SENATE BILL No. 1565

November 5, 2008, Introduced by Senators KUIPERS and KAHN and referred to the Committee on Judiciary.

A bill to amend 1953 PA 232, entitled

"Corrections code of 1953,"

by amending section 35 (MCL 791.235), as amended by 1998 PA 315.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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~~ is 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)~~ (13). 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 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.

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) In addition to any other requirements under this act

pertaining to the placement of a prisoner on parole, the parole

board shall require that a prisoner meet all of the following

requirements before placing that prisoner on parole:

(a) The prisoner shall show that he or she has not used

controlled substances illegally or abused alcohol while

incarcerated during the preceding 3 years.

(b) If the prisoner has a history of drug or alcohol abuse,

the prisoner shall have a specific, detailed plan for drug or

alcohol treatment while on parole.

prisoner, the prisoner shall have a specific, detailed plan for

receiving mental health treatment while on parole.

(d) The prisoner shall have a specific, detailed plan for

employment upon release on parole and shall show that he or she has

the job skills appropriate for that employment.

(e) The prisoner shall show that he or she will be assisted in

reentering the community in which he or she will reside by

individuals who live in that community, such as family members,

clergy, and counselors.

(f) The prisoner shall have obtained a valid birth

certificate.

(13) ~~(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