February 4, 2015, Introduced by Reps. Heise, Kelly, Santana, Chang, Webber and Pagel and referred to the Committee on Criminal Justice.
A bill to amend 1953 PA 232, entitled
"Corrections code of 1953,"
by amending sections 11a, 20g, 33, 33e, 35, 39a, and 40a (MCL
791.211a, 791.220g, 791.233, 791.233e, 791.235, 791.239a, and
791.240a), section 11a as amended by 1998 PA 204, section 20g as
amended by 2000 PA 211, section 33 as amended by 1998 PA 320,
section 33e as added by 1992 PA 181, section 35 as amended by 2012
PA 24, section 39a as added by 1982 PA 314, and section 40a as
amended by 2006 PA 532.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 11a. (1) The director of corrections may enter into
contracts on behalf of this state as the director considers
appropriate to implement the participation of this state in the
pursuant to entered
into under 1994
PA 92, MCL 3.981 to 3.984, under article III of section 3 of the
interstate corrections compact, 1994 PA 92, MCL 3.983. The
contracts may authorize confinement of prisoners in, or transfer of
prisoners from, correctional facilities under the jurisdiction of
the department of corrections. A contract shall not authorize the
confinement of a prisoner who is in the custody of the department
in an institution of a state other than a state that is a party to
the interstate corrections compact. When transferring prisoners to
institutions of other states under this section, the director shall
endeavor to ensure that the transfers do not disproportionately
affect groups of prisoners according to race, religion, color,
creed, or national origin.
(2) The director of corrections shall first determine, on the
basis of an inspection made by his or her direction, that an
institution of another state is a suitable place for confinement of
prisoners committed to his or her custody before entering into a
contract permitting that confinement, and shall, at least annually,
redetermine the suitability of that confinement. In determining the
suitability of an institution of another state, the director shall
determine that the institution maintains standards of care and
discipline not incompatible with those of this state and that all
inmates confined in that institution are treated equitably,
regardless of race, religion, color, creed, or national origin.
(3) In considering transfers of prisoners out-of-state
to under the interstate corrections compact due to entered
into under 1994 PA 92, MCL 3.981 to 3.984, because of bed space
needs, the department shall do all of the following:
Consider first prisoners who volunteer to transfer
as long as
if they meet the eligibility criteria for such the transfer.
(b) Provide law library materials including Michigan Compiled
Laws, Michigan state and federal cases, and U.S. sixth circuit
court of appeals cases.
(c) Not transfer a prisoner who has a significant medical or
mental health need.
(d) Use objective criteria in determining which prisoners to
(4) Unless a prisoner consents in writing, a prisoner
under the interstate corrections compact
due to because
of bed space needs shall not be confined in another state for more
than 1 year.
(5) A prisoner who is transferred to an institution of another
state under this section shall receive all of the following while
in the receiving state:
(a) Mail services and access to the court.
(b) Visiting and telephone privileges.
(c) Occupational and vocational programs such as GED-ABE and
appropriate vocational programs for his or her level of custody.
Programs such as substance
abuse use programs, sex
offender programs, and life skills development.
(e) High school equivalency training and certification.
Routine and emergency health care,
dental care, and
mental health services.
One year after April 13, 1994 and annually after that date,
By April 13 of each year, the department shall report all of
the following to the senate and house committees responsible for
legislation concerning corrections and to the appropriations
subcommittees on corrections:
(a) The number of prisoners transferred to or from
facilities in this state
pursuant to under the
interstate corrections compact entered into under 1994 PA 92, MCL
3.981 to 3.984.
(b) The cost to the state of the transfers described in
(c) The reasons for the transfers described in subdivision
Sec. 20g. (1) The department may establish a youth
which that shall house only prisoners
committed to the jurisdiction of the department who are 19 years of
age or less. If the department establishes or contracts with a
private vendor for the operation of a youth correctional facility,
following intake processing in a department operated facility, the
department shall house all male prisoners who are 16 years of age
or less at the youth correctional facility unless the department
determines that the prisoner should be housed at a different
facility for reasons of security, safety, or because of the
prisoner's specialized physical or mental health care needs.
(2) Except as provided in subsection (3), a prisoner who is 16
years of age or less and housed at a youth correctional facility
shall only be placed in a general population housing unit with
prisoners who are 16 years of age or less.
