Bill Text: MI HB4102 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Corrections; parole; corrections code of 1953; amend to implement medically frail parole. Amends secs. 33, 33b & 34 of 1953 PA 232 (MCL 791.233 et seq.). TIE BAR WITH: HB 4101'17
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2018-05-17 - Referred To Committee Of The Whole With Substitute S-1 [HB4102 Detail]
Download: Michigan-2017-HB4102-Introduced.html
HOUSE BILL No. 4102
January 26, 2017, Introduced by Reps. Lucido, VerHeulen, Pagel, Garcia, Victory, LaGrand, Howrylak, Chang, Schor, Robinson, Ellison, Love, Whiteford, Wittenberg, Calley, Rabhi and Lilly and referred to the Committee on Appropriations.
A bill to amend 1953 PA 232, entitled
"Corrections code of 1953,"
by amending sections 33, 33b, and 34 (MCL 791.233, 791.233b, and
791.234), section 33 as amended by 1998 PA 320, section 33b as
amended by 2010 PA 94, and section 34 as amended by 2016 PA 354.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 33. (1) The grant of a parole is subject to all of the
following:
(a)
A prisoner shall must 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 and section 35(10), a
parole
shall must 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 section 35(10), and
notwithstanding
the provisions of subdivision (b), a parole shall
must 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 and section 35(10), a
parole
shall must not be granted to a prisoner subject to
disciplinary time until the prisoner has served the minimum term
imposed by the court.
(e)
A prisoner shall must 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.
(f)
A Except as provided in
section 35(10), a prisoner whose
minimum
term of imprisonment is 2 years or more shall must 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 The
parole board may
promulgate rules under the administrative procedures act of 1969,
1969 PA 306, MCL 24.201 to 24.328, that are not inconsistent with
this act with respect to conditions to be imposed upon prisoners
paroled under this act.
Sec.
33b. A Except for a prisoner
granted parole under section
35(10), a person convicted and sentenced for the commission of any
of the following crimes other than a prisoner subject to
disciplinary time is not eligible for parole until the person 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, and is not eligible for special parole:
(a) Section 13 of the Michigan penal code, 1931 PA 328, MCL
750.13.
(b) Section 14 of the Michigan penal code, 1931 PA 328, MCL
750.14.
(c) Section 72, 73, or 75 of the Michigan penal code, 1931 PA
328, MCL 750.72, 750.73, and 750.75.
(d)
Section 80, 82, 83, 84, 86, 87, 88, 89, or 90 of the
Michigan
penal code, 1931 PA 328, MCL 750.80, 750.82, 750.83,
750.84, 750.86, 750.87, 750.88, 750.89, and 750.90, or former
section
85 80 of that act.
(e) Section 91 or 92 of the Michigan penal code, 1931 PA 328,
MCL 750.91 and 750.92.
(f) Section 110, 112, or 116 of the Michigan penal code, 1931
PA 328, MCL 750.110, 750.112, and 750.116.
(g)
Section 135 , or
136b(2) , or 136b(3) or (3) of
the
Michigan penal code, 1931 PA 328, MCL 750.135 and 750.136b, or
former section 136a of that act.
(h) Section 158 of the Michigan penal code, 1931 PA 328, MCL
750.158.
(i) Section 160 of the Michigan penal code, 1931 PA 328, MCL
750.160.
(j) Former section 171 of the Michigan penal code, 1931 PA
328.
(k) Section 196 of the Michigan penal code, 1931 PA 328, MCL
750.196, or former section 194 of that act.
(l) Section 204, 207, 209, or 213 of the Michigan penal code,
1931 PA 328, MCL 750.204, 750.207, 750.209, and 750.213, or former
section 205, 206 or 208 of that act.
(m) Section 224, 226, or 227 of the Michigan penal code, 1931
PA 328, MCL 750.224, 750.226, and 750.227.
(n) Section 316, 317, 319, 321, 322, 323, 327, 328, or 329 of
the Michigan penal code, 1931 PA 328, MCL 750.316, 750.317,
750.319, 750.321, 750.322, 750.323, 750.327, 750.328, and 750.329.
(o) Former section 333 of the Michigan penal code, 1931 PA
328.
(p) Section 338, 338a, or 338b of the Michigan penal code,
1931 PA 328, MCL 750.338, 750.338a, and 750.338b, or former section
341 of that act.
(q) Section 349, 349a, or 350 of the Michigan penal code, 1931
PA 328, MCL 750.349, 750.349a, and 750.350.
(r) Section 357 of the Michigan penal code, 1931 PA 328, MCL
750.357.
(s) Section 386 or 392 of the Michigan penal code, 1931 PA
328, MCL 750.386 and 750.392.
(t) Section 397 or 397a of the Michigan penal code, 1931 PA
328, MCL 750.397 and 750.397a.
(u) Section 436 of the Michigan penal code, 1931 PA 328, MCL
750.436.
(v) Section 511 of the Michigan penal code, 1931 PA 328, MCL
750.511, or former section 517 of that act.
(w) Section 520b, 520c, 520d, or 520g of the Michigan penal
code, 1931 PA 382, MCL 750.520b, 750.520c, 750.520d, and 750.520g.
(x) Section 529, 529a, 530, or 531 of the Michigan penal code,
1931 PA 328, MCL 750.529, 750.529a, 750.530, and 750.531.
(y) Section 544 of the Michigan penal code, 1931 PA 328, MCL
750.544, or former section 545a of that act.
