February 13, 2007, Introduced by Rep. Cushingberry and referred to the Committee on Judiciary.
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,
section 33 as amended by 1998 PA 320, section 34 as amended by 2006
PA 167, sections 34a, 35, and 65a as amended by 1998 PA 315,
section 36 as amended by 2006 PA 403, section 51 as amended by 1998
PA 269, and section 65 as amended by 1998 PA 512; 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 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 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 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 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 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 effort to
employ, if qualified, Michigan residents at the facility.
(c) The private vendor shall make a 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 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 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 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 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 be provided for juvenile prisoners
housed at the facility who have not earned a high school diploma or
received a general education certificate (GED):
(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 certificate participate in classes that
will prepare him or her to participate effectively in the GED
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 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 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 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:
(a) A prisoner shall 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 34a, a parole shall 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 whenever 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 notwithstanding the
provisions of subdivision (b), a parole shall 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, a parole shall not be
granted
to a prisoner subject to disciplinary time until the
prisoner
has served the minimum term imposed by the court.
(d) (e)
A prisoner shall 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.
(e) (f)
A prisoner whose minimum term of imprisonment is 2
years or more shall not be released on parole unless he or she has
either earned a high school diploma or earned its equivalent in the
form of a general education development (GED) 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 of corrections
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 general education
development certificate. If the prisoner does not have the
necessary proficiency in English, the department of corrections
shall provide English language training for that prisoner necessary
for the prisoner to begin working toward the completion of the
requirements for a general education development certificate. This
subdivision applies to prisoners sentenced for crimes committed
after December 15, 1998. In providing an educational program
leading to a high school degree or general education development
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) Pursuant to the administrative procedures act of 1969,
1969 PA 306, MCL 24.201 to 24.328, the parole board may promulgate
rules not inconsistent with this act with respect to conditions to
be imposed upon prisoners paroled under this act.
Sec. 34. (1) Except 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 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)
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 shall be added to compute the new maximum term under this
subsection, and discharge shall 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)
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 shall be added to compute the new
maximum
term under this subsection, and discharge shall 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:
(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)
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
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
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 shall be notified of the upcoming file
review at least 30 days before the file review takes place and
shall 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 shall
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 shall be given to the sentencing
judge, or the judge's successor in office, and parole shall not be
granted if the sentencing judge, or the judge's successor in
office, files written objections to the granting of the parole
within 30 days of receipt of the notice of hearing. The written
objections shall be made part of the prisoner's file.
(d)
A parole granted under subsection (7) (5) shall 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 shall be returnable 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 shall 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 shall 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)(b) 6(b).
(8) (10)
In determining whether a prisoner
convicted of
violating 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 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 shall 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 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)
An individual convicted of
violating 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, 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.
(12) (14)
An individual convicted of
violating 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, 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.
(13) (15)
An individual convicted of
violating 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, before March
1, 2003 who is sentenced to a term of imprisonment that is
consecutive to a term of imprisonment imposed for any other
violation of section 7401(2)(a)(i) to (iv) or section 7403(2)(a)(i)
to (iv) 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). This subsection does not apply if the sentence was
imposed for a conviction for a new offense committed while the
individual is on probation or parole.
(14) (16)
The parole board shall provide
notice to the
prosecuting attorney of the county in which the individual was
convicted before granting parole to the individual under subsection
(13),
(14), or (15) (11), (12), or
(13).
(15) (17)
As used in this section:
(a) "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.
(b) "State correctional facility" means a facility that houses
prisoners
committed to the jurisdiction of the department. , and
includes
a youth correctional facility operated under section 20g
by
the department or a private vendor.
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).
(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 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, or former section 516 or 517 of the Michigan penal code,
1931 PA 328.
(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 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 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 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.
Sec. 35. (1) The release of a prisoner on parole shall be
granted solely upon the initiative of the parole board. The parole
board may grant a parole without interviewing the prisoner.
However,
beginning on the date on which the administrative rules
prescribing
parole guidelines pursuant to section 33e(5) take
effect
January 26, 1996, the parole board may grant a parole
without interviewing the prisoner only 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 shall
not be denied parole without an interview before 1 member of the
parole board. The interview shall 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 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)
Beginning on the date on which the administrative rules
prescribing
the parole guidelines take effect pursuant to section
33e(5)
January 26, 1996, 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 shall not be 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 shall be
sent a notice of intent to conduct an interview at least 1 month
before the date of the interview. The notice shall state the
specific issues and concerns that shall be discussed at the
interview and that may be a basis for a denial of parole. A denial
of parole shall not be 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 (12). This subsection
does not apply until April 1, 1983.
(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
shall be given not more than 30 days after the notice of intent to
conduct an interview is issued and shall be made in writing. During
the interview held pursuant to 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. This subsection does not apply
until April 1, 1983.
(7) At least 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, a parole eligibility
report shall be prepared by
appropriate institutional staff. The parole eligibility report
shall be considered pertinent information for purposes of
subsection (5). The report shall 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 the 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)
For a prisoner subject to disciplinary time, a statement
of
all disciplinary time submitted for the parole board's
consideration
pursuant to section 34 of 1893 PA 118, MCL 800.34.
(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) The parole board may grant a medical parole for a
prisoner determined to be physically or mentally incapacitated. A
decision to grant a medical parole shall be initiated upon the
recommendation of the bureau of health care services and shall be
reached only after a review of the medical, institutional, and
criminal records of the prisoner.
(11) The department shall submit 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.
(12) When the parole board makes a final determination not to
release a prisoner, the prisoner shall be provided with a written
explanation of the reason for denial and, if appropriate, specific
recommendations for corrective action the prisoner may take to
facilitate release.
(13) This section does not apply to the placement on parole of
a person in conjunction with special alternative incarceration
under section 34a(7).
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 given to the sheriff or other police officer of the
municipality or county in which the prisoner was convicted, and to
the sheriff or other local police officer of the municipality or
county to which the paroled prisoner is sent.
(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 pursuant to
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
pursuant to 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.
(11) (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 section 1915 of title 28 of the United States
Code, 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
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.
(13) (14)
If a parolee is required to
register pursuant to 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 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.
(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(2) 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)
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 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, except as otherwise provided in this
section,
may cause the transfer or re-transfer retransfer of a
prisoner from a correctional facility to which committed to any
other correctional facility, or temporarily to a state institution
for medical or surgical treatment. In effecting a transfer, the
assistant director of the bureau of correctional facilities may
utilize the services of an executive or employee within the
department and of a law enforcement officer of the state.
(2)
A prisoner who is subject to disciplinary time and is
committed
to the jurisdiction of the department shall 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 vendor
that
operates a youth correctional facility under section 20g 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
pursuant
to 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 shall indicate any name
changes of the offender subsequent to sentencing. Within 20 days
after receiving such notification, 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 shall 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 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 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 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 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 owned or
leased by 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.
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 94th Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 4263(request no.
00896'07 a).
(b) Senate Bill No.____ or House Bill No.____ (request no.
00896'07 b).