HOUSE BILL No. 5412 December 4, 1997, Introduced by Rep. Goschka 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 33, 33b, 33e, 34, 34a, 35, 36, 51, 65, and 65a (MCL 791.233, 791.233b, 791.233e, 791.234, 791.234a, 791.235, 791.236, 791.251, 791.265, and 791.265a), sections 33, 33b, 35, 02647'97 a DRM 2 51, and 65 as amended by 1994 PA 217, section 33e as added by 1992 PA 181, section 34 as amended by 1994 PA 345, section 34a as amended by 1994 PA 427, section 36 as amended by 1996 PA 554, and section 65a as amended by 1997 PA 13; and to repeal acts and parts of acts. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 33. (1)TheA grant of a parole is AVAILABLE ONLY TO 2 PRISONERS SENTENCED FOR CRIMES COMMITTED ON OR BEFORE THE EFFEC- 3 TIVE DATE OF THE 1997 AMENDATORY ACT THAT AMENDED THIS SECTION, 4 AND IS subject to all of the following: 5 (a) A prisoner shall not begiven libertyPLACED on parole 6 until the board has reasonable assurance, after consideration of 7 all of the facts and circumstances, including the prisoner's 8 mental and social attitude, that the prisoner will not become a 9 menace to society or to the public safety. 10 (b) Except as provided in section 34a, a parole shall not be 11 granted to a prisonerother than a prisoner subject to disci-12plinary timeuntil the prisoner has served the minimum term 13 imposed by the court less allowances for good time,orspecial 14 good time, OR DISCIPLINARY CREDITS to which the prisoner may be 15 entitled by statute, except that a prisonerother than a pris-16oner subject to disciplinary timeis eligible for parole before 17 the expiration of his or her minimum term of imprisonment when- 18 ever the sentencing judge, or the judge's successor in office, 19 gives written approval of the parole of the prisoner before the 20 expiration of the minimum term of imprisonment. 02647'97 a 3 1 (c) Except as provided in section 34a, and notwithstanding 2the provisions ofsubdivision (b), a parole shall not be 3 granted to a prisonerother than a prisoner subject to disci-4plinary timesentenced for the commission of a crime described 5 in section 33b(a) to (cc) until the prisoner has served the mini- 6 mum term imposed by the court less an allowance for disciplinary 7 credits as provided in section 33(5) ofAct No. 118 of the8Public Acts of 1893, being section 800.33 of the Michigan9Compiled Laws1893 PA 118, MCL 800.33. A prisoner described in 10 this subdivision is not eligible for special parole. 11(d) Except as provided in section 34a, a parole shall not12be granted to a prisoner subject to disciplinary time until the13prisoner has served the minimum term imposed by the court, plus14any disciplinary time accumulated pursuant to section 34 of Act15No. 118 of the Public Acts of 1893, being section 800.34 of the16Michigan Compiled Laws.17 (D)(e)A prisoner shall not be released on parole until 18 the parole board has satisfactory evidence that arrangements have 19 been made for such honorable and useful employment as the pris- 20 oner is capable of performing, for the prisoner's education, or 21 for the prisoner's care if the prisoner is mentally or physically 22 ill or incapacitated. 23 (2) Paroles-in-custody to answer warrants filed by local or 24 out-of-state agencies, or immigration officials, are permissible 25 if an accredited agent of the agency filing the warrant calls for 26 the prisoner to be paroled in custody. 02647'97 a 4 1 (3) Pursuant to the administrative procedures act of 1969, 2Act No. 306 of the Public Acts of l969, as amended, being3sections 24.201 to 24.328 of the Michigan Compiled Laws1969 4 PA 306, MCL 24.201 TO 24.328, the parole board may promulgate 5 rules not inconsistent with this act with respect to conditions 6 to be imposed upon prisoners paroled under this act. 7 Sec. 33b. A person convicted and sentenced forthe commis-8sion ofCOMMITTING any of the following crimesother than a9prisoner subject to disciplinary timeis not eligible for parole 10 until the person has served the minimum term imposed by the court 11 less an allowance for disciplinary credits as provided in section 12 33(5) ofAct No. 118 of the Public Acts of 1893, being section13800.33 of the Michigan Compiled Laws1893 PA 118, MCL 800.33, 14 and is not eligible for special parole: 15 (a) Section 13 of the Michigan penal code,Act No. 328 of16the Public Acts of 1931, as amended, being section 750.13 of the17Michigan Compiled Laws1931 PA 328, MCL 750.13. 18 (b) Section 14 ofAct No. 328 of the Public Acts of 1931,19as amended, being section 750.14 of the Michigan Compiled Laws20 THE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.14. 21 (c) Section 72, 73, or 75 ofAct No. 328 of the Public Acts22of 1931, as amended, being section 750.72, 750.73, or 750.75 of23the Michigan Compiled LawsTHE MICHIGAN PENAL CODE, 1931 PA 328, 24 MCL 750.72, 750.73, AND 750.75. 25 (d) Section 80, 82, 83, 84, 86, 87, 88, 89, or 90 ofAct26No. 328 of the Public Acts of 1931, as amended, being section27750.80, 750.82, 750.83, 750.84, 750.86, 750.87, 750.88, 750.89,02647'97 a 5 1or 750.90 of the Michigan Compiled LawsTHE MICHIGAN PENAL CODE, 2 1931 PA 328, MCL 750.80, 750.82, 750.83, 750.84, 750.86, 750.87, 3 750.88, 750.89, AND 750.90, or under former section 85 ofAct4No. 328 of the Public Acts of 1931THE MICHIGAN PENAL CODE, 1931 5 PA 328. 6 (e) Section 91 or 92 ofAct No. 328 of the Public Acts of71931, as amended, being section 750.91 or 750.92 of the Michigan8Compiled LawsTHE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.91 9 AND 750.92. 10 (f) Section 110, 112, or 116 ofAct No. 328 of the Public11Acts of 1931, as amended, being section 750.110, 750.112, or12750.116 of the Michigan Compiled LawsTHE MICHIGAN PENAL CODE, 13 1931 PA 328, MCL 750.110, 750.112, AND 750.116. 