(3) A prisoner who becomes 17 years of age while being housed
at a youth correctional facility and who has a satisfactory prison
record may remain in a general population housing unit for no more
than 1 year with prisoners who are 16 years of age or less.
(4) Except as provided in subsection (3), a prisoner who is 16
years of age or less and housed at a youth correctional facility
be allowed to be in the proximity of a prisoner who is 17
years of age or more without the presence and direct supervision of
custody personnel in the immediate vicinity.
(5) The department may establish and operate the youth
correctional facility or may contract on behalf of the state with a
private vendor for the construction or operation, or both, of the
youth correctional facility. If the department contracts with a
private vendor to construct, rehabilitate, develop, renovate, or
any existing or anticipated facility
pursuant to under this
section, the department shall require a written certification from
the private vendor regarding all of the following:
(a) If practicable to efficiently and effectively complete the
project, the private vendor shall follow a competitive bid process
for the construction, rehabilitation, development, or renovation of
the facility, and this process shall be open to all Michigan
residents and firms. The private vendor shall not discriminate
against any contractor on the basis of its affiliation or
nonaffiliation with any collective bargaining organization.
(b) The private vendor shall make a good faith effort to
employ, if qualified, Michigan residents at the facility.
(c) The private vendor shall make a good faith effort to
employ or contract with Michigan residents and firms to construct,
rehabilitate, develop, or renovate the facility.
(6) If the department contracts with a private vendor for the
operation of the youth correctional facility, the department shall
require by contract that the personnel employed by the private
vendor in the operation of the facility be certified as
correctional officers to the same extent as would be required if
those personnel were employed in a correctional facility operated
by the department. The department also shall require by contract
that the private vendor meet requirements specified by the
department regarding security, protection of the public,
inspections by the department, programming, liability and
insurance, conditions of confinement, educational services required
under subsection (11), and any other issues the department
considers necessary for the operation of the youth correctional
facility. The department shall also require that the contract
include provisions to protect the public's interest if the private
vendor defaults on the contract. Before finalizing a contract with
a private vendor for the construction or operation of the youth
correctional facility, the department shall submit the proposed
contract to the standing committees of the senate and the house of
representatives having jurisdiction of corrections issues, the
corrections subcommittees of the standing committees on
appropriations of the senate and the house of representatives, and,
with regard to proposed construction contracts, the joint committee
on capital outlay. A contract between the department and a private
vendor for the construction or operation of the youth correctional
shall be is contingent upon appropriation of the required
funding. If the department contracts with a private vendor under
this section, the selection of that private vendor shall be by
open, competitive bid.
(7) The department shall not site a youth correctional
facility under this section in a city, village, or township unless
the local legislative body of that city, village, or township
adopts a resolution approving the location.
(8) A private vendor operating a youth correctional facility
under a contract under this section shall not do any of the
following, unless directed to do so by the department policy:
(a) Calculate inmate release and parole eligibility dates.
(b) Award good time or disciplinary credits, or impose
(c) Approve inmates for extensions of limits of confinement.
(9) The youth correctional facility shall be open to visits
during all business hours, and during nonbusiness hours unless an
emergency prevents it, by any elected state senator or state
(10) Once each year, the department shall report on the
of the facility.
Copies of The
department shall submit
shall be submitted to the chairpersons of the house and
senate committees responsible for legislation on corrections or
judicial issues, and to the clerk of the house of representatives
and the secretary of the senate.
(11) Regardless of whether the department itself operates the
youth correctional facility or contracts with a private vendor to
operate the youth correctional facility, all of the following
educational services shall be provided for juvenile prisoners
housed at the facility who have not earned a high school diploma or
received a general education certificate (GED):
(a) The department or private vendor shall require that a
prisoner whose academic achievement level is not sufficient to
allow the prisoner to participate effectively in a program leading
the attainment of
a GED certificate participate in classes that will
prepare him or her to participate effectively in the GED program,
high school equivalency
certification, and shall provide
those classes in the facility.
(b) The department or private vendor shall require that a
prisoner who successfully completes classes described in
subdivision (a), or whose academic achievement level is otherwise
participate in classes leading to the attainment of
certificate, high school
equivalency certification, and shall
provide those classes.
(12) Neither the department nor the private vendor shall seek
to have the youth correctional facility authorized as a public
school academy under the revised school code, 1976 PA 451, MCL
380.1 to 380.1852.
