Introduced by Senators Miller, Cisky, Hoffman, Bullard, McManus,
Shugars, Steil, V. Smith, Cherry, O'Brien, Schwarz, Stille, Conroy,
Young and Hart
AN ACT to amend 1953 PA 232, entitled:"An act to revise,
consolidate, and codify the laws relating to probationers and
probation officers, to pardons, reprieves, commutations, and paroles,
to the administration of correctional institutions, correctional
farms, and probation recovery camps, to prisoner labor and correctional
industries, and to the supervision 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 certain facilities by private entities; to prescribe
the powers and duties of certain other state departments and agencies;
to provide for the creation of a local lockup advisory board;
to prescribe 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,Ó
by amending sections 34 and 36 (MCL 791.234 and 791.236), section
34 as amended by 1998 PA 209 and section 36 as amended by 1996
PA 554."
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, plus
any disciplinary time accumulated pursuant to section 34 of 1893
PA 118, MCL 800.34.
(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, plus any disciplinary time. 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.
(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.
(6) A prisoner under sentence for life or for a term of years,
other than a prisoner sentenced for life for murder in the first
degree, or sentenced for life for a violation of chapter XXXIII
of the Michigan penal code, 1931 PA 328, MCL 750.200 to 750.212a,
who has served 10 calendar years of the sentence in the case of
a prisoner sentenced for any other crime committed before October
1, 1992, or, except as provided in subsection (10), who has served
20 calendar years of the sentence in the case of a prisoner 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, who has another conviction for a serious crime,
or, except as provided in subsection (10), who has served 17-1/2
calendar years of the sentence in the case of a prisoner 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, who does not have another conviction for a serious
crime, or who has served 15 calendar years of the sentence in
the case of a prisoner sentenced for any other crime committed
on or after October 1, 1992, is subject to the jurisdiction of
the parole board and may be released on parole by the parole board,
subject to the following conditions:
(a) One member of the parole board shall interview the prisoner
at the conclusion of 10 calendar years of the sentence and every
5 years thereafter until the prisoner is paroled, discharged,
or deceased. The interview schedule prescribed in this subdivision
applies to all prisoners to whom this subsection is applicable,
regardless of the date on which they were sentenced.
(b) A parole shall not be granted a prisoner so sentenced 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 judgeÕs
successor in office, and parole shall not be granted if the sentencing
judge, or the judgeÕs 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 prisonerÕs file.
(c) A parole granted under this subsection 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 ordered under
this subsection 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 this
subsection is a public record.
(d) A parole shall not be granted under this subsection in
the case of a prisoner who is otherwise prohibited by law from
parole consideration. In such cases the interview procedures in
section 44 shall be followed.
(7) 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.
(8) Except as provided in section 34a, a prisonerÕs
release on parole is discretionary with the parole board. The
action of the parole board in granting or denying a parole is
appealable by the prisoner, 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.
(9) The provisions of this section regarding prisoners subject
to disciplinary time take effect beginning on the effective date
of 1994 PA 217, as prescribed in enacting section 2 of that amendatory
act.
(10) If the sentencing judge, or his or her successor in office,
determines on the record that a prisoner described in subsection
(6) 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 (6), 2-1/2
years earlier than the time otherwise indicated in subsection
(6). 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) As used in this section, "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.
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 amended or rescinded at the discretion
of the parole board for cause. If a paroled prisoner who is required
to register pursuant to the sex offenders registration act, 1994
PA 295, MCL 28.721 to 28.732, willfully violates that act, the
parole board shall rescind the parole. 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 and violates
or conspires to violate article 7 of the public health code, 1978
PA 368, MCL 333.7401 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.
(3) A parole shall not be rescinded unless an interview 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 rescission
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. 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 prisonerÕs crime or the victimÕs
estate if the prisoner was ordered to make restitution pursuant
to the crime victimÕs rights act, 1985 PA 87, MCL 780.751
to 780.834, or the code of criminal procedure, 1927 PA 175, MCL
760.1 to 776.22.
(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) If the parolee is required to be registered under the sex offenders registration act, 1994 PA 295, MCL 28.721 to 28.732, the parole order shall contain a condition requiring the parolee to comply with that act.
(9) 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 333.7401 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.
(10) A parole order issued for a prisoner subject to disciplinary
time shall 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,
Òcommunity corrections centerÓ and Òcommunity
residential homeÓ mean those terms as defined in section
65a. This subsection applies beginning on the date that sentencing
guidelines are enacted into law after the sentencing commission
submits recommended sentencing guidelines to the secretary of
the senate and the clerk of the house of representatives pursuant
to section 33 of chapter IX of the code of criminal procedure,
1927 PA 175, MCL 769.33.
(11) 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 U.S.C. 1915 and any unpaid order of costs assessed against
the prisoner.
(12) 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) If a parolee is required to register pursuant to the sex
offenders registration act, 1994 PA 295, MCL 28.721 to 28.732,
the parole officer shall register the parolee as provided in that
act.
(14) 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.
Enacting section 1. This amendatory act takes effect October
1, 1998.
This act is ordered to take immediate effect.
_________________________________
Secretary of the Senate.
__________________________________
Clerk of the House of Representatives.
Approved_________________________________
_________________________________________
Governor.