14 (g) Section 135, 136b(2), or 136b(3) ofAct No. 328 of the15Public Acts of 1931, as amended, being section 750.135 or16750.136b of the Michigan Compiled LawsTHE MICHIGAN PENAL CODE, 17 1931 PA 328, MCL 750.135 AND 750.136B, or under former section 18 136a ofAct No. 328 of the Public Acts of 1931THE MICHIGAN 19 PENAL CODE, 1931 PA 328. 20 (h) Section 158 ofAct No. 328 of the Public Acts of 1931,21as amended, being section 750.158 of the Michigan Compiled Laws22 THE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.158. 23 (i) Section 160 ofAct No. 328 of the Public Acts of 1931,24as amended, being section 750.160 of the Michigan Compiled Laws25 THE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.160. 02647'97 a 6 1 (j) Section 171 ofAct No. 328 of the Public Acts of 1931,2as amended, being section 750.171 of the Michigan Compiled Laws3 THE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.171. 4 (k) Section 196 ofAct No. 328 of the Public Acts of 1931,5as amended, being section 750.196 of the Michigan Compiled Laws6 THE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.196, or under 7 former section 194 ofAct No. 328 of the Public Acts of 19318 THE MICHIGAN PENAL CODE, 1931 PA 328. 9 (l) Section 204, 205, 206, 207, 208, 209, or 213 ofAct10No. 328 of the Public Acts of 1931, as amended, being section11750.204, 750.205, 750.206, 750.207, 750.208, 750.209, or 750.21312of the Michigan Compiled LawsTHE MICHIGAN PENAL CODE, 1931 PA 13 328, MCL 750.204, 750.205, 750.206, 750.207, 750.208, 750.209, 14 AND 750.213. 15 (m) Section 224, 226, or 227 ofAct No. 328 of the Public16Acts of 1931, as amended, being section 750.224, 750.226, or17750.227 of the Michigan Compiled LawsTHE MICHIGAN PENAL CODE, 18 1931 PA 328, MCL 750.224, 750.226, AND 750.227. 19 (n) Section 316, 317, 319, 321, 322, 323, 327, 328, or 329 20 ofAct No. 328 of the Public Acts of 1931, as amended, being21section 750.316, 750.317, 750.319, 750.321, 750.322, 750.323,22750.327, 750.328, or 750.329 of the Michigan Compiled LawsTHE 23 MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.316, 750.317, 750.319, 24 750.321, 750.322, 750.323, 750.327, 750.328, AND 750.329. 25 (o) Former section 333 ofAct No. 328 of the Public Acts of261931THE MICHIGAN PENAL CODE, 1931 PA 328. 02647'97 a 7 1 (p) Section 338, 338a, or 338b ofAct No. 328 of the Public2Acts of 1931, as amended, being section 750.338, 750.338a, or3750.338b of the Michigan Compiled LawsTHE MICHIGAN PENAL CODE, 4 1931 PA 328, MCL 750.338, 750.338A, AND 750.338B, or under former 5 section 341 ofAct No. 328 of the Public Acts of 1931THE 6 MICHIGAN PENAL CODE, 1931 PA 328. 7 (q) Section 349, 349a, or 350 ofAct No. 328 of the Public8Acts of 1931, as amended, being section 750.349, 750.349a, or9750.350 of the Michigan Compiled LawsTHE MICHIGAN PENAL CODE, 10 1931 PA 328, MCL 750.349, 750.349A, AND 750.350. 11 (r) Section 357 ofAct No. 328 of the Public Acts of 1931,12as amended, being section 750.357 of the Michigan Compiled Laws13 THE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.357. 14 (s) Section 386 or 392 ofAct No. 328 of the Public Acts of151931, as amended, being section 750.386 or 750.392 of the16Michigan Compiled LawsTHE MICHIGAN PENAL CODE, 1931 PA 328, MCL 17 750.386 AND 750.392. 18 (t) Section 397 or 397a ofAct No. 328 of the Public Acts19of 1931, as amended, being section 750.397 or 750.397a of the20Michigan Compiled LawsTHE MICHIGAN PENAL CODE, 1931 PA 328, MCL 21 750.397 AND 750.397A. 22 (u) Section 436 ofAct No. 328 of the Public Acts of 1931,23as amended, being section 750.436 of the Michigan Compiled Laws24 THE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.436. 25 (v) Section 511 or 517 ofAct No. 328 of the Public Acts of261931, as amended, being section 750.511 or 750.517 of the02647'97 a 8 1Michigan Compiled LawsTHE MICHIGAN PENAL CODE, 1931 PA 328, MCL 2 750.511 AND 750.517. 3 (w) Section 520b, 520c, 520d, or 520g ofAct No. 328 of the4Public Acts of 1931, as amended, being section 750.520b,5750.520c, 750.520d, or 750.520g of the Michigan Compiled Laws6 THE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.520B, 750.520C, 7 750.520D, AND 750.520G. 8 (x) Section 529, 529a, 530, or 531 ofAct No. 328 of the9Public Acts of 1931, as amended, being section 750.529, 750.529a,10750.530, or 750.531 of the Michigan Compiled LawsTHE MICHIGAN 11 PENAL CODE, 1931 PA 328, MCL 750.529, 750.529A, 750.530, AND 12 750.531. 13 (y) Section 544 ofAct No. 328 of the Public Acts of 1931,14as amended, being section 750.544 of the Michigan Compiled Laws15 THE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.544, or under 16 former section 545a ofAct No. 328 of the Public Acts of 193117 THE MICHIGAN PENAL CODE, 1931 PA 328. 18 (z) Former section 2 ofAct No. 38 of the Public Acts of19the Extra Session of 19501950 (EX SESS) PA 38. 20 (aa) Former section 6 ofAct No. 117 of the Public Acts of2119521952 PA 117. 22 (bb) Section 1, 2, or 3 ofAct No. 302 of the Public Acts23of 1968, as amended, being section 752.541, 752.542, or 752.54324of the Michigan Compiled Laws1968 PA 302, MCL 752.541, 752.542, 25 AND 752.543. 26 (cc) Section 7401(2)(a), 7401(2)(b), 7402(2)(a), or 27 7402(2)(b) of the public health code,Act No. 368 of the Public02647'97 a 9 1Acts of 1978, being section 333.7401 or 333.7402 of the Michigan2Compiled Laws1978 PA 368, MCL 333.7401 AND 333.7402. 3 Sec. 33e. (1) The department shall develop parole guide- 4 lines that are consistent with section 33(1)(a) and that shall 5 govern the exercise of the parole board's discretion pursuant to 6 sections 34 and 35 as to the release of prisoners on parole under 7 this act. The purpose of the parole guidelines shall be to 8 assist the parole board in making release decisions that enhance 9 the public safety. 10 (2) In developing the parole guidelines, the department 11 shall consider factors including, but not limited to, the 12 following: 13 (a) The offense for which the prisoner is incarcerated at 14 the time of parole consideration. 15 (b) The prisoner's institutional program performance. 16 (c) The prisoner's institutional conduct. 