Bill Text: MI SB1307 | 2011-2012 | 96th Legislature | Chaptered
Bill Title: Criminal procedure; sentencing; verification of school enrollment or employment of individual released from jail to attend school or for employment purposes; amend day parole act to require and provide for conditions of release. Amends sec. 1 of 1962 PA 60 (MCL 801.251) & adds sec. 1a.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2012-12-31 - Assigned Pa 0613'12 With Immediate Effect [SB1307 Detail]
Download: Michigan-2011-SB1307-Chaptered.html
Act No. 613
Public Acts of 2012
Approved by the Governor
January 8, 2013
Filed with the Secretary of State
January 9, 2013
EFFECTIVE DATE: March 1, 2013
STATE OF MICHIGAN
96TH LEGISLATURE
REGULAR SESSION OF 2012
Introduced by Senator Jones
ENROLLED SENATE BILL No. 1307
AN ACT 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, and by adding section 1a.
The People of the State of Michigan enact:
Sec. 1. (1) Except as otherwise provided in subsection (2) and subject to section 1a, a sentence or commitment of a person to a county jail for any reason 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 a privilege described in subsection (1) 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) 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, 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) 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.
Sec. 1a. (1) Before an individual convicted of a felony is released from jail under section 1 to attend work or school, the court, at the time of sentencing, shall order the department of corrections to verify that the individual is currently employed or currently enrolled in school, as applicable. However, the requirement for verification of employment or school enrollment by the department of corrections does not apply if the county sheriff has provided or will provide that verification. If required, the department of corrections shall provide the verification to the court within 7 days after the order is issued. The court shall not order an individual to be released to attend work or school unless the county sheriff or the department has determined that the individual is currently employed or currently enrolled in school, as applicable. The order of release shall provide that release is contingent at all times upon the approval of the county sheriff.
(2) As used in this section:
(a) “Felony” means that term as defined in section 1 of chapter I of the code of criminal procedure, 1927 PA 175, MCL 761.1.
(b) “School” means any of the following:
(i) A school of secondary education.
(ii) A community college, college, or university.
(iii) A state-licensed technical or vocational school or program.
(iv) A program that prepares the person for the general education development (GED) test.
Enacting section 1. This amendatory act takes effect March 1, 2013.
This act is ordered to take immediate effect.
Secretary of the Senate
Clerk of the House of Representatives
Approved
Governor
