms remaining to serve in
addition to the term he or she is serving, the parole board may terminate the
sentence the prisoner is presently serving at any time after the minimum term
of the sentence has been served.
(4)
(6) A prisoner
sentenced to imprisonment for life for any of the following is not eligible for
parole and is instead subject to the provisions of section 44 or 44a:
(a) First degree murder in violation of section 316 of the
Michigan penal code, 1931 PA 328, MCL 750.316.
(b) A violation of section 16(5) or 18(7) of the Michigan
penal code, 1931 PA 328, MCL 750.16 and 750.18.
(c) A violation of chapter XXXIII of the Michigan penal code,
1931 PA 328, MCL 750.200 to 750.212a.
(d) A violation of section 17764(7) of the public health
code, 1978 PA 368, MCL 333.17764.
(e) First degree criminal sexual conduct in violation of
section 520b(2)(c) of the Michigan penal code, 1931 PA 328, MCL 750.520b.
(f) Any other violation for which parole eligibility is
expressly denied under state law.
(5)
(7) Except for a
prisoner granted parole under section 35(10), a prisoner sentenced to
imprisonment for life, other than a prisoner described in subsection (6), (4),
is subject to the jurisdiction of the parole board and may be
placed on parole according to the conditions prescribed in subsection (8) (6)
if he or she meets any of the following criteria:
(a) Except as provided in subdivision (b) or (c), the
prisoner has served 10 calendar years of the sentence for a crime committed
before October 1, 1992 or 15 calendar years of the sentence for a crime
committed on or after October 1, 1992.
(b) Except as provided in subsection (12), (10),
the prisoner has served 20 calendar years of a sentence for
violating, or attempting or conspiring to violate, section 7401(2)(a)(i) of the public health code, 1978 PA 368, MCL 333.7401, and
has another conviction for a serious crime.
(c) Except as provided
in subsection (12), (10),
the prisoner has served 17-1/2 calendar years of the sentence for
violating, or attempting or conspiring to violate, section 7401(2)(a)(i) of the public health code, 1978 PA 368, MCL 333.7401, and
does not have another conviction for a serious crime.
(6) (8) A parole
granted to a prisoner under subsection (7) (5) is subject to the following conditions:
(a) At the conclusion of
10 calendar years of the prisoner's sentence and thereafter as determined by
the parole board until the prisoner is paroled, discharged, or deceased, and in
accordance with the procedures described in subsection (9), (7), 1 member of
the parole board shall interview the prisoner. The interview schedule
prescribed in this subdivision applies to all prisoners to whom subsection (7) (5) applies,
regardless of the date on which they were sentenced.
(b) In addition to the
interview schedule prescribed in subdivision (a), the parole board shall review
the prisoner's file at the conclusion of 15 calendar years of the prisoner's
sentence and every 5 years thereafter until the prisoner is paroled,
discharged, or deceased. A prisoner whose file is to be reviewed under this
subdivision must be notified of the upcoming file review at least 30 days
before the file review takes place and must be allowed to submit written
statements or documentary evidence for the parole board's consideration in
conducting the file review.
(c) A decision to grant
or deny parole to the prisoner must not be made until after a public hearing
held in the manner prescribed for pardons and commutations in sections 44 and
45. Notice of the public hearing must be given to the sentencing judge, or the
judge's successor in office. Parole must not be granted if the sentencing judge
files written objections to the granting of the parole within 30 days of
receipt of the notice of hearing, but the sentencing judge's written objections
bar the granting of parole only if the sentencing judge is still in office in
the court before which the prisoner was convicted and sentenced. A sentencing
judge's successor in office may file written objections to the granting of
parole, but a successor judge's objections must not bar the granting of parole
under subsection (7). (5).
If written objections are filed by either the sentencing judge or the
judge's successor in office, the objections must be made part of the prisoner's
file.
(d) A parole granted
under subsection (7) (5) must
be for a period of not less than 4 years and subject to the usual rules
pertaining to paroles granted by the parole board. A parole granted under
subsection (7) (5) is
not valid until the transcript of the record is filed with the attorney general
whose certification of receipt of the transcript must be returned to the office
of the parole board within 5 days. Except for medical records protected under
section 2157 of the revised judicature act of 1961, 1961 PA 236, MCL 600.2157,
the file of a prisoner granted a parole under subsection (7) (5) is a public
record.
(7) (9) An
interview conducted under subsection (8)(a) (6)(a) is subject to both of the following requirements:
(a) The prisoner must be
given written notice, not less than 30 days before the interview date, stating
that the interview will be conducted.
(b) The prisoner may be
represented at the interview by an individual of his or her choice. The
representative must not be another prisoner. A prisoner is not entitled to
appointed counsel at public expense. The prisoner or representative may present
relevant evidence in favor of holding a public hearing as allowed in subsection
(8)(c).(6)(c).
(8) (10) In
determining whether a prisoner convicted of violating, or attempting or
conspiring to violate, section 7401(2)(a)(i) of the
public health code, 1978 PA 368, MCL 333.7401, and sentenced to imprisonment
for life before October 1, 1998 is to be released on parole, the parole board
shall consider all of the following:
(a) Whether the
violation was part of a continuing series of violations of section 7401 or 7403
of the public health code, 1978 PA 368, MCL 333.7401 and 333.7403, by that
individual.
(b) Whether the
violation was committed by the individual in concert with 5 or more other
individuals.
(c) Any of the
following:
(i) Whether the individual was a principal administrator,
organizer, or leader of an entity that the individual knew or had reason to
know was organized, in whole or in part, to commit violations of section 7401
or 7403 of the public health code, 1978 PA 368, MCL 333.7401 and 333.7403, and
whether the violation for which the individual was convicted was committed to
further the interests of that entity.
(ii) Whether the individual was a principal administrator,
organizer, or leader of an entity that the individual knew or had reason to
know committed violations of section 7401 or 7403 of the public health code,
1978 PA 368, MCL 333.7401 and 333.7403, and whether the violation for which the
individual was convicted was committed to further the interests of that entity.
(iii) Whether the violation was committed in a drug-free school
zone.
(iv) Whether the violation involved the delivery of a controlled
substance to an individual less than 17 years of age or possession with intent
to deliver a controlled substance to an individual less than 17 years of age.