17 (d) The prisoner's prior criminal record. As used in this 18 subdivision, "prior criminal record" means the recorded criminal 19 history of a prisoner, including all misdemeanor and felony con- 20 victions, probation violations, juvenile adjudications for acts 21 that would have been crimes if committed by an adult, parole 22 failures, and delayed sentences. 23 (e) Other relevant factors as determined by the department, 24 if not otherwise prohibited by law. 25 (3) In developing the parole guidelines, the department may 26 consider both of the following factors: 02647'97 a 10 1 (a) The prisoner's statistical risk screening. 2 (b) The prisoner's age. 3 (4) The department shall ensure that the parole guidelines 4 do not create disparities in release decisions based on race, 5 color, national origin, gender, religion, or disability. 6 (5) The department shall promulgate rules pursuant to the 7 administrative procedures act of 1969,Act No. 306 of the Public8Acts of 1969, being sections 24.201 to 24.328 of the Michigan9Compiled Laws1969 PA 306, MCL 24.201 TO 24.328, which shall 10 prescribe the parole guidelines. The department shall submit the 11 proposed rules to the joint committee on administrative rules not 12 later than April 1, 1994. Until the rules take effect, the 13 director shall require that the parole guidelines be considered 14 by the parole board in making release decisions. After the rules 15 take effect, the director shall require that the parole board 16 follow the parole guidelines. 17 (6) The parole board may depart from the parole guidelines 18 by denying parole to a prisoner who has a high probability of 19 parole as determined under the parole guidelines or by granting 20 parole to a prisoner who has a low probability of parole as 21 determined under the parole guidelines. A departure under this 22 subsection shall be for substantial and compelling reasons stated 23 in writing. The parole board shall not use a prisoner's gender, 24 race, ethnicity, alienage, national origin, or religion to depart 25 from the recommended parole guidelines. 26 (7) Not less than once every 2 years, the department shall 27 review the correlation between the implementation of the parole 02647'97 a 11 1 guidelines and the recidivism rate of paroled prisoners, and 2 shall submit to the joint committee on administrative rules any 3 proposed revisions to the administrative rules that the depart- 4 ment considers appropriate after conducting the review. 5 (8) THE PAROLE GUIDELINES APPLY ONLY TO PRISONERS SENTENCED 6 FOR CRIMES COMMITTED ON OR BEFORE THE EFFECTIVE DATE OF THE AMEN- 7 DATORY ACT THAT ADDED THIS SUBSECTION. 8 Sec. 34. (1) Except as provided in section 34a, a prisoner 9 sentenced to an indeterminate sentence FOR A CRIME COMMITTED ON 10 OR BEFORE THE EFFECTIVE DATE OF THE 1997 AMENDATORY ACT THAT 11 AMENDED THIS SECTION and confined in a state correctional facil- 12 ity with a minimum in terms of yearsother than a prisoner13subject to disciplinary timeis subject to the jurisdiction of 14 the parole board when the prisoner has served a period of time 15 equal to the minimum sentence imposed by the court for the crime 16 of which he or she was convicted, less good time and disciplinary 17 credits, if applicable. 18(2) Except as provided in section 34a, a prisoner subject19to disciplinary time sentenced to an indeterminate sentence and20confined in a state correctional facility with a minimum in terms21of years is subject to the jurisdiction of the parole board when22the prisoner has served a period of time equal to the minimum23sentence imposed by the court for the crime of which he or she24was convicted, plus any disciplinary time accumulated pursuant to25section 34 of Act No. 118 of the Public Acts of 1893, being sec-26tion 800.34 of the Michigan Compiled Laws.02647'97 a 12 1 (2)(3)If a prisonerother than a prisoner subject to2disciplinary timeis sentenced for consecutive terms FOR A CRIME 3 COMMITTED ON OR BEFORE THE EFFECTIVE DATE OF THE 1997 AMENDATORY 4 ACT THAT AMENDED THIS SECTION, whether received at the same time 5 or at any time during the life of the original sentence, the 6 parole board has jurisdiction over the prisoner for purposes of 7 parole when the prisoner has served the total time of the added 8 minimum terms, less the good time and disciplinary credits 9 allowed by statute. The maximum terms of the sentences shall be 10 added to compute the new maximum term under this subsection, and 11 discharge shall be issued only after the total of the maximum 12 sentences has been served less good time and disciplinary cred- 13 its, unless the prisoner is paroled and discharged upon satisfac- 14 tory completion of the parole. 15(4) If a prisoner subject to disciplinary time is sentenced16for consecutive terms, whether received at the same time or at17any time during the life of the original sentence, the parole18board has jurisdiction over the prisoner for purposes of parole19when the prisoner has served the total time of the added minimum20terms, plus any disciplinary time. The maximum terms of the sen-21tences shall be added to compute the new maximum term under this22subsection, and discharge shall be issued only after the total of23the maximum sentences has been served, unless the prisoner is24paroled and discharged upon satisfactory completion of the25parole.26 (3)(5)If a prisonerother than a prisoner subject to27disciplinary timeSENTENCED FOR A CRIME COMMITTED ON OR BEFORE 02647'97 a 13 1 THE EFFECTIVE DATE OF THE 1997 AMENDATORY ACT THAT AMENDED THIS 2 SECTION has 1 or more consecutive terms remaining to serve in 3 addition to the term he or she is serving, the parole board may 4 terminate the sentence the prisoner is presently serving at any 5 time after the minimum term of the sentence has been served. 