Bill Text: MI HB4112 | 2009-2010 | 95th Legislature | Introduced

---

Bill Title: Corrections; prisoners; certain prisoner reentry programs, including issuance of identification card and copies of other identifying documents; require, and require prisoners to obtain certain records. Amends secs. 35, 37 & 67 of 1953 PA 232 (MCL 791.235 et seq.) & adds sec. 34b. TIE BAR WITH: HB 4113'09, HB 4114'09, HB 4115'09

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2009-01-27 - Printed Bill Filed 01/23/2009 [HB4112 Detail]

Download: Michigan-2009-HB4112-Introduced.html

---

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4112

 

January 22, 2009, Introduced by Rep. Lori and referred to the Committee on Judiciary.

 

     A bill to amend 1953 PA 232, entitled

 

"Corrections code of 1953,"

 

by amending sections 35, 37, and 67 (MCL 791.235, 791.237, and

 

791.267), section 35 as amended by 1998 PA 315, section 37 as

 

amended by 1994 PA 217, and section 67 as amended by 1996 PA 565,

 

and by adding section 34b.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 34b. (1) The department, by contract or otherwise, shall

 

assist prisoners with reentry into the community, including, but

 

not limited to, both of the following:

 

     (a) The department shall assist prisoners in obtaining the

 

identification documents described in this section.

 

     (b) Subject to the department's security needs, the department

 

shall reasonably allow prisoners to obtain the following

 

identification documents before those prisoners are released on

 

parole or discharged upon completion of their maximum sentences:

 

     (i) Any of the identification documents that, in combination

 

with the prisoner identification card issued under section 37(4),

 

would satisfy the application requirements for obtaining an

 

operator's license or state personal identification card as

 

established by the secretary of state under section 307 of the

 

Michigan vehicle code, 1949 PA 300, MCL 257.307, or section 1 of

 

1972 PA 222, MCL 28.291.

 

     (ii) A social security card.

 

     (2) A prisoner's attempt or failure to attempt to obtain the

 

documents identified in subsection (1)(b) is a factor that is to be

 

considered as part of the prisoner's parole eligibility report, as

 

provided in section 35(7)(e).

 

     (3) This section applies to all prisoners serving a sentence

 

under the jurisdiction of the department after the effective date

 

of this section.

 

     (4) The department shall provide to each prisoner a copy of

 

the form described in section 14 of chapter XI of the code of

 

criminal procedure, 1927 PA 175, MCL 771.14, listing the personal

 

identification documents referenced in subsection (1). For a

 

prisoner who begins serving a sentence under the jurisdiction of

 

the department after the effective date of this section, the

 

department shall provide the form not later than 10 days after the

 

prisoner arrives at a reception center under section 67(1). For any

 

prisoner who is under the jurisdiction of the department on the

 

effective date of this section, the department shall provide the

 

form not later than 30 days after the effective date of this

 

section.

 

     (5) The department shall allow the secretary of state to have

 

electronic access to prisoner biography information for the purpose

 

of verifying the identity of prisoners who apply for driver

 

licenses or state personal identification cards.

 

     (6) The reentry success fund is created within the state

 

treasury. The state treasurer may receive money or other assets

 

from any source for deposit into the fund. The state treasurer

 

shall direct the investment of the fund. The state treasurer shall

 

credit to the fund interest and earnings from fund investments.

 

Money in the fund at the close of the fiscal year shall remain in

 

the fund and shall not lapse to the general fund. The department of

 

corrections shall expend money from the reentry success fund, upon

 

appropriation, only for the expenses of performing the activities

 

required by this section.

 

     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 William Van Regenmorter 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). 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.

 

     (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) Whether the prisoner attempted to obtain identification

 

documents under section 34b, if applicable.

 

     (f) (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. 37. (1) When a prisoner is released upon parole, the

 

department shall provide the prisoner with clothing and a

 

nontransferable ticket to the place in which the paroled prisoner

 

is to reside. At the discretion of the deputy director in charge of

 

the bureau of field services operations administration, the paroled

 

prisoner may be advanced the expense of the transportation to the

 

place of residence and a sum of money necessary for reasonable

 

maintenance and subsistence for a 2-week period, as determined by

 

the deputy director. A sum of money given under this section shall

 

be repaid to the state by the paroled prisoner within 180 days

 

after the money is received by the paroled prisoner.

 

     (2) If a prisoner who is discharged without being paroled has

 

less than $75.00 in his or her immediate possession, has no visible

 

means of support, and has conserved personal funds in a reasonable

 

manner, the department shall furnish to that prisoner all of the

 

following:

 

     (a) Clothing that is appropriate for the season.

 

     (b) A sum of $75.00 including that amount already in the

 

prisoner's possession.

 

     (c) Transportation to a place in this state where the prisoner

 

will reside or work or to the place where the prisoner was

 

convicted or sentenced.

 

     (3) When providing for transportation, the department shall do

 

all of the following:

 

     (a) Use the most economical available public transportation.

 

     (b) Arrange for and purchase the prisoner's transportation

 

ticket.

 

     (c) Assume responsibility for delivering that prisoner to the

 

site of departure and confirming the prisoner's departure from the

 

site.

 

     (4) The department shall provide a prisoner identification

 

card to each prisoner when he or she is released on parole or is

 

released upon completion of his or her maximum sentence. The

 

identification card shall include all of the following based upon

 

all available information:

 

     (a) The prisoner's photograph, taken not earlier than 6 months

 

before the prisoner's date of release.

