HOUSE BILL No. 4265 February 11, 1997, Introduced by Reps. Gire, Hale, DeHart, McBryde, Schauer, Callahan, Martinez, LaForge, Goschka and Perricone and referred to the Committee on Corrections. A bill to amend 1953 PA 232, entitled "An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, com- mutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the super- vision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to prescribe pen- alties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts incon- sistent with the provisions of this act," by amending section 36 (MCL 791.236), as amended by 1994 PA 287. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 36. (1) All paroles shall be ordered by the parole 2 board and shall be signed by the chairperson. Written notice of 00810'97 DRM 2 1 the order shall be given to the sheriff or other police officer 2 of the municipality or county in which the prisoner was con- 3 victed, and to the sheriff or other local police officer of the 4 municipality or county to which the paroled prisoner is sent. 5 (2) An order of parole may be amended or rescinded at the 6 discretion of the parole board for cause. If a paroled prisoner 7 who is required to register pursuant to the sex offenders regis- 8 tration act, 1994 PA 295, MCL 28.721 TO 28.732, willfully vio- 9 lates that act, the parole board shall rescind the parole. A 10 parole shall not be rescinded unless an interview is conducted by 11 1 member of the parole board. The purpose of the interview is to 12 consider and act upon information received by the board after the 13 original parole release decision. A rescission interview shall 14 be conducted within 45 days after receiving the new information. 15 At least 10 days before the interview, the parolee shall receive 16 a copy or summary of the new evidence that is the basis for the 17 interview. An amendment to a parole order shall be in writing 18 and is not effective until notice of the amendment is given to 19 the parolee. 20 (3) When an order for parole is issued, the order shall con- 21 tain the conditions of the parole and shall specifically provide 22 proper means of supervision of the paroled prisoner in accordance 23 with the rules of thebureau of field servicesDEPARTMENT. THE 24 ORDER OF PAROLE SHALL INCLUDE 1 OF THE FOLLOWING LEVELS OF 25 SUPERVISION: 26 (A) MOST RESTRICTIVE, IN WHICH THE PRISONER IS REQUIRED TO 27 HAVE 5 IN-PERSON CONTACTS WITH A PAROLE OFFICER EACH WEEK. 00810'97 3 1 (B) LESS RESTRICTIVE, IN WHICH THE PRISONER IS REQUIRED TO 2 HAVE 2 IN-PERSON CONTACTS WITH A PAROLE OFFICER EACH WEEK. 3 (C) LEAST RESTRICTIVE, IN WHICH THE PRISONER IS REQUIRED TO 4 HAVE 1 IN-PERSON CONTACT WITH A PAROLE OFFICER EACH WEEK. 5 (4) The order of parole shall contain a condition to pay 6 restitution to the victim of the prisoner's crime or the victim's 7 estate if the prisoner was ordered to make restitution pursuant 8 to the crime victim's rights act,Act No. 87 of the Public Acts9of 1985, being sections 780.751 to 780.834 of the Michigan10Compiled Laws1985 PA 87, MCL 780.751 TO 780.834, or the code of 11 criminal procedure,Act No. 175 of the Public Acts of 1927,12being sections 760.1 to 776.21 of the Michigan Compiled Laws13 1927 PA 175, MCL 760.1 TO 776.22. 14 (5) The order of parole shall contain a condition requiring 15 the parolee to pay a parole supervision fee as prescribed in 16 section 36a. 17 (6) The order of parole shall contain a condition requiring 18 the parolee to pay any assessment the prisoner was ordered to pay 19 pursuant to section 5 ofAct No. 196 of the Public Acts of 1989,20being section 780.905 of the Michigan Compiled Laws1989 PA 196, 21 MCL 780.905. 22 (7) If the parolee is required to be registered under the 23 sex offenders registration act, 1994 PA 295, MCL 28.721 TO 24 28.732, the order of parole shall contain a condition requiring 25 the parolee to comply with that act. 26 (8) An order of parole issued for a prisoner subject to 27 disciplinary time shall contain a condition requiring the parolee 00810'97 4 1 to be housed in a community corrections center or a community 2 residential home for not less than the first 30 days but not more 3 than the first 180 days of his or her term of parole. As used in 4 this subsection, "community corrections center" and "community 5 residential home" mean those terms as defined in section 65a. 6 This subsection applies beginning on thedate that sentencing7guidelines are enacted into law after the sentencing commission8submits its report to the secretary of the senate and the clerk9of the house of representatives pursuant to sections 31 to 34 of10chapter IX of the code of criminal procedure, Act No. 175 of the11Public Acts of 1927, as added by the amendatory act resulting12from Enrolled House Bill No. 4782 of the 87th Legislature13 EFFECTIVE DATE OF 1994 PA 217, AS PRESCRIBED IN ENACTING 14 SECTION 2 OF THAT AMENDATORY ACT. 15 (9) In each case in which payment of restitution is ordered 16 as a condition of parole, a parole officer assigned to a case 17 shall review the case not less than twice yearly to ensure that 18 restitution is being paid as ordered. The final review shall be 19 conducted not less than 60 days before the expiration of the 20 parole period. If the parole officer determines that restitution 21 is not being paid as ordered, the parole officer shall file a 22 written report of the violation with the parole board on a form 23 prescribed by the parole board. The report shall include a 24 statement of the amount of arrearage and any reasons for the 25 arrearage known by the parole officer. The parole board shall 26 immediately provide a copy of the report to the court, the 27 prosecuting attorney, and the victim. 00810'97 5 1 (10) If a parolee is required to register pursuant to the 2 sex offenders registration act, 1994 PA 295, MCL 28.721 TO 3 28.732, the parole officer shall register the parolee as provided 4 in that act. 00810'97 Final page. DRM