6 (4)(6)A prisoner under sentence for life or for a term 7 of years FOR A CRIME COMMITTED ON OR BEFORE THE EFFECTIVE DATE OF 8 THE 1997 AMENDATORY ACT THAT AMENDED THIS SECTION, other than a 9 prisoner sentenced for life for murder in the first degree or 10 sentenced for life or for a minimum term of imprisonment for a 11 major controlled substance offense, who has served 10 calendar 12 years of the sentence in the case of a prisoner sentenced for a 13 crime committed before October 1, 1992, or who has served 15 cal- 14 endar years of the sentence in the case of a prisoner sentenced 15 for a crime committed on or after October 1, 1992, is subject to 16 the jurisdiction of the parole board and may be released on 17 parole by the parole board, subject to the following conditions: 18 (a) One member of the parole board shall interview the pris- 19 oner at the conclusion of 10 calendar years of the sentence and 20 every 5 years thereafter until such time as the prisoner is 21 paroled, discharged, or deceased.The interview schedule pre-22scribed in this subdivision applies to all prisoners to whom this23subsection is applicable, whether sentenced before, on, or after24the effective date of the 1992 amendatory act that amended this25subdivision.26 (b) A parole shall not be granted a prisoner so sentenced 27 until after a public hearing held in the manner prescribed for 02647'97 a 14 1 pardons and commutations in sections 44(2)(f) to (h) and 45. 2 Notice of the public hearing shall be given to the sentencing 3 judge, or the judge's successor in office, and parole shall not 4 be granted if the sentencing judge, or the judge's successor in 5 office, files written objections to the granting of the parole 6 within 30 days of receipt of the notice of hearing. The written 7 objections shall be made part of the prisoner's file. 8 (c) A parole granted under this subsection shall be for a 9 period of not less than 4 years and subject to the usual rules 10 pertaining to paroles granted by the parole board. A parole 11 ordered under this subsection is not valid until the transcript 12 of the record is filed with the attorney general whose certifica- 13 tion of receipt of the transcript shall be returnable to the 14 office of the parole board within 5 days. Except for medical 15 records protected under section 2157 of the revised judicature 16 act of 1961,Act No. 236 of the Public Acts of 1961, being sec-17tion 600.2157 of the Michigan Compiled Laws1961 PA 236, MCL 18 600.2157, the file of a prisoner granted a parole under this sub- 19 section is a public record. 20 (d) A parole shall not be granted under this subsection in 21 the case of a prisoner who is otherwise prohibited by law from 22 parole consideration. In such cases the interview procedures in 23 section 44 shall be followed. 24 (5)(7)Except as provided in section 34a, a prisoner's 25 release on parole is discretionary with the parole board. The 26 action of the parole board in granting or denying a parole is 27 appealable by the prisoner, the prosecutor of the county from 02647'97 a 15 1 which the prisoner was committed, or the victim of the crime for 2 which the prisoner was convicted. The appeal shall be to the 3 circuit court in the county from which the prisoner was commit- 4 ted, by leave of the court. 5(8) The provisions of this section regarding prisoners6subject to disciplinary time take effect beginning on the effec-7tive date of Act No. 217 of the Public Acts of 1994, as pre-8scribed in enacting section 2 of that amendatory act.9 Sec. 34a. (1)AREGARDLESS OF HIS OR HER SENTENCING DATE, 10 A prisoner sentencedeither before, on, or after the effective11date of the amendatory act that added this sectionto an inde- 12 terminate term of imprisonment under the jurisdiction of the 13 department shall be considered by the department for placement in 14 a special alternative incarceration unit established under 15 section 3 of the special alternative incarceration act,Act16No. 287 of the Public Acts of 1988, being section 798.13 of the17Michigan Compiled Laws1988 PA 287, MCL 798.13, if the prisoner 18 meets the eligibility requirements of subsections (2) and (3). 19 For a prisoner committed to the jurisdiction of the department on 20 or after March 19, 1992, the department shall determine before 21 the prisoner leaves the reception center whether the prisoner is 22 eligible for placement in a special alternative incarceration 23 unit, although actual placement may take place at a later date. 24 A determination of eligibility does not guarantee placement in a 25 unit. 02647'97 a 16 1 (2) To be eligible for placement in a special alternative 2 incarceration unit, the prisoner shall meet all of the following 3 requirements: 4 (a) The prisoner's minimum sentence does not exceed either 5 of the following limits, as applicable: 6 (i) 24 months or less for a violation of section 110 of the 7 Michigan penal code,Act No. 110 of the Public Acts of 1931,8being section 750.110 of the Michigan Compiled Laws1931 PA 328, 9 MCL 750.110, if the violation involved any occupied dwelling 10 house, as that term is defined in that section. 11 (ii) 36 months or less for any other crime. 12 (b) The prisoner has never previously been placed in a spe- 13 cial alternative incarceration unit as either a prisoner or a 14 probationer, unless he or she was removed from a special alterna- 15 tive incarceration unit for medical reasons as specified in 16 subsection (6). 17 (c) The prisoner is physically able to participate in the 18 program. 19 (d) The prisoner does not appear to have any mental handicap 20 that would prevent participation in the program. 21 (e) The prisoner is serving his or her first prison 22 sentence. 23 (f) At the time of sentencing, the judge did not prohibit 24 participation in the program in the judgment of sentence. 25 (g) The prisoner is otherwise suitable for the program, as 26 determined by the department. 