Bill Text: MI SB1055 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Corrections; other; prohibition for sex offenders to participate in certain holiday events involving children under 18 years of age; require as condition of day parole from county jail. Amends sec. 1 of 1962 PA 60 (MCL 801.251).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-12-18 - Referred To Committee On Judiciary [SB1055 Detail]
Download: Michigan-2009-SB1055-Introduced.html
SENATE BILL No. 1055
December 18, 2009, Introduced by Senator WHITMER and referred to the Committee on Judiciary.
A bill to amend 1962 PA 60, entitled
"An act to provide for the day parole of prisoners in county jails
to permit them to be gainfully employed outside the jail or pursue
other activities; to provide for the granting of reductions in
terms of imprisonment and the regulation thereof; and to provide
for the disposition of earnings from such employment,"
by amending section 1 (MCL 801.251), as amended by 1987 PA 146.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
1. (1) Except as otherwise provided in subsection (2)
this section, in imposing a sentence or ordering the commitment of
a person to a county jail for any reason, the court may grant to
the person the privilege of leaving the jail during necessary and
reasonable hours for any of the following purposes:
(a) Seeking employment.
(b) Working at his or her employment.
(c) Conducting his or her own self-employed business or
occupation, including housekeeping and caring for the needs of his
or her family.
(d) Attendance at an educational institution.
(e) Medical treatment, substance abuse treatment, mental
health counseling, or psychological counseling.
(2) A person may petition the court for such privilege at the
time of sentence or commitment, and in the discretion of the court
may renew his or her petition. The court may withdraw the privilege
at any time by order entered with or without notice.
(3) (2)
A person shall not be granted the
privileges described
in subsection (1), except for the privilege of leaving the jail
during necessary and reasonable hours for the purpose of medical
treatment, substance abuse treatment, mental health counseling, or
psychological counseling, if the person is housed in the jail while
serving all or any part of a sentence of imprisonment for any of
the following crimes:
(a) Section 145c, 520b, 520c, 520d, or 520g of the Michigan
penal
code, Act No. 328 of the Public Acts of 1931, being sections
750.145c,
750.520b, 750.520c, 750.520d, and 750.520g of the
Michigan Compiled Laws 1931 PA 328, MCL 750.145c, 750.520b,
750.520c, 750.520d, and 750.520g.
(b) Murder in connection with sexual misconduct.
(c) An attempt to commit a crime described in subdivision (a)
or (b).
(4) In addition to any other requirements for the proper
supervision of a person granted the privilege of leaving jail under
this act, the court order granting that privilege shall prohibit
the person described in this subsection from participating in any
way in activities traditionally conducted during holidays when
individuals less than 18 years of age are present, including, but
not limited to, wearing a costume related to the traditions of the
holiday or dispensing candy. This subsection applies to any person
who was convicted of a listed offense as that term is defined in
section 2 of the sex offenders registration act, 1994 PA 295, MCL
28.722, and who is released from jail under this act on or after
the effective date of the amendatory act that added this
subsection. This subsection does not apply to any of the following:
(a) A person who was released from jail under this act before
the effective date of the amendatory act that added this
subsection.
(b) A parent or guardian of a person under 18 years of age who
is present in the person's home where no other individuals less
than 18 years of age are present, except as otherwise provided in
subdivision (c).
(c) A person attending a holiday gathering that is primarily
attended by the person's immediate family. As used in this
subdivision, "immediate family" means any of the following:
(i) The person's parent, spouse, sibling, or child.
(ii) The spouse of the person's parent, sibling, or child.
(iii) A child of the person's parent, spouse, sibling, or child.
(5) (3)
As used in this act,
"jail" means a facility that is
operated by a county for the detention of persons charged with, or
convicted of, criminal offenses or ordinance violations, or persons
found guilty of civil or criminal contempt, for not more than 1
year.
