Bill Text: MI HB6508 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Corrections; prisoners; release of certain prisoners upon the prisoner's petition if certain marihuana offenses are decriminalized; provide for. Creates new act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-11-28 - Bill Electronically Reproduced 11/27/2018 [HB6508 Detail]
Download: Michigan-2017-HB6508-Introduced.html
HOUSE BILL No. 6508
November 27, 2018, Introduced by Reps. Santana, Hertel, Wittenberg, Peterson, Cochran, Yancey, Robinson, Love and Neeley and referred to the Committee on Law and Justice.
A bill to provide for the release of prisoners convicted of
certain offenses from imprisonment; to provide for the process by
which a prisoner may seek relief; and to provide for the powers and
duties of certain state and local governmental officers and
entities.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"marihuana violation sentence reduction act".
Sec. 3. (1) Subject to section 7, an individual convicted of a
violation of part 74 of the public health code, 1978 PA 368, MCL
333.7401 to 333.7461, based on the use, possession, or distribution
of marihuana, and who is currently serving a prison sentence for
that marihuana violation may be eligible for release from
incarceration as provided in this section and section 5.
(2) An individual who is currently incarcerated for a
violation described in subsection (1) may petition the parole board
seeking a determination regarding whether or not he or she is
eligible for release under section 5.
(3) The parole board shall make a determination regarding
whether or not an individual is eligible for release under section
5.
(4) The determination made by the parole board under
subsection (3) must be based upon the requirement in section 5.
(5) If the parole board finds that a petitioner is not
eligible for release under subsection (3), the petitioner may
appeal that denial to the director of the department of
corrections.
Sec. 5. Subject to section 7, if the parole board determines
that a petitioner is currently incarcerated for a violation of part
74 of the public health code, 1978 PA 368, MCL 333.7401 to
333.7461, based on the use, possession, or distribution of
marihuana that has been entirely decriminalized, the parole board
must order the petitioner to be immediately released from
incarceration.
Sec. 7. This act only applies if the offenses created under
part 74 of the public health code, 1978 PA 368, MCL 333.7401 to
333.7461, based on the use, possession, or distribution of
marihuana, are repealed or amended in a manner that reduces the
criminal penalties currently provided for in part 74 of the public
health code, 1978 PA 368, MCL 333.7401 to 333.7461, for offenses
based on the use, possession, or distribution of marihuana.
Enacting section 1. This act takes effect 90 days after the
date it is enacted into law.