02647'97 a 17 1 (h) The prisoner is not serving a sentence for any of the 2 following crimes: 3 (i) A violation of section 11, 49, 80, 83, 89, 91, 157b, 4 158, 207, 260, 316, 317, 327, 328, 335a, 338, 338a, 338b, 349, 5 349a, 350, 422, 436, 511, 516, 517, 520b, 529, 529a, 531, or 544 6 of the Michigan penal code,Act No. 328 of the Public Acts of71931, being sections 750.11, 750.49, 750.80, 750.83, 750.89,8750.91, 750.157b, 750.158, 750.207, 750.260, 750.316, 750.317,9750.327, 750.328, 750.335a, 750.338, 750.338a, 750.338b, 750.349,10750.349a, 750.350, 750.422, 750.436, 750.511, 750.516, 750.517,11750.520b, 750.529, 750.529a, 750.531, and 750.544 of the Michigan12Compiled Laws1931 PA 328, MCL 750.11, 750.49, 750.80, 750.83, 13 750.89, 750.91, 750.157B, 750.158, 750.207, 750.260, 750.316, 14 750.317, 750.327, 750.328, 750.335A, 750.338, 750.338A, 750.338B, 15 750.349, 750.349A, 750.350, 750.422, 750.436, 750.511, 750.516, 16 750.517, 750.520B, 750.529, 750.529A, 750.531, AND 750.544. 17 (ii) A violation of section 145c, 520c, 520d, or 520g of 18Act No. 328 of the Public Acts of 1931, being sections 750.145c,19750.520c, 750.520d, and 750.520g of the Michigan Compiled Laws20 THE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.145C, 750.520C, 21 750.520D, AND 750.520G. 22 (iii) A violation of section 72, 73, or 75 ofAct No. 32823of the Public Acts of 1931, being sections 750.72, 750.73, and24750.75 of the Michigan Compiled LawsTHE MICHIGAN PENAL CODE, 25 1931 PA 328, MCL 750.72, 750.73, AND 750.75. 26 (iv) A violation of section 86, 112, 136b, 193, 195, 213, 27 319, 321, 329, or 397 ofAct No. 328 of the Public Acts of 1931,02647'97 a 18 1being sections 750.86, 750.112, 750.136b, 750.193, 750.195,2750.213, 750.319, 750.321, 750.329, and 750.397 of the Michigan3Compiled LawsTHE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.86, 4 750.112, 750.136B, 750.193, 750.195, 750.213, 750.319, 750.321, 5 750.329, AND 750.397. 6 (v) A violation of section 2 ofAct No. 302 of the Public7Acts of 1968, being section 752.542 of the Michigan Compiled8Laws1968 PA 302, MCL 752.542. 9 (vi) An attempt to commit a crime described in subparagraphs 10 (i) to (v). 11 (vii) A violation occurring on or after January 1, 1992, of 12 section 625(4) or (5) of the Michigan vehicle code,Act No. 30013of the Public Acts of 1949, being section 257.625 of the Michigan14Compiled Laws1949 PA 300, MCL 257.625. 15 (viii) A crime for which the prisoner was punished pursuant 16 to section 10, 11, or 12 of chapter IX of the code of criminal 17 procedure,Act No. 175 of the Public Acts of 1927, being sec-18tions 769.10, 769.11, and 769.12 of the Michigan Compiled Laws19 1927 PA 175, MCL 769.10, 769.11, AND 769.12. 20 (3) A prisoner who is serving a sentence for a violation of 21 section 7401 or 7403 of the public health code,Act No. 368 of22the Public Acts of 1978, being sections 333.7401 and 333.7403 of23the Michigan Compiled Laws1978 PA 368, MCL 333.7401 AND 24 333.7403, who has previously been convicted for a violation of 25 section 7401 or 7403(2)(a), (b), or (e) ofAct No. 368 of the26Public Acts of 1978THE PUBLIC HEALTH CODE, 1978 PA 368, 27 MCL 333.7401 AND 333.7403, is not eligible for placement in a 02647'97 a 19 1 special alternative incarceration unit until after he or she has 2 served the equivalent of the mandatory minimum sentence pre- 3 scribed by statute for that violation. 4 (4) If the sentencing judge prohibited a prisoner's partici- 5 pation in the special alternative incarceration program in the 6 judgment of sentence, that prisoner shall not be placed in a spe- 7 cial alternative incarceration unit. If the sentencing judge 8 permitted the prisoner's participation in the special alternative 9 incarceration program in the judgment of sentence, that prisoner 10 may be placed in a special alternative incarceration unit if the 11 department determines that the prisoner also meets the require- 12 ments of subsections (2) and (3). If the sentencing judge nei- 13 ther prohibited nor permitted a prisoner's participation in the 14 special alternative incarceration program in the judgment of sen- 15 tence, and the department determines that the prisoner meets the 16 eligibility requirements of subsections (2) and (3), the depart- 17 ment shall notify the judge or the judge's successor, the prose- 18 cuting attorney for the county in which the prisoner was sen- 19 tenced, and any victim of the crime for which the prisoner was 20 committed if the victim has submitted to the department a written 21 request for any notification pursuant to section 19(1) of the 22 crime victim's rights act,Act No. 87 of the Public Acts of231985, being section 780.769 of the Michigan Compiled Laws1985 24 PA 87, MCL 780.769, of the proposed placement of the prisoner in 25 the special alternative incarceration unit not later than 30 days 26 before placement is intended to occur. The department shall not 27 place the prisoner in a special alternative incarceration unit 02647'97 a 20 1 unless the sentencing judge, or the judge's successor, notifies 2 the department, in writing, that he or she does not object to the 3 proposed placement. In making the decision on whether or not to 4 object, the judge, or judge's successor, shall review any impact 5 statement submitted pursuant to section 14 ofAct No. 87 of the6Public Acts of 1985, being section 780.764 of the Michigan7Compiled LawsTHE CRIME VICTIM'S RIGHTS ACT, 1985 PA 87, 8 MCL 780.764, by the victim or victims of the crime of which the 9 prisoner was convicted. 10 (5) Notwithstanding subsection (4), a prisoner shall not be 11 placed in a special alternative incarceration unit unless the 12 prisoner consents to that placement and agrees that the depart- 13 ment may suspend or restrict privileges generally afforded other 14 prisoners including, but not limited to, the areas of visitation, 15 property, mail, publications, commissary, library, and telephone 16 access. However, the department may not suspend or restrict the 17 prisoner's access to the prisoner grievance system. 