HOUSE BILL No. 4138

 

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

 

interstate corrections compact 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

 

pursuant 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:

 

     (a) 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

 

transfer.

 

     (4) Unless a prisoner consents in writing, a prisoner

 

transferred 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.

 

     (d) Programs such as substance abuse use programs, sex

 

offender programs, and life skills development.

 

     (e) High school equivalency training and certification.

 

     (f) (e) Routine and emergency health care, dental care, and

 

mental health services.

 

     (6) 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

 

correctional 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

 

subdivision (a).

 

     (c) The reasons for the transfers described in subdivision

 

(a).

 

     Sec. 20g. (1) The department may establish a youth

 

correctional facility 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

 

shall not 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

 

operate 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

 

facility 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

 

disciplinary time.

 

     (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

 

representative.

 

     (10) Once each year, the department shall report on the

 

operation of the facility. Copies of The department shall submit

 

the report 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

 

to 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

 

sufficient, participate in classes leading to the attainment of a

 

GED 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

 

before the date 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

 

following:

 

     (a) A Except as otherwise provided in section 33e, a prisoner

 

shall not be given liberty on parole until when the prisoner has

 

served the minimum sentence imposed by the court. A prisoner shall

 

not be given liberty on parole if the board has reasonable

 

assurance, 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

 

if released will not become a menace to society or to the public

 

safety. This subdivision does not apply to any of the following

 

prisoners:

 

     (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

 

imprisonment 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.

 

     (c) Except as provided in section 34a, and notwithstanding the

 

provisions 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


 

earned 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

 

restriction 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

 

imposed 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

 

high 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

 

requirements for a 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

 

general 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.

 

     (3) 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

 

that are consistent with section 33(1)(a) and that shall to govern

 

the exercise of the parole board's discretion pursuant to under

 

sections 34 and 35 as to the release of prisoners on parole under

 

this 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.

 

     (5) The department shall promulgate rules pursuant to under

 

the 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

 

24.328, that prescribe the parole guidelines. The 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.

 

     (6) 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 parole guidelines.shall 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

 

than -1.

 

     (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.


 

     (9) (7) 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

 

board may grant a parole without interviewing the prisoner .

 

However, 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

 

to expunge.

 

     (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.

 

     (2) 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

 

of delinquency.

 

     (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

 

interview 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 on

 

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

 

subsection (12). 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

 

notice 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

 

report. shall be prepared by appropriate institutional staff. The

 

parole eligibility report shall be is considered pertinent

 

information for purposes of subsection (5). The report shall must

 

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

 

misconduct.

 

     (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.

 

     (d) 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

 

decision 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.

 

     (11) The department shall submit file 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

 

shall 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

 

violation of parole, the parolee shall be is entitled to a


 

preliminary hearing to determine whether if there is probable cause

 

to believe that the conditions of parole have been violated or a

 

fact-finding hearing held pursuant to under section 40a.

 

     (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.

 

     (3) (2) 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.

 

     (4) (3) 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

 

documentary evidence.

 

     (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.

 

     (5) (4) 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.

 

     (6) (5) 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.

 

     (7) (6) If a preliminary hearing is not held pursuant to under

 

subsection (1), an accused parolee may shall not be found guilty of

 

a violation based on evidence that was not summarized in the notice

 

provided 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.

 

     (2) If a paroled prisoner who is required to register pursuant

 

to 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


 

revoked.

 

     (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

 

shall determine whether if the accused parolee is indigent. If the

 

accused parolee is determined to be indigent, the parole board

 

member 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

 

attorney shall be paid from the department's general operating

 

budget.

 

     (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

 

rights:

 

     (a) Full disclosure of the evidence against him or her.

 

     (b) To testify and present relevant witnesses and documentary

 

evidence.

 

     (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

 

revealed.

 

     (d) To present other relevant evidence in mitigation of the

 

charges.

 

     (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

 

charges.

 

     (10) If a preponderance of the evidence supports the

 

allegation that a parole violation occurred, the parole board may

 

impose a sanction or revoke parole. , and The parole board shall

 

provide the parolee 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

 

parole again.

 

     (11) 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

 

780.905, 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.

 

     (13) (12) As used in this section: , "violent

 

     (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,

 

and 750.529a.


 

     (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

 

assaultive behavior.

 

     (iii) An arrest for a new felony.

 

     (iv) Absconding supervision.

 

     (v) The prisoner's sixth or subsequent noncompliance

 

violation.

 

     (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.