(13) A private vendor that operates the youth correctional
facility under a contract with the department shall provide written
notice of its intention to discontinue its operation of the
facility. This subsection does not authorize or limit liability for
a breach or default of contract. If the reason for the
discontinuance is that the private vendor intends not to renew the
contract, the notice shall be delivered to the director of the
department at least 1 year before the contract expiration date. If
the discontinuance is for any other reason, the notice shall be
delivered to the director of the department at least 6 months
on which that the private vendor will discontinue
its operation of the facility. This subsection does not authorize
or limit liability for a breach or default of contract.
Sec. 33. (1) The grant of a parole is subject to all of the
A Except as otherwise
provided in section 33e, a prisoner
not be given liberty on parole until when the prisoner has
served the minimum sentence imposed by the court. A prisoner shall
be given liberty on parole if the board
after consideration of all of the facts and circumstances,
including the prisoner's mental and social attitude,
a substantial and compelling reason to conclude that the prisoner
not become a
menace to society or to the public
safety. This subdivision does not apply to any of the following
(i) A prisoner sentenced for a felony for which the maximum
penalty is imprisonment for life.
(ii) A prisoner who has pending felony charges or detainers.
(iii) A prisoner who was interviewed by the parole board and
denied parole under section 33e.
(b) Except as provided in section 34a, a parole shall not be
granted to a prisoner other than a prisoner subject to disciplinary
time until the prisoner has served the minimum term imposed by the
court less allowances for good time or special good time to which
the prisoner may be entitled by statute, except that a prisoner
other than a prisoner subject to disciplinary time is eligible for
parole before the expiration of his or her minimum term of
whenever if the sentencing judge, or the judge's
successor in office, gives written approval of the parole of the
prisoner before the expiration of the minimum term of imprisonment.
Except as provided in section 34a, and notwithstanding
of subdivision (b), a parole shall
not be granted to a
prisoner other than a prisoner subject to disciplinary time
sentenced for the commission of a crime described in section 33b(a)
to (cc) until the prisoner has served the minimum term imposed by
the court less an allowance for disciplinary credits as provided in
section 33(5) of 1893 PA 118, MCL 800.33. A prisoner described in
this subdivision is not eligible for special parole.
(d) Except as provided in section 34a, a parole shall not be
granted to a prisoner subject to disciplinary time until the
prisoner has served the minimum term imposed by the court.
(e) A prisoner shall not be released on parole until the
parole board has satisfactory evidence that arrangements have been
made for such honorable and useful employment as the prisoner is
capable of performing, for the prisoner's education, or for the
prisoner's care if the prisoner is mentally or physically ill or
incapacitated. The parole board shall impose conditions of parole
requiring each prisoner to participate in programming identified by
the department and designed to address the prisoner's behavioral,
educational, and social needs.
(f) A prisoner whose minimum term of imprisonment is 2 years
or more shall not be released on parole unless he or she has either
a high school diploma or
earned its equivalent in the form of
a general education development (GED) a high school equivalency
certificate. The director of the department may waive the
imposed by this subdivision
as to any for a prisoner
who is over the age of 65 or who was gainfully employed immediately
before committing the crime for which he or she was incarcerated.
The department of corrections may also waive the restriction
by this subdivision
as to any for
a prisoner who has a
learning disability, who does not have the necessary proficiency in
English, or who for some other reason that is not the fault of the
prisoner is unable to successfully complete the requirements for a
school diploma or a
general education development high school
equivalency certificate. If the prisoner does not have the
necessary proficiency in English, the department of corrections
shall provide English language training for that prisoner necessary
for the prisoner to begin working toward the completion of the
general education development high school
equivalency certificate. This subdivision applies to prisoners
sentenced for crimes committed after December 15, 1998. In
providing an educational program leading to a high school degree or
education development high
school equivalency certificate,
the department shall give priority to prisoners sentenced for
crimes committed on or before December 15, 1998.
(g) A prisoner who is sentenced on or after the effective date
of the amendatory act that added this subdivision who is not placed
on parole upon service of his or her minimum sentence under section
33e shall be placed on parole not later than 9 months before the
expiration of the prisoner's maximum sentence to ensure a period of
intensive supervision in the community.
(2) Paroles-in-custody to answer warrants filed by local or
out-of-state agencies, or immigration officials, are permissible if
an accredited agent of the agency filing the warrant calls for the
prisoner to be paroled in custody.