(9) (11) Except as
provided in subsection (19) (17) and section 34a, a prisoner's release on parole is
discretionary with the parole board. The action of the parole board in granting
a parole is appealable by the prosecutor of the county from which the prisoner
was committed or the victim of the crime for which the prisoner was convicted.
The appeal must be to the circuit court in the county from which the prisoner
was committed, by leave of the court.
(10) (12) If the
sentencing judge, or his or her successor in office, determines on the record
that a prisoner described in subsection (7)(b) or (c) (5)(b) or (c) sentenced to imprisonment for life for
violating, or attempting or conspiring to violate, section 7401(2)(a)(i) of the public health code, 1978 PA 368, MCL 333.7401, has
cooperated with law enforcement, the prisoner is subject to the jurisdiction of
the parole board and may be released on parole as provided in subsection (7)(b) or (c) (5)(b) or (c) 2-1/2
years earlier than the time otherwise indicated in subsection (7)(b) or (c). (5)(b) or (c). The
prisoner is considered to have cooperated with law enforcement if the court determines
on the record that the prisoner had no relevant or useful information to
provide. The court shall not make a determination that the prisoner failed or
refused to cooperate with law enforcement on grounds that the defendant
exercised his or her constitutional right to trial by jury. If the court
determines at sentencing that the defendant cooperated with law enforcement,
the court shall include its determination in the judgment of sentence.
(11) (13) Except for
a prisoner granted parole under section 35(10) and notwithstanding subsections subsection (1), and (2), a prisoner
convicted of violating, or attempting or conspiring to violate, section
7401(2)(a)(i) or 7403(2)(a)(i) of the public health
code, 1978 PA 368, MCL 333.7401 and 333.7403, whose offense occurred before
March 1, 2003, and who was sentenced to a term of years, is eligible for parole
after serving 20 years of the sentence imposed for the violation if the
individual has another serious crime or 17-1/2 years of the sentence if the
individual does not have another conviction for a serious crime, or after
serving the minimum sentence imposed for that violation, whichever is less.
(12) (14) Except for
a prisoner granted parole under section 35(10) and notwithstanding subsections subsection (1), and (2), a prisoner
who was convicted of violating, or attempting or conspiring to violate, section
7401(2)(a)(ii) or 7403(2)(a)(ii) of the public health
code, 1978 PA 368, MCL 333.7401 and 333.7403, whose offense occurred before
March 1, 2003, and who was sentenced according to those sections as they
existed before March 1, 2003, is eligible for parole after serving the minimum
of each sentence imposed for that violation or 10 years of each sentence
imposed for that violation, whichever is less.
(13) (15) Except for
a prisoner granted parole under section 35(10) and notwithstanding subsections subsection (1), and (2), a prisoner
who was convicted of violating, or attempting or conspiring to violate, section
7401(2)(a)(iii) or 7403(2)(a)(iii) of the public health
code, 1978 PA 368, MCL 333.7401 and 333.7403, whose offense occurred before
March 1, 2003, and who was sentenced according to those sections as they
existed before March 1, 2003, is eligible for parole after serving the minimum
of each sentence imposed for that violation or 5 years of each sentence imposed
for that violation, whichever is less.
(14) (16) Except for
a prisoner granted parole under section 35(10) and notwithstanding subsections subsection (1), and (2), a prisoner
who was convicted of violating, or attempting or conspiring to violate, section
7401(2)(a)(iv) or 7403(2)(a)(iv) of the public health
code, 1978 PA 368, MCL 333.7401 and 333.7403, whose offense occurred before
March 1, 2003, who was sentenced according to those sections of law as they
existed before March 1, 2003 to consecutive terms of imprisonment for 2 or more
violations of section 7401(2)(a) or 7403(2)(a) of the public health code, 1978
PA 368, MCL 333.7401 and 333.7403, is eligible for parole after serving 1/2 of
the minimum sentence imposed for each violation of section 7401(2)(a)(iv) or 7403(2)(a)(iv) of the public health
code, 1978 PA 368, MCL 333.7401 and 333.7403. This subsection applies only to
sentences imposed for violations of section 7401(2)(a)(iv) or 7403(2)(a)(iv) of the public health
code, 1978 PA 368, MCL 333.7401 and 333.7403, and does not apply if the
sentence was imposed for a conviction for a new offense committed while the
individual was on probation or parole.
(15) (17) Except for
a prisoner granted parole under section 35(10) and notwithstanding subsections subsection (1), and (2), a prisoner
who was convicted of violating, or attempting or conspiring to violate, section
7401(2)(a)(ii) or (iii) or 7403(2)(a)(ii) or (iii) of the public health
code, 1978 PA 368, MCL 333.7401 and 333.7403, who had a prior conviction for a
violation of section 7401(2)(a)(ii) or (iii) or 7403(2)(a)(ii) or (iii) of the public health code, 1978 PA 368, MCL 333.7401 and
333.7403, and who was sentenced to life without parole under section 7413(1) of
the public health code, 1978 PA 368, MCL 333.7413, according to that section as
it existed before March 28, 2018 is eligible for parole after serving 5 years
of each sentence imposed for that violation.
(16) (18) The parole
board shall provide notice to the prosecuting attorney of the county in which
the prisoner was convicted before granting parole to the prisoner under
subsection (13), (14), (15), (16), or (17) (11), (12), (13), (14), or (15) or under section 35(10).
The parole board shall provide the relevant medical records to the prosecuting
attorney of the county in which the prisoner was convicted for a prisoner being
considered for parole under section 35(10) at the same time the parole board
provides the notice required under this subsection. The parole board shall also
provide notice to any known victim or, in the case of a homicide, the victim's
immediate family, that it is considering a prisoner for parole under section
35(10) at the same time it provides notice to the prosecuting attorney under
this subsection.
(17) (19) The
prosecuting attorney or victim or, in the case of a homicide, the victim's
immediate family, may object to the parole board's decision to recommend parole
by filing a motion in the circuit court in the county in which the prisoner was
convicted within 30 days of receiving notice under subsection (18). (16). Upon
notification under subsection (18) (16) and request by the victim, or, in the case of a
homicide, the victim's immediate family, the prosecuting attorney must confer
with the victim , or, in the case of a homicide, the victim's immediate
family, before making a decision regarding whether or not to object to the
parole board's determination. A motion filed under this subsection must be heard
by the sentencing judge or the judge's successor in office. The prosecuting
attorney shall inform the parole board if a motion was filed under this
subsection. A prosecutor who files a motion under this subsection may seek an
independent medical examination of the prisoner being considered for parole
under section 35(10). If an appeal is initiated under this subsection, a
subsequent appeal under subsection (11) (9) may not be initiated upon the granting of parole.
