Bill Text: MI SB1307 | 2011-2012 | 96th Legislature | Engrossed
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-Engrossed.html
SB-1307, As Passed Senate, October 17, 2012
SENATE BILL No. 1307
September 25, 2012, Introduced by Senator JONES 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, 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 such 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) (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).
Senate Bill No. 1307 as amended September 27, 2012
(4) (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.
Sec. 1a. (1) Before an individual convicted of a felony is
released from jail under section 1 to attend work or school, the
court shall order the department of corrections to verify that the
individual is employed or is enrolled in school, as applicable. The
department of corrections shall provide this 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 department has determined that the individual is employed or is
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.>>
