HB-6642, As Passed House, December 4, 2008

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 6642

 

November 12, 2008, Introduced by Reps. Ward, Alma Smith, Condino, Virgil Smith, Vagnozzi and Byrnes and referred to the Committee on Judiciary.

 

     A bill to amend 1953 PA 232, entitled

 

"Corrections code of 1953,"

 

(MCL 791.201 to 791.285) by adding section 47.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 47. (1) Notwithstanding any other provision of this act,

 

and except as otherwise provided in subsection (2), the director

 

may release a prisoner to the custody and control of the United

 

States immigration and customs enforcement if the department

 

receives an order of deportation for the prisoner from the United

 

States immigration and naturalization service and the prisoner has

 

served at least 1/2 of the sentence imposed by the court.

 

     (2) Subsection (1) does not apply to any of the following

 

prisoners:

 

     (a) A prisoner serving a sentence for violating section 316 or

 


317 of the Michigan penal code, 1931 PA 328, MCL 750.316 and

 

750.317 (first or second degree homicide).

 

     (b) A prisoner serving a sentence for violating section 520b,

 

520c, or 520d of the Michigan penal code, 1931 PA 328, MCL

 

750.520b, 750.520c, and 750.520d (criminal sexual conduct).

 

     (c) A prisoner who was sentenced 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) If a prisoner who is released under this section returns

 

illegally to the United States, the director, upon notification

 

from any federal or state law enforcement agency that the prisoner

 

is in custody, shall revoke the prisoner's release. A prisoner who

 

is returned under this subsection is not eligible for parole or any

 

other release from confinement during the remainder of his or her

 

sentence.