(18) (20) Both of
the following apply to a hearing conducted on a motion filed under subsection (19):(17):
(a) The prosecutor and
the parole board may present evidence in support of or in opposition to the
determination that a prisoner is medically frail, including the results of any
independent medical examination.
(b) The sentencing judge
or the judge's successor shall determine whether the prisoner is eligible for
parole as a result of being medically frail.
(19) (21) The
decision of the sentencing judge or the judge's successor on a motion filed
under subsection (19) (17)
is binding on the parole board with respect to whether a prisoner must
be considered medically frail or not. However, the decision of the sentencing
judge or the judge's successor is subject to appeal by leave to the court of appeals
granted to the department, the prosecuting attorney, or the victim or victim's
immediate family in the case of a homicide.
(20) (22) As used in
this section:
(a) "Medically
frail" means that term as defined in section 35(22).
(b) "Serious
crime" means violating or conspiring to violate article 7 of the public
health code, 1978 PA 368, MCL 333.7101 to 333.7545, that is punishable by
imprisonment for more than 4 years, or an offense against a person in violation
of section 83, 84, 86, 87, 88, 89, 316, 317, 321, 349, 349a, 350, 397, 520b,
520c, 520d, 520g, 529, 529a, or 530 of the Michigan penal code, 1931 PA 328,
MCL 750.83, 750.84, 750.86, 750.87, 750.88, 750.89, 750.316, 750.317, 750.321,
750.349, 750.349a, 750.350, 750.397, 750.520b, 750.520c, 750.520d, 750.520g,
750.529, 750.529a, and 750.530.
(c) "State
correctional facility" means a facility that houses prisoners committed to
the jurisdiction of the department.
Sec. 34a. (1) A prisoner sentenced to an indeterminate term
of imprisonment under the jurisdiction of the department, regardless of when he
or she was sentenced, shall must be considered by the department for placement in a
special alternative incarceration unit established under section 3 of the
special alternative incarceration act, 1988 PA 287, MCL 798.13, if the prisoner
meets the eligibility requirements of subsections (2) and (3). For a prisoner
committed to the jurisdiction of the department on or after March 19, 1992, the
department shall determine before the prisoner leaves the reception center
whether the prisoner is eligible for placement in a special alternative
incarceration unit, although actual placement may take place at a later date. A
determination of eligibility does not guarantee placement in a unit.
(2) To be eligible for
placement in a special alternative incarceration unit, the prisoner shall must meet all of
the following requirements:
(a) The prisoner's
minimum sentence does not exceed either of the following limits, as applicable:
(i) Twenty-four months or less for a violation of section 110
or 110a of the Michigan penal code, 1931 PA 328, MCL 750.110 and 750.110a, if
the violation involved any occupied dwelling house.
(ii) Thirty-six months or less for any other crime.
(b) The prisoner has
never previously been placed in a special alternative incarceration unit as
either a prisoner or a probationer, unless he or she was removed from a special
alternative incarceration unit for medical reasons as specified in subsection
(7).
(c) The prisoner is
physically able to participate in the program.
(d) The prisoner does
not appear to have any mental disability that would prevent participation in
the program.
(e) The prisoner is
serving his or her first prison sentence.
(f) At the time of
sentencing, the judge did not prohibit participation in the program in the
judgment of sentence.
(g) The prisoner is
otherwise suitable for the program, as determined by the department.
(h) The prisoner is not
serving a sentence for any of the following crimes:
(i) A violation of section 49, 80, 83,
89, 91, 157b, 158, 207, 260, 316, 317, 327, 328, 335a, 338, 338a, 338b, 349,
349a, 350, 422, 436, 511, 520b, 529, 529a, 531, or 544 of the Michigan penal
code, 1931 PA 328, MCL 750.49, 750.80, 750.83,
750.89, 750.91, 750.157b, 750.158, 750.207, 750.260, 750.316, 750.317, 750.327,
750.328, 750.335a, 750.338, 750.338a, 750.338b, 750.349, 750.349a, 750.350,
750.422, 750.436, 750.511, 750.520b, 750.529, 750.529a, 750.531, and 750.544, or former section 80 of that act.
(ii) A violation of section 145c, 520c, 520d, or 520g of the
Michigan penal code, 1931 PA 328, MCL 750.145c, 750.520c, 750.520d, and
750.520g.
(iii) A violation of section 72, 73, or 75 of the Michigan penal
code, 1931 PA 328, MCL 750.72, 750.73, and 750.75.
(iv) A violation of section 86, 112, 136b, 193, 195, 213, 319, 321, 329, or 397 of the Michigan penal code,
1931 PA 328, MCL 750.86, 750.112, 750.136b, 750.193, 750.195, 750.213, 750.319, 750.321, 750.329, and 750.397, or former section 319 of that act.
(v) A violation of section 2 of 1968 PA 302, MCL 752.542.
(vi) An attempt to commit a crime described in subparagraphs (i) to (v).
(vii) A violation occurring on or after January 1, 1992, of section
625(4) or (5) of the Michigan vehicle code, 1949 PA 300, MCL 257.625.
(viii) A crime for which the prisoner was punished under section
10, 11, or 12 of chapter IX of the code of criminal procedure, 1927 PA 175, MCL
769.10, 769.11, and 769.12.
(3) A prisoner who is
serving a sentence for a violation of section 7401 or 7403 of the public health
code, 1978 PA 368, MCL 333.7401 and 333.7403, and who has previously been
convicted for a violation of section 7401 or 7403(2)(a), (b), or (e) of the
public health code, 1978 PA 368, MCL 333.7401 and 333.7403, is not eligible for
placement in a special alternative incarceration unit until after he or she has
served the equivalent of the mandatory minimum sentence prescribed by statute
for that violation.