18 (6) A prisoner may be placed in a special alternative incar- 19 ceration program for a period of not less than 90 days or more 20 than 120 days. If, during that period, the prisoner misses more 21 than 5 days of program participation due to medical excuse for 22 illness or injury occurring after he or she was placed in the 23 program, the period of placement shall be increased by the number 24 of days missed, beginning with the sixth day of medical excuse, 25 up to a maximum of 20 days. However, the total number of days a 26 prisoner may be placed in this program, including days missed due 27 to medical excuse, shall not exceed 120 days. A medical excuse 02647'97 a 21 1 shall be verified by a physician's statement. A prisoner who is 2 medically unable to participate in the program for more than 25 3 days shall be returned to a state correctional facility but may 4 be reassigned to the program if the prisoner meets the eligibil- 5 ity requirements of subsections (2) and (3). 6 (7) Upon certification of completion of the special alterna- 7 tive incarceration program,theA prisoner shall be placed on 8 parole. A prisoner paroled under this section shall have condi- 9 tions of parole as determined appropriate by the parole board and 10 shall be placed on parole for not less than 18 months, or the 11 balance of the prisoner's minimum sentence, whichever is greater, 12 with at least the first 120 days under intensive supervision. 13 (8) The parole board may suspend or revoke parole for any 14 prisoner paroled under this section subject to sections 39a and 15 40a.For a prisoner other than a prisoner subject to disci-16plinary time, ifIF parole is revoked before the expiration of 17 the prisoner's minimum sentence, less disciplinary credits, the 18 parole board shall forfeit, pursuant to section 33(13) ofAct19No. 118 of the Public Acts of 1893, being section 800.33 of the20Michigan Compiled Laws1893 PA 118, MCL 800.33, all disciplinary 21 credits that were accumulated during special alternative incar- 22 ceration, and the prisoner shall be considered for parole pursu- 23 ant to section 35. 24 (9) On March 19, 1993, and annually after that time, the 25 department shall report to the legislature the impact of the 26 operation of this section, including a report concerning 27 recidivism. 02647'97 a 22 1 (10)The provisions of this section regarding prisoners2subject to disciplinary time take effect beginning on the effec-3tive date of Act No. 217 of the Public Acts of 1994, as pre-4scribed in enacting section 2 of that amendatory act.THIS SEC- 5 TION DOES NOT APPLY TO A PRISONER SENTENCED FOR A CRIME COMMITTED 6 AFTER THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS 7 SENTENCE. 8 Sec. 35. (1) The release of a prisoner on parole shall be 9 granted solely upon the initiative of the parole board. The 10 parole board may grant a parole without interviewing the 11 prisoner. However, beginning on the date on which the adminis- 12 trative rules prescribing parole guidelines pursuant to 13 section 33e(5) take effect, the parole board may grant a parole 14 without interviewing the prisoner only if, after evaluating the 15 prisoner according to the parole guidelines, the parole board 16 determines that the prisoner has a high probability of being 17 paroled and the parole board therefore intends to parole the 18 prisoner. Except as provided in subsection (2), a prisoner shall 19 not be denied parole without an interview before 1 member of the 20 parole board. The interview shall be conducted at least 1 month 21 before the expiration of the prisoner's minimum sentence less 22 applicable good time and disciplinary credits.for a prisoner23eligible for good time and disciplinary credits, or at least 124month before the expiration of the prisoner's minimum sentence25plus disciplinary time for a prisoner subject to disciplinary26time.The parole board shall consider any statement made to the 27 parole board by a crime victim under the crime victim's rights 02647'97 a 23 1 act,Act No. 87 of the Public Acts of 1985, being sections2780.751 to 780.834 of the Michigan Compiled Laws1985 PA 87, 3 MCL 780.751 TO 780.834, or under any other provision of law. The 4 parole board shall not consider any of the following factors in 5 making a parole determination: 6 (a) A juvenile record that a court has ordered the depart- 7 ment to expunge. 8 (b) Information that is determined by the parole board to be 9 inaccurate or irrelevant after a challenge and presentation of 10 relevant evidence by a prisoner who has received a notice of 11 intent to conduct an interview as provided in subsection (4). 12 This subdivision applies only to presentence investigation 13 reports prepared before April 1, 1983. 14 (2) Beginning on the date on which the administrative rules 15 prescribing the parole guidelines take effect pursuant to 16 section 33e(5), if, after evaluating a prisoner according to the 17 parole guidelines, the parole board determines that the prisoner 18 has a low probability of being paroled and the parole board 19 therefore does not intend to parole the prisoner, the parole 20 board shall not be required to interview the prisoner before 21 denying parole to the prisoner. 22 (3) The parole board may consider but shall not base a 23 determination to deny parole solely on either of the following: 24 (a) A prisoner's marital history. 25 (b) Prior arrests not resulting in conviction or adjudica- 26 tion of delinquency. 02647'97 a 24 1 (4) If an interview is to be conducted, the prisoner shall 2 be sent a notice of intent to conduct an interview at least 1 3 month before the date of the interview. The notice shall state 4 the specific issues and concerns that shall be discussed at the 5 interview and that may be a basis for a denial of parole. A 6 denial of parole shall not be based on reasons other than those 7 stated in the notice of intent to conduct an interview except for 8 good cause stated to the prisoner at or before the interview and 9 in the written explanation required by subsection (12). This 10 subsection does not apply until April 1, 1983. 