Pursuant to Under the administrative procedures act of
1969, 1969 PA 306, MCL 24.201 to 24.328, the parole board may
promulgate rules not inconsistent with this act with respect to
conditions to be imposed upon prisoners paroled under this act.
Sec. 33e. (1) The department shall develop parole guidelines
are consistent with section 33(1)(a)
and that shall to govern
exercise of the parole board's discretion
pursuant to under
sections 34 and 35 as to the release of prisoners on parole under
act. The purpose of the parole guidelines
shall be is to
assist the parole board in making release decisions that enhance
the public safety.
(2) In developing the parole guidelines, the department shall
consider factors including, but not limited to, the following:
(a) The offense for which the prisoner is incarcerated at the
time of parole consideration.
(b) The prisoner's institutional program performance.
(c) The prisoner's institutional conduct.
(d) The prisoner's prior criminal record. As used in this
subdivision, "prior criminal record" means the recorded criminal
history of a prisoner, including all misdemeanor and felony
convictions, probation violations, juvenile adjudications for acts
that would have been crimes if committed by an adult, parole
failures, and delayed sentences.
(e) Other relevant factors as determined by the department, if
not otherwise prohibited by law.
(3) In developing the parole guidelines, the department may
consider both of the following factors:
(a) The prisoner's statistical risk screening.
(b) The prisoner's age.
(4) The department shall ensure that the parole guidelines do
not create disparities in release decisions based on race, color,
national origin, gender, religion, or disability.
The department shall promulgate rules
pursuant to under
administrative procedures act of 1969,
Act No. 306 of the Public
Acts of 1969, being sections 24.201 to 24.328 of the Michigan
Compiled Laws, which shall 1969
PA 306, MCL 24.201 to
that prescribe the parole guidelines.
department shall submit
the proposed rules to the joint committee on administrative rules
not later than April 1, 1994. Until the rules take effect, the
director shall require that the parole guidelines be considered by
the parole board in making release decisions. After the rules take
effect, the director shall require that the parole board follow
the parole guidelines.
The parole board
may depart from the parole guidelines by denying
parole to a prisoner who has a high probability of parole as
determined under the parole guidelines or by granting parole to a
prisoner who has a low probability of parole as determined under the
parole guidelines. A departure under this subsection shall be for
substantial and compelling reasons stated in writing. The parole
board shall not use a prisoner's gender, race, ethnicity, alienage,
national origin, or religion to depart from the recommended
release a prisoner who scores
high or average probability of release upon service of the
prisoner's minimum sentence, unless 1 of the following
circumstances is present:
(a) The prisoner has an institutional misconduct score lower
(b) There is objective and verifiable evidence of
postsentencing conduct not already scored in the parole guidelines
that demonstrates that the prisoner would present a high risk to
public safety if released.
(c) The prisoner has a pending felony charge or detainer.
(d) The release of the prisoner is otherwise barred by law.
(7) The parole board shall conduct a review of a prisoner who
has been denied release under subsection (6) as follows:
(a) If the prisoner scored high or average probability of
release, conduct a review not less than annually.
(b) If the prisoner scored low probability of release, conduct
a review not less than every 2 years until a score of high or
average probability is attained.
(8) The parole board may defer a release upon the service of
the prisoner's minimum sentence under subsection (6) for up to 4
months to allow the prisoner to complete a treatment program that
is reasonably necessary to reduce the risk to public safety from
the prisoner's release.
Not less than once every 2 years,
the department shall
review the correlation between the implementation of the parole
guidelines and the recidivism rate of paroled prisoners, and shall
submit to the joint committee on administrative rules and the
criminal justice policy commission any proposed revisions to the
administrative rules that the department considers appropriate
after conducting the review.
Sec. 35. (1) The release of a prisoner on parole shall be
granted solely upon the initiative of the parole board. The parole
may grant a parole without interviewing the prisoner
beginning January 26, 1996, the parole board may grant a parole
without interviewing the prisoner only if, after evaluating
the prisoner according to the parole guidelines, the parole board
determines that the prisoner has a high probability of being
paroled and the parole board therefore intends to parole the
prisoner. Except as provided in subsection (2), a prisoner shall
not be denied parole without an interview before 1 member of the
parole board. The interview shall be conducted at least 1 month
before the expiration of the prisoner's minimum sentence less
applicable good time and disciplinary credits for a prisoner
eligible for good time and disciplinary credits, or at least 1
month before the expiration of the prisoner's minimum sentence for
a prisoner subject to disciplinary time. The parole board shall
consider any statement made to the parole board by a crime victim
under the William Van Regenmorter crime victim's rights act, 1985
PA 87, MCL 780.751 to 780.834, or under any other provision of law.