(4) If the sentencing
judge prohibited a prisoner's participation in the special alternative
incarceration program in the judgment of sentence, that prisoner shall must not be placed
in a special alternative incarceration unit. If the sentencing judge permitted
the prisoner's participation in the special alternative incarceration program
in the judgment of sentence, that prisoner may be placed in a special
alternative incarceration unit if the department determines that the prisoner
also meets the requirements of subsections (2) and (3). If the sentencing judge
neither prohibited nor permitted a prisoner's participation in the special
alternative incarceration program in the judgment of sentence, and the
department determines that the prisoner meets the eligibility requirements of
subsections (2) and (3), the department shall notify the judge or the judge's
successor, the prosecuting attorney for the county in which the prisoner was
sentenced, and any victim of the crime for which the prisoner was committed if
the victim has submitted to the department a written request for any
notification under section 19(1) of the William Van Regenmorter crime victim's
rights act, 1985 PA 87, MCL 780.769, of the proposed placement of the prisoner
in the special alternative incarceration unit. The notices shall must be sent not
later than 30 days before placement is intended to occur. The department shall
not place the prisoner in a special alternative incarceration unit unless the
sentencing judge, or the judge's successor, notifies the department, in
writing, that he or she does not object to the proposed placement. In making
the decision on whether or not to object, the judge, or judge's successor,
shall review any impact statement submitted under section 14 of the William Van
Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.764, by the victim
or victims of the crime of which the prisoner was convicted.
(5) Notwithstanding
subsection (4), a prisoner shall must not be placed in a special alternative
incarceration unit unless the prisoner consents to that placement and agrees
that the department may suspend or restrict privileges generally afforded other
prisoners including, but not limited to, the areas of visitation, property,
mail, publications, commissary, library, and telephone access. However, the
department may not suspend or restrict the prisoner's access to the prisoner
grievance system.
(6) Notwithstanding
subsections (4) and (5), a prisoner shall must not be placed in a special alternative
incarceration unit unless all of the following conditions are met for the
prisoner at the special alternative incarceration unit:
(a) Upon entry into the
special alternative incarceration unit, a validated risk and need assessment
from which a prisoner-specific transition accountability plan and
prisoner-specific programming during program enrollment are utilized.
(b) Interaction with
community-based service providers through established prison in-reach services
from the community to which the prisoner will return is utilized.
(c) Prisoner discharge
planning is utilized.
(d) Community follow-up
services are utilized.
(7) A prisoner may be
placed in a special alternative incarceration program for a period of not less
than 90 days or more than 120 days. If, during that period, the prisoner misses
more than 5 days of program participation due to medical excuse for illness or
injury occurring after he or she was placed in the program, the period of
placement shall must be
increased by the number of days missed, beginning with the sixth day of medical
excuse, up to a maximum of 20 days. However, the total number of days a
prisoner may be placed in this program, including days missed due to medical
excuse, shall must not
exceed 120 days. A medical excuse shall must be verified by a physician's statement. A prisoner
who is medically unable to participate in the program for more than 25 days shall must be returned
to a state correctional facility but may be reassigned to the program if the
prisoner meets the eligibility requirements of subsections (2) and (3).
(8) Upon certification
of completion of the special alternative incarceration program, the prisoner shall must be placed on
parole. A prisoner paroled under this section shall must have conditions of parole as determined appropriate
by the parole board and shall must be placed on parole for not less than 18 months, or
the balance of the prisoner's minimum sentence, whichever is greater, with at least not less than the
first 120 days under intensive supervision.
(9) The parole board may
suspend or revoke parole for any prisoner paroled under this section subject to
sections 39a and 40a. For a prisoner other than a
prisoner subject to disciplinary time, if If parole
is revoked before the expiration of the prisoner's minimum sentence, less disciplinary credits, good
time, the parole board shall forfeit, under section 33(13) 33(12) of 1893 PA
118, MCL 800.33, all disciplinary credits that were good time accumulated during special alternative
incarceration, and the prisoner shall must be considered for parole under section 35.
(10) The department
shall report annually to the legislature the impact of the operation of this
section, including a report concerning recidivism.
(11) The department
shall contract annually for third-party evaluations that report on both of the
following:
(a) The implementation
of the requirements of subsection (6).
(b) The success of the
special alternative incarceration program as revised under subsection (6), as
evidenced by the extent to which participants subsequently violate the
conditions of their parole, have their orders of parole revoked, or revictimize
as evidenced by being arrested or convicted for new offenses, absconding from
parole, or having outstanding warrants.
(12) Each prisoner or
probationer placed in the special alternative incarceration program shall fully
participate in the Michigan prisoner reentry initiative.
Sec. 35. (1) The release of a prisoner on parole must be
granted solely upon the initiative of the parole board. There is no entitlement
to parole. The parole board may grant a parole without interviewing the
prisoner if, after evaluating the prisoner according to the parole guidelines,
the parole board determines that the prisoner has a high probability of being
paroled and the parole board therefore intends to parole the prisoner. Except
as provided in subsection (2), a prisoner must not be denied parole without an
interview before 1 member of the parole board. The interview must be conducted
at least 1 month before the expiration of the prisoner's minimum sentence less
applicable good time. and
disciplinary credits for a prisoner eligible for good time and disciplinary
credits, or at least 1 month before the expiration of the prisoner's minimum
sentence for a prisoner subject to disciplinary time. The parole board
shall consider any statement made to the parole board by a crime victim under
the William Van Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.751
to 780.834, or under any other provision of law. The parole board shall not
consider any of the following factors in making a parole determination:
(a) A juvenile record
that a court has ordered the department to expunge.
(b) Information that is
determined by the parole board to be inaccurate or irrelevant after a challenge
and presentation of relevant evidence by a prisoner who has received a notice
of intent to conduct an interview as provided in subsection (4). This
subdivision applies only to presentence investigation reports prepared before
April 1, 1983.
(2) If, after evaluating
a prisoner according to the parole guidelines, the parole board determines that
the prisoner has a low probability of being paroled and the parole board
therefore does not intend to parole the prisoner, the parole board is not
required to interview the prisoner before denying parole to the prisoner.
(3) The parole board may
consider but shall not base a determination to deny parole solely on either of
the following:
(a) A prisoner's marital
history.
(b) Prior arrests not resulting
in conviction or adjudication of delinquency.
(4) If an interview is
to be conducted, the prisoner must be sent a notice of intent to conduct an
interview not less than 1 month before the date of the interview. The notice
must state the specific issues and concerns that will be discussed at the
interview and that may be a basis for a denial of parole. The parole board
shall not deny parole based on reasons other than those stated in the notice of
intent to conduct an interview except for good cause stated to the prisoner at
or before the interview and in the written explanation required by subsection
(20).
