January 26, 2017, Introduced by Reps. Pagel, VerHeulen, Garcia, Victory, Lucido, LaGrand, Howrylak, Chang, Schor, Robinson, Ellison, Love, Whiteford, Wittenberg, Calley, Rabhi and Lilly and referred to the Committee on Appropriations.
A bill to amend 1953 PA 232, entitled
"Corrections code of 1953,"
by amending section 35 (MCL 791.235), as amended by 2012 PA 24.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
35. (1) The release of a prisoner on parole
shall must be
granted solely upon the initiative of the parole board. The parole
board 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
Except as provided in subsection (2), a prisoner
must not be denied parole without an interview before 1 member of
parole board. The interview
shall must 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
If an interview is to be conducted, the prisoner
must be sent a notice of intent to conduct an interview at least 1
before the date of the interview. The notice
shall must state
specific issues and concerns that
shall will be discussed at
the interview and that may be a basis for a denial of parole. A
shall must 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
in the written explanation required by subsection
does not apply until April 1, 1983.(18).
(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
must be given not more than 30 days after the notice of
to conduct an interview is issued and
shall be made must be
in writing. During the interview held pursuant to a notice of
intent to conduct an interview, the prisoner may be represented by
individual of his or her choice. The representative
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, or at the
request of the parole board for a prisoner being considered for
under subsection (10), a parole
must be prepared by appropriate institutional staff. The parole
shall must be considered pertinent information
purposes of subsection (5). The report
shall must include
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.
(d) Whether the prisoner fully cooperated with the 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
determined to be
physically or mentally incapacitated.
frail. A decision to grant a medical
shall must be
initiated upon the recommendation of the bureau of health care
shall be reached only after a review of the medical,
and criminal records of the prisoner.If the bureau
of health care services determines that the prisoner is physically
or mentally incapacitated, the bureau shall appoint a specialist in
the appropriate field of medicine, who is not employed by the
department, to evaluate the condition of the prisoner and to report
on that condition to the bureau. The parole board, in consultation
with the bureau of health care services, shall determine whether
the prisoner is medically frail. The requirements of sections
33(1)(b), (c), (d), and (f), 33b, and 34(1), (2), (3), (4), (7),
(13), (14), (15), and (16) do not apply to a parole granted under
(11) The following conditions apply to a parole granted under
(a) A prisoner must only be released on parole under
subsection (10) if he or she agrees to all of the following:
(i) His or her placement, or, if the prisoner is
incapacitated, an individual legally entitled to agree to the
prisoner's placement agrees that the prisoner be placed in a
medical facility where medical care and treatment are determined to
be appropriate for the parolee by the parole board.
(ii) To the release of his or her medical records that are
directly relevant to the condition or conditions rendering the
prisoner medically frail to the prosecutor of the county from which
the prisoner was committed before the parole board determines
whether or not to grant the prisoner parole under subsection (10).
(iii) If the prisoner is granted parole under subsection (10),
to the quarterly release of his or her medical records that are
directly relevant to the condition or conditions rendering the
prisoner medically frail at the request of the prosecutor of the
county from which the prisoner was committed. A prisoner's medical
records otherwise remain protected under section 2157 of the
revised judicature act of 1961, 1961 PA 236, MCL 600.2157, are not
public records, and do not become part of a parolee's public file.
(b) The parolee shall adhere to the terms of his or her parole
for the length of his or her parole term.
(c) The parole must be for a term not less than the time
necessary to reach the prisoner's earliest release date.
(d) A parolee who violates the terms of his or her parole or
is determined not to be eligible for parole under subsection (10)
may be transferred to a setting more appropriate for the medical
needs of the parolee or be subject to the parole violation process
under sections 38, 39, 39a, and 40a as determined by the parole
board and the department.
(e) The parolee shall only be placed in a medical facility
that agrees to accept the parolee and that is agreed upon by the
parolee, as described in subdivision (a)(i), and the parole board.
(12) The parole board shall monitor the medical condition of a
prisoner granted parole under subsection (10).
(13) The department may enter into contracts to facilitate
parole under subsection (10).
(14) The department shall not retain authority over the
medical treatment plan for a prisoner granted parole under
(15) The department and the parole board shall ensure that the
placement and terms and conditions of a parole granted under
subsection (10) do not violate any other state or federal
(16) A medical facility utilized by the department to
facilitate parole under subsection (10) must be operated in a
manner that ensures the safety of the residents of the medical
facility and shall, when feasible, house prisoners granted parole
under subsection (10) and placed in the medical facility in close
proximity to one another, preferably in a single hallway or wing of
the medical facility.
The department shall submit 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.
When the parole board makes a final
to release a prisoner, the prisoner
shall must 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.
This section does not apply to the
parole of a person in conjunction with special alternative
incarceration under section 34a(7).
(20) As used in this section:
(a) "Activities of daily living" means basic personal care and
everyday activities as described in 42 CFR 441.505, including, but
not limited to, tasks such as eating, toileting, grooming,
dressing, bathing, and transferring from 1 physical position to
another, including, but not limited to, moving from a reclining
position to a sitting or standing position.
(b) "Medical facility" means a hospital, hospice, nursing
home, or other housing accommodation providing medical treatment
suitable to the condition or conditions rendering the prisoner
(c) "Medically frail" describes an individual who is a minimal
threat to society as a result of his or her medical condition, who
has received a risk score of low on a validated risk assessment,
whose ability to perform 2 or more activities of daily living is
significantly impaired, and who may have limited mobility and
ability to transfer from 1 physical position to another as the
result of 1 or more of the following conditions from which the
individual is not expected to recover:
(i) A disabling mental disorder, including dementia,
Alzheimer's, or a similar degenerative brain disorder.
(ii) A serious and complex medical condition.
(iii) A physical disability.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No. ____ or House Bill No. 4102 (request no.
01426'17) of the 99th Legislature is enacted into law.