The parole board shall not consider any of the following factors in
making a parole determination:
(a) A juvenile record that a court has ordered the department
(b) Information that is determined by the parole board to be
inaccurate or irrelevant after a challenge and presentation of
relevant evidence by a prisoner who has received a notice of intent
to conduct an interview as provided in subsection (4). This
subdivision applies only to presentence investigation reports
prepared before April 1, 1983.
Beginning January 26, 1996, if, If,
after evaluating a
prisoner according to the parole guidelines, the parole board
determines that the prisoner has a low probability of being paroled
and the parole board therefore does not intend to parole the
prisoner, the parole board is not required to interview the
prisoner before denying parole to the prisoner.
(3) The parole board may consider but shall not base a
determination to deny parole solely on either of the following:
(a) A prisoner's marital history.
(b) Prior arrests not resulting in conviction or adjudication
(4) If an interview is to be conducted, the prisoner shall be
sent a notice of intent to conduct an interview at least 1 month
before the date of the interview. The notice shall state the
specific issues and concerns that shall be discussed at the
and that may be a basis for a denial of parole.
A denial of
The parole board shall not
deny parole shall not be based
reasons other than those stated in the notice of intent to conduct
an interview except for good cause stated to the prisoner at or
before the interview and in the written explanation required by
This subsection does not apply until April 1, 1983.
(5) Except for good cause, the parole board member conducting
the interview shall not have cast a vote for or against the
prisoner's release before conducting the current interview. Before
the interview, the parole board member who is to conduct the
interview shall review pertinent information relative to the notice
of intent to conduct an interview.
(6) A prisoner may waive the right to an interview by 1 member
of the parole board. The waiver of the right to be interviewed
shall be in writing and given not more than 30 days after the
of intent to conduct an interview is issued.
and shall be made
in writing. During the interview
held pursuant to under a
notice of intent to conduct an interview, the prisoner may be
represented by an individual of his or her choice. The
representative shall not be another prisoner or an attorney. A
prisoner is not entitled to appointed counsel at public expense.
The prisoner or representative may present relevant evidence in
support of release.
(7) At least 90 days before the expiration of the prisoner's
minimum sentence less applicable good time and disciplinary credits
for a prisoner eligible for good time or disciplinary credits, or
at least 90 days before the expiration of the prisoner's minimum
sentence for a prisoner subject to disciplinary time, or the
expiration of a 12-month continuance for any prisoner, the
appropriate institutional staff shall prepare a parole eligibility
be prepared by appropriate institutional staff. The
shall be is
for purposes of subsection (5). The report
include all of the following:
(a) A statement of all major misconduct charges of which the
prisoner was found guilty and the punishment served for the
(b) The prisoner's work and educational record while confined.
(c) The results of any physical, mental, or psychiatric
examinations of the prisoner that may have been performed.
Whether the prisoner fully cooperated with
the this state
by providing complete financial information as required under
section 3a of the state correctional facility reimbursement act,
1935 PA 253, MCL 800.403a.
(e) Whether the prisoner refused to attempt to obtain
identification documents under section 34c, if applicable.
(f) For a prisoner subject to disciplinary time, a statement
of all disciplinary time submitted for the parole board's
consideration under section 34 of 1893 PA 118, MCL 800.34.
(8) The preparer of the report shall not include a
recommendation as to release on parole.
(9) Psychological evaluations performed at the request of the
parole board to assist it in reaching a decision on the release of
a prisoner may be performed by the same person who provided the
prisoner with therapeutic treatment, unless a different person is
requested by the prisoner or parole board.
(10) The parole board may grant a medical parole for a
prisoner determined to be physically or mentally incapacitated. A
to grant a medical parole shall be initiated
upon on the
recommendation of the bureau of health care services and shall be
reached only after a review of the medical, institutional, and
criminal records of the prisoner.
The department shall
a petition to the
appropriate court under section 434 of the mental health code, 1974
PA 258, MCL 330.1434, for any prisoner being paroled or being
released after serving his or her maximum sentence whom the
department considers to be a person requiring treatment. The parole
board shall require mental health treatment as a special condition
of parole for any parolee whom the department has determined to be
a person requiring treatment whether or not the petition filed for
that prisoner is granted by the court. As used in this subsection,
"person requiring treatment" means that term as defined in section
401 of the mental health code, 1974 PA 258, MCL 330.1401.