(5) Except for good
cause, the parole board member conducting the interview shall not have cast a
vote for or against the prisoner's release before conducting the current
interview. Before the interview, the parole board member who is to conduct the
interview shall review pertinent information relative to the notice of intent
to conduct an interview.
(6) A prisoner may waive
the right to an interview by 1 member of the parole board. The waiver of the
right to be interviewed must be in writing and given not more than 30 days
after the notice of intent to conduct an interview is issued. During the
interview held under a notice of intent to conduct an interview, the prisoner
may be represented by an individual of his or her choice. The representative
shall not be another prisoner or an attorney. A prisoner is not entitled to
appointed counsel at public expense. The prisoner or representative may present
relevant evidence in support of release.
(7) At least Not less than 90
days before the expiration of the prisoner's minimum sentence less applicable
good time and disciplinary credits for a prisoner
eligible for good time or disciplinary credits, or at least 90 days before the
expiration of the prisoner's minimum sentence for a prisoner subject to
disciplinary time, or 90 days before the
expiration of a 12-month continuance, for any prisoner, or at the request of the parole
board for a prisoner being considered for parole under subsection (10), the
appropriate institutional staff shall prepare a parole eligibility report. The
parole eligibility report is considered pertinent information for purposes of
subsection (5). The report must include all of the following:
(a) A statement of all
major misconduct charges of which the prisoner was found guilty and the
punishment served for the misconduct.
(b) The prisoner's work
and educational record while confined.
(c) The results of any
physical, mental, or psychiatric examinations of the prisoner that may have
been performed.
(d) Whether the prisoner
fully cooperated with this state by providing complete financial information as
required under section 3a of the state correctional facility reimbursement act,
1935 PA 253, MCL 800.403a.
(e) Whether the prisoner
refused to attempt to obtain identification documents under section 34c, if
applicable.
(f) For a prisoner subject to disciplinary time, a statement
of all disciplinary time submitted for the parole board's consideration under
section 34 of 1893 PA 118, MCL 800.34.
(f) (g) The result
on any validated risk assessment instrument.
(8) The preparer of the
report shall not include a recommendation as to release on parole.
(9) Psychological
evaluations performed at the request of the parole board to assist it in
reaching a decision on the release of a prisoner may be performed by the same
person who provided the prisoner with therapeutic treatment, unless a different
person is requested by the prisoner or parole board.
(10) Except for a
prisoner who was convicted of any crime that is punishable by a term of life
imprisonment without parole or of a violation of section 520b of the Michigan
penal code, 1931 PA 328, MCL 750.520b, the parole board may grant a medical
parole for a prisoner determined to be medically frail. A decision to grant a
medical parole must be initiated on the recommendation of the bureau of health
care services. If the bureau of health care services believes that the prisoner
is medically frail, the bureau shall utilize a specialist in the appropriate
field of medicine, who is not employed by the department, to evaluate the
condition of the prisoner and to report on that condition to the bureau. The
parole board, in consultation with the bureau of health care services, shall
determine whether the prisoner is medically frail. If the parole board
determines that a prisoner is medically frail and is going to be considered for
parole under this subsection, the parole board shall provide the notice and medical
records required under section 34(18). 34(16). Unless the prosecutor of the county from which
the prisoner was committed files a motion under section 34(19), 34(17), the
parole board may grant parole to a prisoner who is determined to be medically
frail. If a motion is filed under section 34(19) 34(17) and the court finds that the prisoner is eligible
for parole as a result of being medically frail, and if no additional appeals
are pending, the parole board may grant parole to the prisoner under this subsection.
The requirements of sections 33(1)(b) , (c), and (d), and (f), 33b, and 34(1), (2), (3), (4), (7), (5), (11), (12),
(13), (14), and (15) , (16), and (17) do not apply to a parole granted
under this subsection.
(11) The following conditions
apply to a parole granted under subsection (10):
(a) A prisoner must only
be released on parole under subsection (10) if he or she agrees to all of the
following:
(i) His or her placement, or, if the parolee is unable to
consent because of the parolee's physical or mental health condition, an
individual legally entitled to agree to the parolee's placement agrees that the
parolee be placed, in a medical facility approved by the parole board where
medical care and treatment can be provided.
(ii) To the release of his or her medical records that are
directly relevant to the condition or conditions rendering the prisoner
medically frail to the prosecutor and sentencing or successor judge of the
county from which the prisoner was committed before the parole board determines
whether or not to grant the prisoner parole under subsection (10).
(iii) An independent medical exam if sought by the prosecutor of
the county from which the prisoner was committed as provided under section 34(19). 34(17). If possible,
this independent medical exam must occur at a facility of the department. The
reasonable costs of this independent medical exam must be paid for by the
department.
(b) The parolee shall
adhere to the terms of his or her parole for the length of his or her parole
term.
(c) The parole must be
for a term not less than the time necessary to reach the prisoner's earliest
release date.
(d) A parolee who
violates the terms of his or her parole or is determined to no longer meet the
definition of medically frail may be transferred to a setting more appropriate
for the medical needs of the parolee or be subject to the parole violation
process under sections 38, 39, 39a, and 40a as determined by the parole board
and the department.
(e) The parolee must
only be placed in a medical facility that agrees to accept the parolee and that
is agreed upon by the parolee as described in subdivision (a)(i).
(12) The parolee or an
individual legally entitled to agree to the parolee's placement under
subsection (11)(a)(i), other than the
medical facility, shall immediately inform the parole board if any of the
following occur:
(a) The parolee is no
longer eligible for care at the medical facility at which he or she was placed.
(b) The parolee must be
moved to another location for medical care.
(c) The parolee is no
longer at the medical facility approved by the parole board.
(d) The parolee no
longer needs the level of care that resulted in the parolee's placement at the
medical facility.
(13) The parole board
shall immediately notify the prosecutor for the county in which the offender
was convicted and the sentencing or successor judge if the parolee is no longer
eligible for care or no longer needs the level of care for which the prisoner
was placed at the medical facility.
(14) The department
shall not retain authority over the medical treatment plan for a prisoner
granted parole under subsection (10) and a prisoner granted parole under
subsection (10) must have full patient rights at the medical facility where he
or she is placed.
