May 16, 2006, Introduced by Reps. Alma Smith, Pastor, Gleason, Condino, Meisner, Lipsey and Plakas and referred to the Committee on Judiciary.
A bill to amend 1953 PA 232, entitled
"Corrections code of 1953,"
by amending section 34a (MCL 791.234a), as amended by 1998 PA 315.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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 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 meet all of the following
requirements:
(a) The prisoner's minimum sentence does not exceed either of
the following limits, as applicable:
(i) 24 months or less for a violation of section 110 of the
Michigan penal code, 1931 PA 328, MCL 750.110, if the violation
involved any occupied dwelling house.
(ii) 36 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
(6).
(b) (c)
The prisoner is physically able to participate in
the program.
(c) (d)
The prisoner does not appear to have any mental
disability that would prevent participation in the program.
(d) (e)
The prisoner is serving his or her first or second
prison sentence.
(e) (f)
At the time of sentencing, the judge did not
prohibit participation in the program in the judgment of sentence.
(f) (g)
The prisoner is otherwise suitable for the program,
as determined by the department.
(g) (h)
The prisoner has not served, and is not
serving, a
sentence for any of the following crimes:
(i) A violation of section 11, 49, 80, 83, 89, 91, 157b, 158,
207, 260, 316, 317, 327, 328, 335a, 338, 338a, 338b, 349, 349a,
350,
422, 436, 511, 516, 517, 520b, 529, 529a, 531, or
544 of the
Michigan penal code, 1931 PA 328, MCL 750.11, 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,
750.516,
750.517, 750.520b, 750.529, 750.529a, 750.531, and
750.544.
(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.
(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 pursuant to
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 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
pursuant to 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 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 pursuant to
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 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) 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 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 not exceed 120 days. A medical excuse
shall be verified by a physician's statement. A prisoner who is
medically unable to participate in the program for more than 25
days shall 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).
(7) Upon certification of completion of the special
alternative incarceration program, the prisoner shall be placed on
parole. A prisoner paroled under this section shall have conditions
of parole as determined appropriate by the parole board and shall
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 the first 120 days under intensive supervision.
(8) 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 parole is revoked before the expiration of the prisoner's
minimum sentence, less disciplinary credits, the parole board shall
forfeit, pursuant to section 33(13) of 1893 PA 118, MCL 800.33, all
disciplinary credits that were accumulated during special
alternative incarceration, and the prisoner shall be considered for
parole pursuant to section 35.
(9) On March 19, 1993, and annually after that time, the
department shall report to the legislature the impact of the
operation of this section, including a report concerning
recidivism.