Bill Text: MI SB0262 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Corrections: prisoners; termination of sentences and release for certain marihuana-related offenses; provide for. Creates new act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-04-11 - Referred To Committee On Judiciary And Public Safety [SB0262 Detail]
Download: Michigan-2019-SB0262-Introduced.html
SENATE BILL NO. 262
April 11, 2019, Introduced by Senator SANTANA
and referred to the Committee on Judiciary and Public Safety.
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."
(a) "Controlling sentence" means a sentence of probation, or imprisonment in jail or in a state correctional facility for 1 or more violations of section 7403(2)(d) or 7404(2)(d) of the public health code, 1978 PA 368, MCL 333.7403 and 333.7404, for the possession or use of marihuana.
(b) "Department" means the department of corrections.
(c) "Noncontrolling sentence" means a sentence that an individual is serving that is not a controlling sentence.
(d) "Qualifying individual" means an individual who is currently serving a sentence and whose controlling offense is a violation of section 7403(2)(d) or 7404(2)(d) of the public health code, 1978 PA 368, MCL 333.7403 and 333.7404, for the possession or use of marihuana.
Sec. 5. A qualifying individual is eligible for termination of that individual's controlling sentence as provided in section 7 and discharge from parole as provided in section 9. Not later than 90 days after the effective date of this act, the sentencing court and the department shall identify all qualifying individuals who are eligible for termination of a sentence or discharge from parole under this act and shall review each sentence subject to section 7 or 9.
Sec. 7. (1) The sentencing court shall terminate a qualifying individual's controlling sentence if the individual is serving a controlling sentence and if all of the following apply:
(a) The individual is not currently subject to a parole or probation violation process.
(b) The individual is not currently an absconder from probation supervision.
(c) The individual does not have a pending felony detainer.
(d) The individual has paid the restitution ordered by the court for the controlling offense.
(2) If the sentence of an individual is terminated under this section, the sentencing court shall amend the supervision fee ordered to be paid by that individual to the amount of the number of months the individual was on supervision before the sentence was terminated.
(3) The sentencing court shall resentence a qualifying individual if the controlling sentence of that individual is terminated under subsection (1) and that individual is also serving a noncontrolling sentence. This act does not prohibit a sentencing court from terminating a qualifying individual's noncontrolling sentence as otherwise provided under law.
Sec. 9. (1) The parole board shall discharge a qualifying individual from parole if all of the following apply:
(a) The individual is not currently subject to a parole violation process.
(b) The individual is not currently an absconder from parole supervision.
(c) The individual does not have a pending felony detainer.
(d) The individual has paid the restitution ordered by the court for the controlling offense.
(2) If a qualifying individual is discharged under this section, the department shall amend the parole supervision fee ordered to be paid by that individual to the amount of the number of months the individual was on supervision before the sentence was terminated.