(15) The department and
the parole board shall ensure that the placement and terms and conditions of a
parole granted under subsection (10) do not violate any other state or federal
regulations.
(16) A medical facility
housing parolees granted parole under subsection (10) must be operated in a
manner that ensures the safety of the residents of the medical facility.
(17) A parolee granted
parole under subsection (10) and placed in a medical facility has the same
patient rights and responsibilities as any other individual who is a resident
of or has been admitted to the medical facility. The medical facility is not
responsible for the enforcement of conditions of parole or the reporting of
violations of conditions of parole for any parolee placed in the medical
facility. The medical facility shall comply with state and federal laws and
regulations that protect resident rights and state and federal laws and
regulations for skilled nursing facilities, regardless of the conditions of
parole imposed on a resident parolee.
(18) The process for a
parole determination under subsection (10) does not change or affect any of the
rights afforded to a victim under the William Van Regenmorter crime victim's
rights act, 1985 PA 87, MCL 780.751 to 780.834.
(19) The department
shall file a petition to the appropriate court under section 434 of the mental
health code, 1974 PA 258, MCL 330.1434, for any prisoner being paroled or being
released after serving his or her maximum sentence whom the department
considers to be a person requiring treatment. The parole board shall require
mental health treatment as a special condition of parole for any parolee whom
the department has determined to be a person requiring treatment whether or not
the petition filed for that prisoner is granted by the court. As used in this
subsection, "person requiring treatment" means that term as defined
in section 401 of the mental health code, 1974 PA 258, MCL 330.1401.
(20) When the parole
board makes a final determination not to release a prisoner, the parole board
shall provide the prisoner with a written explanation of the reason for denial
and, if appropriate, specific recommendations for corrective action the
prisoner may take to facilitate release.
(21) This section does
not apply to the placement on parole of a person in conjunction with special
alternative incarceration under section 34a(7).
(22) As used in this
section:
(a) "Activities of
daily living" means basic personal care and everyday activities as
described in 42 CFR 441.505, including, but not limited to, tasks such as
eating, toileting, grooming, dressing, bathing, and transferring from 1
physical position to another, including, but not limited to, moving from a
reclining position to a sitting or standing position.
(b) "Medical
facility" means a hospital, hospice, nursing home, or other housing
accommodation providing medical treatment suitable to the condition or
conditions rendering the parolee medically frail.
(c) "Medically
frail" describes an individual who is a minimal threat to society as a
result of his or her medical condition, who has received a risk score of low on
a validated risk assessment, whose recent conduct in prison indicates he or she
is unlikely to engage in assaultive conduct, and who has 1 or both of the following:
(i) A permanent or terminal physical disability or serious and
complex medical condition resulting in the inability to do 1 or more of the
following without personal assistance:
(A) Walk.
(B) Stand.
(C) Sit.
(ii) A permanent or terminal disabling mental disorder,
including dementia, Alzheimer's, or a similar degenerative brain disorder that
results in the need for nursing home level of care, and a significantly
impaired ability to perform 2 or more activities of daily living.
Sec. 36. (1) All paroles shall must be ordered by the parole board and shall must be signed by
the chairperson. Written notice of the order shall must be sent by first-class mail or by electronic means
to the prosecuting attorney and the sheriff or other police officer of the
municipality or county in which the prisoner was convicted and to the
prosecuting attorney and the sheriff or other local police officer of the
municipality or county to which the paroled prisoner is sent or is to be sent.
The notice shall must be
provided within not more
than 10 days after the parole board issues its order to parole the
prisoner.
(2) A parole order may
be rescinded at the discretion of the parole board for cause before the
prisoner is released on parole. A parole shall must not be revoked unless an interview with the
prisoner is conducted by 1 member of the parole board. The purpose of the
interview is to consider and act upon information received by the board after
the original parole release decision. A revocation interview shall must be conducted within not more than 45
days after receiving the
board received the new information. At least Not less than 10 days before the interview, the parolee shall must receive a
copy or summary of the new evidence that is the basis for the interview.
(3) A parole order may
be amended at the discretion of the parole board for cause. An amendment to a
parole order shall must be
in writing and is not effective until notice of the amendment is given to the
parolee.
(4) When a parole order
is issued, the order shall must contain the conditions of the parole and shall must specifically
provide proper means of supervision of the paroled prisoner in accordance with
the rules of the bureau of field services.field operations administration.
(5) The parole order shall must contain a
condition to pay restitution to the victim of the prisoner's crime or the victim's
estate if the prisoner was ordered to make restitution under the William Van
Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.751 to 780.834, or
the code of criminal procedure, 1927 PA 175, MCL 760.1 to 777.69.
(6) The parole order shall must contain a
condition requiring the parolee to pay a parole supervision fee as prescribed
in section 36a.
(7) The parole order shall must contain a
condition requiring the parolee to pay any assessment the prisoner was ordered
to pay under section 5 of 1989 PA 196, MCL 780.905.
(8) The parole order shall must contain a
condition requiring the parolee to pay the minimum state cost prescribed by
section 1j of chapter IX of the code of criminal procedure, 1927 PA 175, MCL
769.1j, if the minimum state cost has not been paid.
(9) If the parolee is
required to be registered under the sex offenders registration act, 1994 PA
295, MCL 28.721 to 28.736, the parole order shall must contain a condition requiring the parolee to comply
with that act.
(10) If a prisoner
convicted of violating or conspiring to violate section 7401(2)(a)(i) or (ii) or 7403(2)(a)(i) or (ii) of the public health
code, 1978 PA 368, MCL 333.7401 and 333.7403, is released on parole, the parole
order shall must contain
a notice that if the parolee violates or conspires to violate article 7 of the
public health code, 1978 PA 368, MCL 333.7101 to 333.7545, and that violation
or conspiracy to violate is punishable by imprisonment for 4 or more years, or
commits a violent felony during his or her release on parole, parole shall must be revoked.
(11) A parole order issued for a prisoner subject to
disciplinary time may contain a condition requiring the parolee to be housed in
a community corrections center or a community residential home for not less
than the first 30 days but not more than the first 180 days of his or her term
of parole. As used in this subsection, "community corrections center"
and "community residential home" mean those terms as defined in
section 65a.
