SENATE BILL No. 933

January 25, 2000, Introduced by Senator JAYE and referred to the Committee on Judiciary.

A bill to amend 1953 PA 232, entitled

"An act to revise, consolidate, and codify the laws relating to

probationers and probation officers, to pardons, reprieves, com-

mutations, and paroles, to the administration of correctional

institutions, correctional farms, and probation recovery camps,

to prisoner labor and correctional industries, and to the super-

vision and inspection of local jails and houses of correction; to

provide for the siting of correctional facilities; to create a

state department of corrections, and to prescribe its powers and

duties; to provide for the transfer to and vesting in said

department of powers and duties vested by law in certain other

state boards, commissions, and officers, and to abolish certain

boards, commissions, and offices the powers and duties of which

are transferred by this act; to allow for the operation of cer-

tain facilities by private entities; to prescribe the powers and

duties of certain other state departments and agencies; to pro-

vide for the creation of a local lockup advisory board; to pre-

scribe penalties for the violation of the provisions of this act;

to make certain appropriations; to repeal certain parts of this

act on specific dates; and to repeal all acts and parts of acts

inconsistent with the provisions of this act,"

by amending section 42 (MCL 791.242) and by adding section 36b.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

05202'99 a DRM

2

1 SEC. 36B. (1) THE PAROLE BOARD SHALL INCLUDE IN AN ORDER OF

2 PAROLE FOR A PRISONER DESCRIBED IN SUBSECTION (2) A CONDITION

3 REQUIRING THAT THE PAROLEE NOT RESIDE IN HOUSING OWNED OR OPER-

4 ATED BY A PUBLIC OR PRIVATE COMMUNITY COLLEGE, COLLEGE, OR

5 UNIVERSITY.

6 (2) THIS SECTION APPLIES TO A PRISONER SERVING A SENTENCE

7 FOR A VIOLATION OR ATTEMPTED VIOLATION OF ANY OF THE FOLLOWING:

8 (A) SECTION 158 OF THE MICHIGAN PENAL CODE, 1931 PA 328, MCL

9 750.158 (SODOMY).

10 (B) SECTION 335A OF THE MICHIGAN PENAL CODE, 1931 PA 328,

11 MCL 750.335A (INDECENT EXPOSURE).

12 (C) SECTION 338 OF THE MICHIGAN PENAL CODE, 1931 PA 328, MCL

13 750.338 (GROSS INDECENCY BETWEEN MALES).

14 (D) SECTION 338A OF THE MICHIGAN PENAL CODE, 1931 PA 328,

15 MCL 750.338A (GROSS INDECENCY BETWEEN FEMALES).

16 (E) SECTION 338B OF THE MICHIGAN PENAL CODE, 1931 PA 328,

17 MCL 750.338B (GROSS INDECENCY BETWEEN MALES AND FEMALES).

18 (F) SECTION 350 OF THE MICHIGAN PENAL CODE, 1931 PA 328, MCL

19 750.350 (LEADING, TAKING, CARRYING AWAY, DECOYING, OR ENTICING

20 AWAY CHILD UNDER 14 YEARS OF AGE).

21 (G) SECTION 451 OF THE MICHIGAN PENAL CODE, 1931 PA 328, MCL

22 750.451 (SECOND OR SUBSEQUENT PROSTITUTION VIOLATION).

23 (H) SECTION 452 OF THE MICHIGAN PENAL CODE, 1931 PA 328, MCL

24 750.452 (MAINTAINING OR OPERATING HOUSE OF ILL FAME).

25 (I) SECTION 455 OF THE MICHIGAN PENAL CODE, 1931 PA 328, MCL

26 750.455 (PANDERING).

05202'99 a

3

1 (J) SECTION 456 OF THE MICHIGAN PENAL CODE, 1931 PA 328, MCL

2 750.456 (PLACING WIFE IN HOUSE OF PROSTITUTION).

3 (K) SECTION 457 OF THE MICHIGAN PENAL CODE, 1931 PA 328, MCL

4 750.457 (ACCEPTING EARNINGS OF PROSTITUTE).

5 (l) SECTION 458 OF THE MICHIGAN PENAL CODE, 1931 PA 328, MCL

6 750.458 (DETAINING FEMALE IN HOUSE OF PROSTITUTION FOR DEBT).

7 (M) SECTION 459 OF THE MICHIGAN PENAL CODE, 1931 PA 328, MCL

8 750.459 (TRANSPORTING FEMALE FOR PROSTITUTION).

9 (N) SECTION 520B OF THE MICHIGAN PENAL CODE, 1931 PA 328,

10 MCL 750.520B (FIRST DEGREE CRIMINAL SEXUAL CONDUCT).

11 (O) SECTION 520C OF THE MICHIGAN PENAL CODE, 1931 PA 328,

12 MCL 750.520C (SECOND DEGREE CRIMINAL SEXUAL CONDUCT).

13 (P) SECTION 520D OF THE MICHIGAN PENAL CODE, 1931 PA 328,

14 MCL 750.520D (THIRD DEGREE CRIMINAL SEXUAL CONDUCT).

15 (Q) SECTION 520G OF THE MICHIGAN PENAL CODE, 1931 PA 328,

16 MCL 750.520G (ASSAULT WITH INTENT TO COMMIT CRIMINAL SEXUAL

17 CONDUCT).

18 (R) A LAW OF THE UNITED STATES, ANOTHER STATE, OR A POLITI-

19 CAL SUBDIVISION OF THIS STATE OR ANOTHER STATE SUBSTANTIALLY COR-

20 RESPONDING TO A VIOLATION DESCRIBED IN SUBDIVISIONS (A) TO (Q).

21 Sec. 42. (1) When any A paroled prisoner has faithfully

22 performed all of the conditions and obligations of his OR HER

23 parole for the period of time fixed in such THE order OF

24 PAROLE, and has obeyed all of the rules and regulations adopted

25 by the parole board, he OR SHE shall be deemed CONSIDERED to

26 have served his OR HER full sentence, and the parole board shall

05202'99 a

4

1 enter a final order of discharge and issue to the paroled

2 prisoner a certificate of discharge.

3 (2) No A parole shall NOT be granted for a period OF less

4 than 2 years in all cases FOR A PRISONER CONVICTED of murder,

5 actual forcible rape, robbery armed, kidnapping, extortion, or

6 breaking and entering an occupied dwelling in the night time

7 except where the maximum time remaining to be served on the sen-

8 tence is less than 2 years.

9 (3) A PAROLE SHALL NOT BE GRANTED FOR A PERIOD OF LESS THAN

10 5 YEARS FOR A PRISONER CONVICTED OF A CRIME LISTED IN SECTION

11 36B.

05202'99 a Final page. DRM