(12) When the parole board makes a final determination not to
release a prisoner, the parole board shall provide the prisoner
be provided with a written
explanation of the reason for
denial and, if appropriate, specific recommendations for corrective
action the prisoner may take to facilitate release.
(13) This section does not apply to the placement on parole of
a person in conjunction with special alternative incarceration
under section 34a(7).
Sec. 39a. (1) Within 10 days after an arrest for an alleged
of parole, the parolee
shall be is
entitled to a
hearing to determine
there is probable cause
to believe that the conditions of parole have been violated or a
pursuant to under
(2) Within 3 days after an arrest for an alleged violation of
parole, the parole officer may withdraw the warrant and release the
prisoner to parole supervision if the officer determines, and a
supervisor confirms, that the paroled prisoner committed only a
noncompliance violation. Time served under this subsection shall
not be credited unless cumulative confinement under this subsection
equals 30 days, at which point the 30 days and any future
confinement under this subsection shall be credited.
Prior to Before the preliminary hearing, the accused
parolee shall be given written notice of the charges, time, place,
and purpose of the preliminary hearing.
At the preliminary hearing, the
accused parolee is
entitled to the following rights:
(a) Disclosure of the evidence against him or her.
(b) The right to testify and present relevant witnesses and
(c) The right to confront and cross-examine adverse witnesses
unless the person conducting the preliminary hearing finds on the
record that a witness may be subjected to risk of harm if his or
her identity is revealed.
A preliminary hearing may be
postponed beyond the 10-
day time limit on the written request of the parolee, but shall not
be postponed by the department.
If a preliminary hearing is not
held pursuant to under
subsection (1), an accused parolee shall be given written notice of
the charges against him or her, the time, place, and purpose of the
fact-finding hearing and a written summary of the evidence to be
presented against him or her.
If a preliminary hearing is not
held pursuant to under
(1), an accused parolee
not be found guilty of
a violation based on evidence that was not summarized in the notice
pursuant to under subsection (5) (6) except for good cause
stated on the record and included in the written findings of fact
provided to the parolee.
(8) As used in this section, "noncompliance violation" means
that term as defined in section 40a.
Sec. 40a. (1) After a prisoner is released on parole, the
prisoner's parole order is subject to sanctions or revocation at
the discretion of the department and parole board for cause as
provided in this section and section 39a.
If a paroled prisoner who is required to register
under the sex offenders registration act, 1994 PA 295, MCL
28.721 to 28.736, willfully violates that act, the parole board
shall revoke the parole. If a prisoner convicted of violating or
conspiring to violate section 7401(2)(a)(i) or (ii) or 7403(2)(a)(i)
or (ii) of the public health code, 1978 PA 368, MCL 333.7401 and
333.7403, is released on parole and violates or conspires to
violate article 7 of the public health code, 1978 PA 368, MCL
333.7101 to 333.7545, and that violation or conspiracy to violate
is punishable by imprisonment for 4 or more years, or commits a
violent felony during his or her release on parole, parole shall be
(3) Within 45 days after a paroled prisoner has been returned
or is available for return to a state correctional facility under
accusation of a parole violation other than conviction for a felony
or misdemeanor punishable by imprisonment under the laws of this
state, the United States, or any other state or territory of the
United States, the prisoner is entitled to a fact-finding hearing
on the charges before 1 member of the parole board or an attorney
hearings officer designated by the chairperson of the parole board.
The fact-finding hearing shall be conducted only after the accused
parolee has had a reasonable amount of time to prepare a defense.
The fact-finding hearing may be held at a state correctional
facility or at or near the location of the alleged violation.
(4) If, before a fact-finding hearing begins, the accused
parolee alleges that he or she is indigent and requests that an
attorney be appointed to represent him or her, the parole board
member or attorney hearings officer who will conduct the hearing
whether if the accused parolee is indigent. If the
accused parolee is determined to be indigent, the parole board
or hearings officer shall
cause the appointment of appoint
an attorney to represent the accused parolee at the fact-finding
hearing. The department shall pay the cost of the appointed
shall be paid from the department's general operating
(5) An accused parolee shall be given written notice of the
charges against him or her and the time, place, and purpose of the
fact-finding hearing. At the fact-finding hearing, the accused
parolee may be represented by a retained attorney or an attorney
appointed under subsection (4) and is entitled to the following
(a) Full disclosure of the evidence against him or her.