(11) (12) The parole
order shall must contain
a condition requiring the parolee to pay the following amounts owed by the
prisoner, if applicable:
(a) The balance of
filing fees and costs ordered to be paid under section 2963 of the revised
judicature act of 1961, 1961 PA 236, MCL 600.2963.
(b) The balance of any
filing fee ordered to be paid by a federal court under 28 USC 1915 and any
unpaid order of costs assessed against the prisoner.
(12) (13) In each
case in which payment of restitution is ordered as a condition of parole, a
parole officer assigned to a the case shall review the case not less than twice
yearly to ensure that restitution is being paid as ordered. The final review shall must be conducted
not less than 60 days before the expiration of the parole period. If the parole
officer determines that restitution is not being paid as ordered, the parole
officer shall file a written report of the violation with the parole board on a
form prescribed by the parole board. The report shall must include a statement of the amount of arrearage and
any reasons for the arrearage known by the parole officer. The parole board
shall immediately provide a copy of the report to the court, the prosecuting
attorney, and the victim.
(13) (14) If a
parolee is required to register under the sex offenders registration act, 1994
PA 295, MCL 28.721 to 28.736, the parole officer shall register the parolee as
provided in that act.
(14) (15) Beginning August 28, 2006, if If a parolee convicted of violating or conspiring to violate
section 520b or 520c of the Michigan penal code, 1931 PA 328, MCL 750.520b and
750.520c, other than a parolee who is subject to lifetime electronic monitoring
under section 85, is placed on parole, the parole board may require that the
parolee be subject to electronic monitoring. The electronic monitoring required
under this subsection shall must be conducted in the same manner, and shall be is subject to
the same requirements, as is described in section 85
of this act and section 520n(2) of the Michigan penal code, 1931 PA 328,
MCL 750.520n, and section 85, except as follows:
(a) The electronic
monitoring shall must continue
only for the duration of the term of parole.
(b) A violation by the
parolee of any requirement prescribed in section 520n(2)(a)
to (c) 520n(2) is a violation of a
condition of parole, not a felony violation.
(15) (16) If the
parole order contains a condition intended to protect 1 or more named persons,
the department shall enter those provisions of the parole order into the
corrections management information system, accessible by the law enforcement
information network. If the parole board rescinds a parole order described in
this subsection, the department within 3 business days shall remove from the
corrections management information system the provisions of that parole order.
(16) (17) Each
prisoner who is required to be registered under the sex offenders registration
act, 1994 PA 295, MCL 28.721 to 28.736, before being released on parole or
being released upon completion of his or her maximum sentence, shall provide to
the department notice of the location of his or her proposed place of residence
or domicile. The department then shall forward that notice of location to the
appropriate law enforcement agency as required under section 5(3) of the sex
offenders registration act, 1994 PA 295, MCL 28.725. A prisoner who refuses to
provide notice of the location of his or her proposed place of residence or
domicile or knowingly provides an incorrect notice of the location of his or
her proposed place of residence or domicile under this subsection is guilty of
a felony punishable by imprisonment for not more than 4 years or a fine of not
more than $2,000.00, or both.
(17) (18) If a prisoner
is serving a sentence for violating section 411i of the Michigan penal code,
1931 PA 328, MCL 750.411i, (aggravated stalking), and if a victim of that crime
has registered to receive notices about that prisoner under the William Van
Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.751 to 780.834, the
parole order for that prisoner shall must require that the prisoner's location be monitored
by a global positioning monitoring system during the entire period of the
prisoner's parole. If, at the time a prisoner described in this subsection is
paroled, no victim of the crime has registered to receive notices about that
prisoner under the William Van Regenmorter crime victim's rights act, 1985 PA
87, MCL 780.751 to 780.834, but a victim of the crime subsequently registers to
receive those notices, the prisoner's order of parole shall
must immediately be modified to require
that the prisoner's location be monitored by a global positioning system during
the balance of the period of that prisoner's parole. As used in this
subsection, "global positioning monitoring system" means a system
that electronically determines and reports the location of an individual by
means of an ankle bracelet transmitter or similar device worn by the
individual, which transmits latitude and longitude data to monitoring
authorities through global positioning satellite technology but does not
include any radio frequency identification technology, global positioning
technology, or similar technology that would be implanted in the parolee or
would otherwise violate the corporeal body of the parolee.
(18) (19) The parole
order shall must require
the parolee to provide written consent to submit to a search of his or her
person or property upon demand by a peace officer or parole officer. The
written consent shall must
include the prisoner's name and date of birth, his or her physical
description, the date for release on parole, and the ending date for that
parole. The prisoner shall sign the written consent before being released on parole.
The department shall promptly enter this condition of parole into the
department's corrections management information system or offender management
network information system or into a corresponding records management system
that is accessible through the law enforcement information network. Consent to
a search as provided under this subsection does not authorize a search that is
conducted with the sole intent to intimidate or harass.
(19) (20) As used in
this section, "violent felony" means an offense against a person in
violation of section 82, 83, 84, 86, 87, 88, 89, 316, 317, 321, 349, 349a, 350,
397, 520b, 520c, 520d, 520e, 520g, 529, 529a, or 530 of the Michigan penal
code, 1931 PA 328, MCL 750.82, 750.83, 750.84, 750.86, 750.87, 750.88, 750.89, 750.316,
750.317, 750.321, 750.349, 750.349a, 750.350, 750.397, 750.520b, 750.520c,
750.520d, 750.520e, 750.520g, 750.529, 750.529a, and 750.530.
Sec. 51. (1) There is created within the department a
hearings division. The division is under the direction and supervision of the
hearings administrator who is appointed by the director of the department.
(2) Except as otherwise
provided in this section, the hearings division is responsible for each
prisoner hearing the department conducts that may result in the loss by a
prisoner of a right, including but not limited to any 1 or more of the
following matters:
(a) An infraction of a
prison rule that may result in punitive segregation , loss of disciplinary credits, or the loss of good
time.
(b) A security
classification that may result in the placement of a prisoner in administrative
segregation.
(c) A special
designation that permanently excludes, by department policy or rule, a person
under the jurisdiction of the department from community placement.
(d) Visitor
restrictions.
(e) High or very high
assaultive risk classifications.
(3) Except as otherwise provided in this section, the
hearings division is responsible for each prisoner hearing that may result in
the accumulation of disciplinary time.
