HOUSE BILL No. 5124 September 30, 1997, Introduced by Reps. Jaye, Whyman, Green, Goschka, Kaza, Anthony and Llewellyn 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 allow for the operation of cer- tain facilities by private entities; to prescribe the powers and duties of certain other state departments and agencies; to pro- vide for the creation of a local lockup advisory board; to pre- scribe penalties 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 inconsistent with the provisions of this act," by amending sections 65a and 67a (MCL 791.265a and 791.267a), section 65a as amended by 1997 PA 13 and section 67a as added by 1996 PA 234. 04285'97 DRM 2 THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 65a. (1) Under prescribed conditions, the director may 2 extend the limits of confinement of a prisoner when there is rea- 3 sonable assurance, after consideration of all facts and circum- 4 stances, that the prisoner will not become a menace to society or 5 to the public safety, by authorizing the prisoner to do any of 6 the following: 7 (a) Visit a specifically designated place or places. An 8 extension of limits may be granted only to a prisoner housed in a 9 state correctional facility to permit a visit to a critically ill 10 relative, attendance at the funeral of a relative, or contacting 11 prospective employers. The maximum amount of time a prisoner is 12 eligible for an extension of the limits of confinement under this 13 subdivision shall not exceed a cumulative total period of 30 14 days. 15 (b) Obtain medical services not otherwise available to a 16 prisoner housed in a state correctional facility. HOWEVER, THIS 17 SUBDIVISION DOES NOT ALLOW A PRISONER TO OBTAIN NON-EMERGENCY, 18 ELECTIVE SURGERY. 19 (c) Work at paid employment, participate in a training or 20 educational program, or participate in a community residential 21 drug treatment program while continuing as a prisoner housed on a 22 voluntary basis at a community corrections center or in a commu- 23 nity residential home. 24 (2) The director shall promulgate rules to implement this 25 section. 04285'97 3 1 (3) The willful failure of a prisoner to remain within the 2 extended limits of his or her confinement or to return within the 3 time prescribed to an institution or facility designated by the 4 director shall be considered an escape from custody as provided 5 in section 193 of the Michigan penal code, 1931 PA 328, MCL 6 750.193. 7 (4) Subject to subsection (6), a prisoner, other than a 8 prisoner subject to disciplinary time, who is convicted of a 9 crime of violence or any assaultive crime is not eligible for the 10 extensions of the limits of confinement provided in subsection 11 (1) until the minimum sentence imposed for the crime has less 12 than 180 days remaining. Subject to subsection (6), a prisoner 13 subject to disciplinary time is not eligible for the extensions 14 of the limits of confinement provided in subsection (1) until he 15 or she has served the minimum sentence imposed for the crime plus 16 any disciplinary time. However, if the reason for the extension 17 is to visit a critically ill relative, attend the funeral of a 18 relative, or obtain medical services not otherwise available, the 19 director may allow the extension under escort as provided in sub- 20 section (1). 21 (5) A prisoner serving a sentence for murder in the first 22 degree is not eligible for the extensions of confinement under 23 this section until a parole release date is established by the 24 parole board and in no case before serving 15 calendar years with 25 a good institutional adjustment. 26 (6) A prisoner who is convicted of a crime of violence or 27 any assaultive crime, and whose minimum sentence imposed for the 04285'97 4 1 crime is 10 years or more, shall not be placed in a community 2 residential home during any portion of his or her sentence. 3 (7) The provisions of this section regarding prisoners 4 subject to disciplinary time take effect beginning on the effec- 5 tive date of 1994 PA 217, as prescribed in enacting section 2 of 6 that amendatory act. 7 (8) As used in this section: 8 (a) "Community corrections center" means a facility either 9 contracted for or operated by the department in which a security 10 staff is on duty 7 days per week, 24 hours per day. 11 (b) "Community residential home" means a location where 12 electronic monitoring of prisoner presence is provided by the 13 department 7 days per week, 24 hours per day, except that the 14 department may waive the requirement that electronic monitoring 15 be provided as to any prisoner who is within 3 months of his or 16 her parole date. 17 (c) "State correctional facility" means a facility owned or 18 leased by the department. State correctional facility does not 19 include a community corrections center or community residential 20 home. 21 Sec. 67a. (1) A prisoner who receives nonemergency medical, 22 dental, or optometric services at his or her request is responsi- 23 ble for a copayment fee to the department for those services, as 24 determined by the department. If the prisoner is a minor, the 25 prisoner's parent or guardian is also responsible for a copayment 26 fee imposed under this section. 04285'97 5 1 (2) A prisoner who intentionally injures himself or herself, 2 and receives emergency medical care for that injury, is 3 responsible for the entire cost of the medical care, rather than 4 the copayment described in subsection (1). 5 (3) The department shall determine whether those prisoners 6 who injure themselves intentionally shall be housed in a facility 7 designed to allow on-site medical treatment of those injuries. 8 Not later than 6 months after the effective date of this section, 9 the director of the department shall report to the legislature on 10 the feasibility and cost of implementing this subsection. 11 (4) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, A PRIS- 12 ONER HOUSED IN A STATE CORRECTIONAL FACILITY SHALL NOT UNDERGO 13 NON-EMERGENCY, ELECTIVE SURGERY OF ANY KIND. 04285'97 Final page. DRM