(z) Former section 2 of 1950 (Ex Sess) PA 38.
(aa) Former section 6 of 1952 PA 117.
(bb) Section 1, 2, or 3 of 1968 PA 302, MCL 752.541, 752.542,
and 752.543.
(cc)
Section 7401(2)(a) , 7401(2)(b), or (b) or 7402(2)(a) ,
or
7402(2)(b) or (b) of the public health code, 1978 PA 368, MCL
333.7401 and 333.7402.
Sec. 34. (1) Except for a prisoner granted parole under
section 35(10) or 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 for a prisoner granted parole under section 35(10)
or 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.
(3)
If Except for a prisoner
granted parole under section
35(10), 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 must be
added
to compute the new maximum term under this subsection, and
discharge
shall must 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 Except for a prisoner
granted parole under section
35(10), 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 must
be added to compute the
new
maximum term under this subsection, and discharge shall must 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 sentenced to imprisonment for life for any of
the
following is not eligible for parole under section 35(10) only
and
is instead otherwise 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.
(7)
A Except for a prisoner
granted parole under section
35(10), a prisoner sentenced to imprisonment for life, other than a
prisoner described in subsection (6), is subject to the
jurisdiction of the parole board and may be placed on parole
according to the conditions prescribed in subsection (8) 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), the prisoner has
served 20 calendar years of a sentence for violating, or attempting
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), the prisoner has
served 17-1/2 calendar years of the sentence for violating, or
attempting 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.
(8) A parole granted to a prisoner under subsection (7) 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), 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) 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 must
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
must 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 must
be given to the sentencing
judge,
or the judge's successor in office. Parole shall must not
be
granted if the sentencing judge files written objections to the
granting of the parole within 30 days of receipt of the notice of
hearing,
but the sentencing judge's written objections shall bar
the granting of parole only if the sentencing judge is still in
office in the court before which the prisoner was convicted and
sentenced. A sentencing judge's successor in office may file
written objections to the granting of parole, but a successor
judge's
objections shall must not bar the granting of parole under
subsection (7). If written objections are filed by either the
sentencing
judge or the judge's successor in office, they shall
must be made part of the prisoner's file.
(d)
A parole granted under subsection (7) shall must 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) is not valid until the transcript of the
record is filed with the attorney general whose certification of
receipt
of the transcript shall must
be returned 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) is a public record.
(9) An interview conducted under subsection (8)(a) is subject
to both of the following requirements:
(a)
The prisoner shall must 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 must 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)(c).
(10) In determining whether a prisoner convicted of violating,
or attempting 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.
(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
must be to the circuit court in the county from which the prisoner
was committed, by leave of the court.
(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) sentenced to imprisonment for life for
violating, or attempting 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) 2-1/2 years earlier than the
time otherwise indicated in subsection (7)(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.
(13)
Notwithstanding Except for
a prisoner granted parole
under section 35(10), and notwithstanding subsections (1) and (2),
an
individual a prisoner convicted of violating, or attempting or
conspiring to violate, section 7401(2)(a)(i) or 7403(2)(a)(i) of
the public health code, 1978 PA 368, MCL 333.7401 and 333.7403,
whose offense occurred before March 1, 2003, and who was sentenced
to a term of years, is eligible for parole after serving 20 years
of the sentence imposed for the violation if the individual has
another serious crime or 17-1/2 years of the sentence if the
individual does not have another conviction for a serious crime, or
after serving the minimum sentence imposed for that violation,
whichever is less.
(14)
Notwithstanding Except for
a prisoner granted parole
under section 35(10), and notwithstanding subsections (1) and (2),
an
individual a prisoner who was convicted of violating, or
attempting 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, whose offense occurred before March 1, 2003, and who
was sentenced according to those sections as they existed 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.
(15)
Notwithstanding Except for
a prisoner granted parole
under section 35(10), and notwithstanding subsections (1) and (2),
an
individual a prisoner who was convicted of violating, or
attempting 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, whose offense occurred before March 1, 2003,
and who was sentenced according to those sections as they existed
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.
(16)
Notwithstanding Except for
a prisoner granted parole
under section 35(10), and notwithstanding subsections (1) and (2),
an
individual a prisoner who was convicted of violating, or
attempting 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, whose offense occurred before March 1, 2003, who was
sentenced according to those sections of law as they existed before
March 1, 2003 to consecutive terms of imprisonment for 2 or more
violations of section 7401(2)(a) or 7403(2)(a), of the public
health code, 1978 PA 368, MCL 333.7401 and 333.7403, 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) of the
public health code, 1978 PA 368, MCL 333.7401 and 333.7403. This
subsection applies only to sentences imposed for violations of
section 7401(2)(a)(iv) or 7403(2)(a)(iv) of the public health code,
1978 PA 368, MCL 333.7401 and 333.7403, and does not apply if the
sentence was imposed for a conviction for a new offense committed
while the individual was on probation or parole.
(17) The parole board shall provide notice to the prosecuting
attorney
of the county in which the individual prisoner was
convicted
before granting parole to the individual prisoner under
subsection (13), (14), (15), or (16).
(18) 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.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No. ____ or House Bill No. 4101 (request no.
01425'17) of the 99th Legislature is enacted into law.