(3) (4) The
hearings division is not responsible for a prisoner hearing that is conducted
for prisoners transferred under section 11a to an institution of another state
pursuant to the interstate corrections compact.
(4) (5) The
hearings division is not responsible for a prisoner hearing that is conducted
as a result of a minor misconduct charge that would not cause a loss of good
time or disciplinary credits, or result in
placement in punitive segregation.
(5) (6) Each
hearings officer of the department is under the direction and supervision of
the hearings division. Each hearings officer hired by the department after
October 1, 1979 , shall must be an attorney.
Sec. 65. (1) Under rules promulgated by the director of the
department, the assistant director in charge of the bureau
of correctional facilities administration,
except as otherwise provided in this section, may cause the transfer or
re-transfer of a prisoner from a correctional facility to which he or she was
committed to any other correctional facility, or temporarily to a state
institution for medical or surgical treatment. In effecting a transfer, the
assistant director in charge of the bureau of correctional facilities administration may utilize the services of an executive
or employee within the department and of a law enforcement officer of the this state.
(2) A prisoner who is subject to disciplinary time and is
committed to the jurisdiction of the department must be confined in a secure
correctional facility for the duration of his or her minimum sentence, except
for periods when the prisoner is away from the secure correctional facility while
being supervised by an employee of the department or by an employee of a
private contractor that operates a facility or institution that houses
prisoners under the jurisdiction of the department for 1 of the following
purposes:
(a) Visiting a critically ill relative.
(b) Attending the funeral of a relative.
(c) Obtaining medical services not otherwise available at the
secure correctional facility.
(d) Participating in a work detail.
(2) (3) As used in
this section, "offender" means a citizen of the United States or a
foreign country who has been convicted of a crime and been given a sentence in
a country other than the country of which he or she is a citizen. If a treaty
is in effect between the United States and a foreign country, which provides
for the transfer of offenders from the jurisdiction of 1 of the countries to
the jurisdiction of the country of which the offender is a citizen, and if the
offender requests the transfer, the governor of this state or a person
designated by the governor may give the approval of this state to a transfer of
an offender, if the conditions of the treaty are satisfied.
(3) (4) Not less
than 45 days before approval of a transfer under subsection (3) (2) from this state
to another country, the governor, or the governor's designee, shall notify the
sentencing judge and the prosecuting attorney of the county having original
jurisdiction, or their successors in office, of the request for transfer. The
notification must indicate any name changes of the offender subsequent to
sentencing. Within 20 days after receiving notification under this subsection,
the judge or prosecutor may send to the governor, or the governor's designee,
information about the criminal action against the offender or objections to the
transfer. Objections to the transfer must not preclude approval of the
transfer.
(5) As used in this section, "secure correctional
facility" means a facility that houses prisoners under the jurisdiction of
the department according to the following requirements:
(a) The facility is enclosed by a locked fence or wall that
is designed to prevent prisoners from leaving the enclosed premises and that is
patrolled by correctional officers.
(b) Prisoners in the facility are restricted to the area
inside the fence or wall.
(c) Prisoners are under guard by correctional officers 7 days
per week, 24 hours per day.
Sec. 65a. (1) Under prescribed conditions, the director may
extend the limits of confinement of a prisoner when there is reasonable
assurance, after consideration of all facts and circumstances, that the
prisoner will not become a menace to society or to the public safety, by
authorizing the prisoner to do any of the following:
(a) Visit a specifically
designated place or places. An extension of limits may be granted only to a
prisoner housed in a state correctional facility to permit a visit to a
critically ill relative, attendance at the funeral of a relative, or contacting
prospective employers. The maximum amount of time a prisoner is eligible for an
extension of the limits of confinement under this subdivision shall must not exceed a
cumulative total period of 30 days.
(b) Obtain medical
services not otherwise available to a prisoner housed in a state correctional
facility.
(c) Work at paid
employment, participate in a training or educational program, or participate in
a community residential drug treatment program while continuing as a prisoner
housed on a voluntary basis at a community corrections center or in a community
residential home.
(2) The director shall
promulgate rules to implement this section.
(3) The willful failure
of a prisoner to remain within the extended limits of his or her confinement or
to return within the time prescribed to an institution or facility designated
by the director shall be is
considered an escape from custody as provided in section 193 of the
Michigan penal code, 1931 PA 328, MCL 750.193.
(4) Subject to
subsection (8), (7), a
prisoner , other than a
prisoner subject to disciplinary time, who is convicted of a crime of
violence or any assaultive crime is not eligible for the extensions of the
limits of confinement provided in subsection (1) until the minimum sentence
imposed for the crime has less than 180 days remaining.
(5) Subject to subsection (8), a prisoner subject to
disciplinary time is not eligible for the extensions of the limits of
confinement provided in subsection (1) until he or she has served the minimum
sentence imposed for the crime.
(5) (6) However, notwithstanding subsections Notwithstanding
subsection (4), or (5), if the reason
for the extension is to visit a critically ill relative, attend the funeral of
a relative, or obtain medical services not otherwise available, the director
may allow the extension under escort as provided in subsection (1).
(6) (7) A prisoner
serving a sentence for murder in the first degree is not eligible for the
extensions of confinement under this section until a parole release date is
established by the parole board and in no case before serving 15 calendar years
with a good institutional adjustment.
(7) (8) A prisoner
who is convicted of a crime of violence or any assaultive crime, and whose
minimum sentence imposed for the crime is 10 years or more, shall must not be placed
in a community residential home during any portion of his or her sentence.
(8) (9) As used in
this section:
(a) "Community
corrections center" means a facility either contracted for or operated by
the department in which a security staff is on duty 7 days per week, 24 hours
per day.
(b) "Community
residential home" means a location where electronic monitoring of prisoner
presence is provided by the department 7 days per week, 24 hours per day,
except that the department may waive the requirement that electronic monitoring
be provided as to any prisoner who is within 3 months of his or her parole
date.
(c) "State
correctional facility" means a facility or institution that houses a
prisoner population under the jurisdiction of the department. State
correctional facility does not include a community corrections center or
community residential home.
Enacting section 1. Sections 33b and 33c of the corrections code of 1953, 1953 PA 232, MCL 791.233b and 791.233c, 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 all of the following bills of the 100th Legislature are enacted into law:
(a) Senate Bill No. 1242.
(b) Senate Bill No. 1241.
(c) Senate Bill No. 1240.