Bill Text: MI SB1315 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Criminal procedure; warrants; warrantless search of parolees; provide for under certain circumstances. Amends sec. 36 of 1953 PA 232 (MCL 791.236).
Spectrum: Partisan Bill (Republican 6-0)
Status: (Passed) 2012-12-31 - Assigned Pa 0623'12 With Immediate Effect [SB1315 Detail]
Download: Michigan-2011-SB1315-Introduced.html
SENATE BILL No. 1315
September 25, 2012, Introduced by Senators PROOS, GREEN, JONES, ROBERTSON, NOFS and COLBECK and referred to the Committee on Judiciary.
A bill to amend 1953 PA 232, entitled
"Corrections code of 1953,"
by amending section 36 (MCL 791.236), as amended by 2011 PA 165.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 36. (1) All paroles shall be ordered by the parole board
and shall be signed by the chairperson. Written notice of the order
shall 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 be provided within 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(2) A parole order may be rescinded at the discretion of the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 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 be conducted within 45 days after receiving the new
information. At least 10 days before the interview, the parolee
shall 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 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 contain the
conditions of the parole and shall specifically provide proper
means of supervision of the paroled prisoner in accordance with the
rules of the bureau of field services.
(5) The parole order shall 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 contain a condition requiring the
parolee to pay a parole supervision fee as prescribed in section
36a.
(7) The parole order shall 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 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 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 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 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.
(12) The parole order shall 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.
(13) In each case in which payment of restitution is ordered
as a condition of parole, a parole officer assigned to a case shall
review the case not less than twice yearly to ensure that
restitution is being paid as ordered. The final review shall 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 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.
(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.
(15) Beginning August 28, 2006, 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 be
conducted in the same manner, and shall be 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,
except as follows:
(a) The electronic monitoring shall 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) is a violation of a condition of
parole, not a felony violation.
(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.
(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(2)
or, beginning July 1, 2011, 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.
(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 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 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.
(19) The parole order shall 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 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.
(20) (19)
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.