11 (5) Except for good cause, the parole board member conduct- 12 ing the interview shall not have cast a vote for or against the 13 prisoner's release before conducting the current interview. 14 Before the interview, the parole board member who is to conduct 15 the interview shall review pertinent information relative to the 16 notice of intent to conduct an interview. 17 (6) A prisoner may waive the right to an interview by 1 18 member of the parole board. The waiver of the right to be inter- 19 viewed shall be given not more than 30 days after the notice of 20 intent to conduct an interview is issued and shall be made in 21 writing. During the interview held pursuant to a notice of 22 intent to conduct an interview, the prisoner may be represented 23 by an individual of his or her choice. The representative shall 24 not be another prisoner or an attorney. A prisoner is not enti- 25 tled to appointed counsel at public expense. The prisoner or 26 representative may present relevant evidence in support of 27 release. This subsection does not apply until April 1, 1983. 02647'97 a 25 1 (7) At least 90 days before the expiration of the prisoner's 2 minimum sentence less applicable good time and disciplinary 3 credits,for a prisoner eligible for good time or disciplinary4credits, or at least 90 days before the expiration of the5prisoner's minimum sentence plus disciplinary time for a prisoner6subject to disciplinary time,or the expiration of a 12-month 7 continuance for any prisoner, a parole eligibility report shall 8 be prepared by appropriate institutional staff. The parole eli- 9 gibility report shall be considered pertinent information for 10 purposes of subsection (5). The report shall include all of the 11 following: 12 (a) A statement of all major misconduct charges of which the 13 prisoner was found guilty and the punishment served for the 14 misconduct. 15 (b) The prisoner's work and educational record while 16 confined. 17 (c) The results of any physical, mental, or psychiatric 18 examinations of the prisoner that may have been performed. 19 (d) Whether the prisoner fully cooperated with the state by 20 providing complete financial information as required under sec- 21 tion 3a of the state correctional facility reimbursement act, 22Act No. 253 of the Public Acts of 1935, being section 800.403a23of the Michigan Compiled Laws1935 PA 253, MCL 800.403A. 24 (8) The preparer of the report shall not include a recommen- 25 dation as to release on parole. 26 (9) Psychological evaluations performed at the request of 27 the parole board to assist it in reaching a decision on the 02647'97 a 26 1 release of a prisoner may be performed by the same person who 2 provided the prisoner with therapeutic treatment, unless a dif- 3 ferent person is requested by the prisoner or parole board. 4 (10) The parole board may grant a medical parole for a pris- 5 oner determined to be physically or mentally incapacitated. A 6 decision to grant a medical parole shall be initiated upon the 7 recommendation of the bureau of health care services and shall be 8 reached only after a review of the medical, institutional, and 9 criminal records of the prisoner. 10 (11) The department shall submit a petition to theprobate11 court HAVING JURISDICTION under section 434 of the mental health 12 code,Act No. 258 of the Public Acts of 1974, being13section 330.1434 of the Michigan Compiled Laws1974 PA 258, 14 MCL 330.1434, for any prisoner being paroled or being released 15 after serving his or her maximum sentence whom the department 16 considers to be a person requiring treatment. The parole board 17 shall require mental health treatment as a special condition of 18 parole for any parolee whom the department has determined to be a 19 person requiring treatment whether or not the petition filed for 20 that prisoner is granted by the probate court. As used in this 21 subsection, "person requiring treatment" means that term as 22 defined in section 401 ofAct No. 258 of the Public Acts of231974, being section 330.1401 of the Michigan Compiled LawsTHE 24 MENTAL HEALTH CODE, 1974 PA 258, MCL 330.1401. 25 (12) When the parole board makes a final determination not 26 to release a prisoner, the prisoner shall be provided with a 27 written explanation of the reason for denial and, if appropriate, 02647'97 a 27 1 specific recommendations for corrective action the prisoner may 2 take to facilitate release. 3 (13) This section does not apply to the placement on parole 4 of a person in conjunction with special alternative incarceration 5 under section 34a(7). 6 (14) THIS SECTION APPLIES ONLY TO PRISONERS SENTENCED FOR 7 CRIMES COMMITTED ON OR BEFORE THE EFFECTIVE DATE OF THE AMENDA- 8 TORY ACT THAT ADDED THIS SUBSECTION. 9 Sec. 36. (1) All paroles shall be ordered by the parole 10 board and shall be signed by the chairperson. Written notice of 11 the order shall be given to the sheriff or other police officer 12 of the municipality or county in which the prisoner was con- 13 victed, and to the sheriff or other local police officer of the 14 municipality or county to which the paroled prisoner is sent. 15 (2) An order of parole may be amended or rescinded at the 16 discretion of the parole board for cause. If a paroled prisoner 17 who is required to register pursuant to the sex offenders regis- 18 tration act,Act No. 295 of the Public Acts of 1994, being sec-19tions 28.721 to 28.732 of the Michigan Compiled Laws1994 20 PA 295, MCL 28.721 TO 28.732, willfully violates that act, the 21 parole board shall rescind the parole. A parole shall not be 22 rescinded unless an interview is conducted by 1 member of the 23 parole board. The purpose of the interview is to consider and 24 act upon information received by the board after the original 25 parole release decision. A rescission interview shall be con- 26 ducted within 45 days after receiving the new information. At 27 least 10 days before the interview, the parolee shall receive a 02647'97 a 28 1 copy or summary of the new evidence that is the basis for the 2 interview. An amendment to a parole order shall be in writing 3 and is not effective until notice of the amendment is given to 4 the parolee. 