(b) To testify and present relevant witnesses and documentary
(c) To confront and cross-examine adverse witnesses unless the
person conducting the fact-finding hearing finds on the record that
a witness is subject to risk of harm if his or her identity is
(d) To present other relevant evidence in mitigation of the
(6) A fact-finding hearing may be postponed for cause beyond
the 45-day time limit on the written request of the parolee, the
parolee's attorney, or, if a postponement of the preliminary parole
violation hearing required under section 39a has been granted
beyond the 10-day time limit, by the parole board.
(7) The director or a deputy director designated by the
director shall be notified in writing if the preliminary parole
violation hearing is not conducted within the 10-day time limit,
and the hearing shall be conducted as soon as possible. The
director or a deputy director designated by the director shall be
notified in writing if the fact-finding hearing is not conducted
within the 45-day time limit, and the hearing shall be conducted as
soon as possible. A parolee held in custody shall not be released
pending disposition of either hearing.
(8) If the evidence presented is insufficient to support the
allegation that a parole violation occurred, the parolee shall be
reinstated to parole status.
(9) If the parole board member or hearings officer conducting
the fact-finding hearing determines from a preponderance of the
evidence that a parole violation has occurred, the parole board
member or hearings officer shall present the relevant facts to the
parole board and make a recommendation as to the disposition of the
(10) If a preponderance of the evidence supports the
allegation that a parole violation occurred, the parole board may
a sanction or revoke parole.
and The parole board shall
shall be provided with
a written statement of
the findings of fact and the reasons for the determination within
the sanction period or within 60 days after the paroled prisoner
has been returned or is available for return to a state
correctional facility, as applicable. The prisoner shall be
sanctioned with confinement in the county jail, and then placed on
parole again not more than 30 days following the date on which the
determination of a first or second risk violation occurs. The
parole board may revoke parole to the custody of the department for
the third determination of a risk violation or for a first
determination of a major risk violation, and place the prisoner on
A The parole board may
revoke the parole of a parolee who
is ordered to make restitution under the William Van Regenmorter
crime victim's rights act, 1985 PA 87, MCL 780.751 to 780.834, or
the code of criminal procedure, 1927 PA 175, MCL 760.1 to 777.69,
or to pay an assessment ordered under section 5 of 1989 PA 196, MCL
as a condition of parole
may have his or her parole revoked
by the parole board if the parolee fails
to does not comply
with the order and if the parolee has not made a good faith effort
to comply with the order. In determining whether to revoke parole,
the parole board shall consider the parolee's employment status,
earning ability, and financial resources, the willfulness of the
parolee's failure to comply with the order, and any other special
circumstances that may have a bearing on the parolee's ability to
comply with the order.
(12) If a prisoner has turned himself or herself in within 7
days after a warrant has been issued, the parole board shall not
sanction or revoke parole for absconding supervision.
As used in this section: ,
(a) "Absconding supervision" means being apprehended by a law
enforcement or parole officer, or being arrested for a new crime
outside of this state. If the prisoner has turned himself or
herself in within 7 days after a warrant has been issued, he or she
shall not be sanctioned or revoked for absconding supervision.
(b) "Major risk violation" means either of the following:
(i) The violation of a protective order.
(ii) An alleged violation of section 83, 84, 86, 88, 89, 317,
321, 349, 349a, 350, 397, 520b, 520c, 520d, 520g(1), 529, or 529a
of the Michigan penal code, 1931 PA 328, MCL 750.83, 750.84,
750.86, 750.88, 750.89, 750.317, 750.321, 750.349, 750.349a,
750.350, 750.397, 750.520b, 750.520c, 750.520d, 750.520g, 750.529,
(c) "Noncompliance violation" means a violation that is not a
risk violation or a major risk violation.
(d) "Risk violation" means 1 or more of the following:
(i) Contact with a specifically prohibited person, or proximity
to a specifically prohibited location.
(ii) An arrest for domestic violence or other threatening or
(iii) An arrest for a new felony.
(iv) Absconding supervision.
(v) The prisoner's sixth or subsequent noncompliance
(e) "Violent felony" means that term as defined in section 36.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.