 

     (b) The prisoner's name as identified on the prisoner's birth

 

certificate or on any 1 of the other identification documents

 

specified by the secretary of state as being necessary to obtain an

 

operator's license or state personal identification card, if those

 

documents are available; or the prisoner's name listed on his or

 

her commitment papers.

 

     (c) The prisoner's place and date of birth.

 

     (d) The date on which the prisoner began his or her term of

 

incarceration at a state correctional facility.

 

     (e) A statement as to whether the prisoner was placed on

 

parole or discharged upon completion of his or her sentence.

 

     (5) (4) The cost of implementing this section shall be paid

 

out of the general fund of the state.

 

     Sec. 67. (1) Quarters for temporary confinement apart from

 

those of regular inmates shall be provided for convicted prisoners

 

upon commitment at each of the state correctional facilities, which

 

the director shall designate as a reception center. Within 60 days

 

after the arrival of a convicted prisoner at such a state

 

correctional facility, the classification committee shall make and

 

complete a comprehensive study of the prisoner, including physical

 

and psychiatric examinations, to ensure that the prisoner is

 

confined in the state correctional facility suited to the type of

 

rehabilitation required in his or her case. The warden of the state

 

correctional facility shall deliver a report of the study of the

 

classification committee to the deputy director of the correctional

 

facilities administration, who shall, within 5 days after receipt

 

of the report, execute an order to confine the prisoner in the

 

state correctional facility determined as suitable by the deputy

 

director.

 

     (2) Immediately upon arrival at a reception center designated

 

pursuant to subsection (1), each incoming prisoner shall undergo a

 

test for HIV or an antibody to HIV. This subsection does not apply

 

if an incoming prisoner has been tested for HIV or an antibody to

 

HIV under section 5129 of the public health code, Act No. 368 of

 

the Public Acts of 1978, being section 333.5129 of the Michigan

 

Compiled Laws 1978 PA 368, MCL 333.5129, within the 3 months

 

immediately preceding the date of the prisoner's arrival at the

 

reception center, as indicated by the record transferred to the

 

department by the court under that section.

 

     (3) If a prisoner receives a positive test result and is

 

subsequently subject to discipline by the department for sexual

 

misconduct that could transmit HIV, illegal intravenous use of

 

controlled substances, or assaultive or predatory behavior that

 

could transmit HIV, the department shall house that prisoner in

 

administrative segregation, an inpatient health care unit, or a

 

unit separate from the general prisoner population, as determined

 

by the department.

 

     (4) The department shall report each positive test result to

 

the department of community health, in compliance with section 5114

 

of Act No. 368 of the Public Acts of 1978, being section 333.5114

 

of the Michigan Compiled Laws the public health code, 1978 PA 368,

 

MCL 333.5114.

 

     (5) If an employee of the department sustains a percutaneous,

 

mucous membrane, or open wound exposure to the blood or body fluid

 

of a prisoner, the employee may, and the department shall, proceed

 

under section 67b.

 

     (6) Upon the request of an employee of the department, the

 

department shall provide or arrange for a test for HIV or an

 

antibody to HIV for that employee, free of charge.

 

     (7) Upon the request of an employee of the department, the

 

department shall provide to that employee the equipment necessary

 

to implement universal precautions to prevent transmission of HIV

 

infection.

 

     (8) A prisoner who receives a positive HIV test result under

 

subsection (5) shall not work in a health facility operated by the

 

department.

 

     (9) The department shall conduct a seroprevalence study of the

 

prisoners in all state correctional facilities to determine the

 

percentage of prisoners who are HIV infected.

 

     (10) The results of a test for HIV or an antibody to HIV

 

conducted under this section shall be disclosed by the department

 

pursuant to section 67b.

 

     (11) The deputy director of the correctional facilities

 

administration shall take steps to ensure that all prisoners who

 

receive HIV testing receive counseling regarding AIDS including, at

 

a minimum, treatment, transmission, and protective measures.

 

     (12) The department, in conjunction with the department of

 

community health, shall develop and implement a comprehensive AIDS

 

education program designed specifically for correctional

 

environments. The program shall be conducted by the bureau within

 

the department responsible for health care, for staff and for

 

prisoners at each state correctional facility.

 

     (13) By March 30, 1991, the department shall submit a report

 

regarding the testing component, managerial aspects, and

 

effectiveness of subsections (2) to (12) to the senate and house

 

committees with jurisdiction over matters pertaining to

 

corrections, and to the senate and house committees with

 

jurisdiction over matters pertaining to public health.

 

     (13) (14) As used in this section:

 

     (a) "AIDS" means acquired immunodeficiency syndrome.

 

     (b) "HIV" means human immunodeficiency virus.

 

     (c) "Positive test result" means a double positive enzyme-

 

linked immunosorbent assay test, combined with a positive western

 

blot assay test, or a positive test under an HIV test that is

 

considered reliable by the federal centers for disease control and

 

is approved by the department of community health.

 

     Enacting section 1. This amendatory act does not take effect

 

unless all of the following bills of the 95th Legislature are

 

enacted into law:

 

     (a) Senate Bill No.____ or House Bill No. 4113(request no.

 

00337'09 a).

 

     (b) Senate Bill No.____ or House Bill No. 4114(request no.

 

00337'09 b).

 

     (c) Senate Bill No.____ or House Bill No. 4115(request no.

 

00337'09 c).