5 (3) When an order for parole is issued, the order shall con- 6 tain the conditions of the parole and shall specifically provide 7 proper means of supervision of the paroled prisoner in accordance 8 with the rules of the bureau of field services. 9 (4) The order of parole shall contain a condition to pay 10 restitution to the victim of the prisoner's crime or the victim's 11 estate if the prisoner was ordered to make restitution pursuant 12 to the crime victim's rights act,Act No. 87 of the Public Acts13of 1985, being sections 780.751 to 780.834 of the Michigan14Compiled Laws1985 PA 87, MCL 780.751 TO 780.834, or the code of 15 criminal procedure,Act No. 175 of the Public Acts of 1927,16being sections 760.1 to 776.21 of the Michigan Compiled Laws17 1927 PA 175, MCL 760.1 TO 776.21. 18 (5) The order of parole shall contain a condition requiring 19 the parolee to pay a parole supervision fee as prescribed in 20 section 36a. 21 (6) The order of parole shall contain a condition requiring 22 the parolee to pay any assessment the prisoner was ordered to pay 23 pursuant to section 5 ofAct No. 196 of the Public Acts of 1989,24being section 780.905 of the Michigan Compiled Laws1989 PA 196, 25 MCL 780.905. 26 (7) If the parolee is required to be registered underAct27No. 295 of the Public Acts of 1994THE SEX OFFENDERS 02647'97 a 29 1 REGISTRATION ACT, 1994 PA 295, MCL 28.721 TO 28.732, the order of 2 parole shall contain a condition requiring the parolee to comply 3 with that act. 4(8) An order of parole issued for a prisoner subject to5disciplinary time shall contain a condition requiring the parolee6to be housed in a community corrections center or a community7residential home for not less than the first 30 days but not more8than the first 180 days of his or her term of parole. As used in9this subsection, "community corrections center" and "community10residential home" mean those terms as defined in section 65a.11This subsection applies beginning on the date that sentencing12guidelines are enacted into law after the sentencing commission13submits recommended sentencing guidelines to the secretary of the14senate and the clerk of the house of representatives pursuant to15section 33 of chapter IX of the code of criminal procedure, Act16No. 175 of the Public Acts of 1927, being section 769.33 of the17Michigan Compiled Laws.18 (8)(9)The order of parole shall contain a condition 19 requiring the parolee to pay the following amounts owed by the 20 prisoner, if applicable: 21 (a) The balance of filing fees and costs ordered to be paid 22 under section 2963 of the revised judicature act of 1961,Act23No. 236 of the Public Acts of 1961, being section 600.2963 of the24Michigan Compiled Laws1961 PA 236, MCL 600.2963. 25 (b) The balance of any filing fee ordered to be paid by a 26 federal court under section 1915 of title 28 of the United States 02647'97 a 30 1 Code, 28 U.S.C. 1915 and any unpaid order of costs assessed 2 against the prisoner. 3 (9)(10)In each case in which payment of restitution is 4 ordered as a condition of parole, a parole officer assigned to a 5 case shall review the case not less than twice yearly to ensure 6 that restitution is being paid as ordered. The final review 7 shall be conducted not less than 60 days before the expiration of 8 the parole period. If the parole officer determines that resti- 9 tution is not being paid as ordered, the parole officer shall 10 file a written report of the violation with the parole board on a 11 form prescribed by the parole board. The report shall include a 12 statement of the amount of arrearage and any reasons for the 13 arrearage known by the parole officer. The parole board shall 14 immediately provide a copy of the report to the court, the prose- 15 cuting attorney, and the victim. 16 (10)(11)If a parolee is required to register pursuant to 17Act No. 295 of the Public Acts of 1994THE SEX OFFENDERS REGIS- 18 TRATION ACT, 1994 PA 295, MCL 28.721 TO 28.732, the parole offi- 19 cer shall register the parolee as provided in that act. 20 Sec. 51. (1) There is created within the department a hear- 21 ings division. The division is under the direction and supervi- 22 sion of the hearings administrator who is appointed by the direc- 23 tor of the department. 24 (2) The hearings division is responsible for each prisoner 25 hearing the department conducts that may result in the loss by a 26 prisoner of a right, including but not limited to any 1 or more 27 of the following matters: 02647'97 a 31 1 (a) An infraction of a prison rule that may result in 2 punitive segregation, loss of disciplinary credits, or the loss 3 of good time. 4 (b) A security classification that may result in the place- 5 ment of a prisoner in administrative segregation. 6 (c) A special designation that permanently excludes, by 7 department policy or rule, a person under the jurisdiction of the 8 department from community placement. 9 (d) Visitor restrictions. 10 (e) High or very high assaultive risk classifications. 11(3) The hearings division is responsible for each prisoner12hearing that may result in the accumulation of disciplinary13time.14 (3)(4)The hearings division is not responsible for a 15 prisoner hearing that is conducted as a result of a minor miscon- 16 duct charge that would not cause a loss of good time or disci- 17 plinary credits, or result in placement in punitive segregation. 18 (4)(5)Each hearings officer of the department is under 19 the direction and supervision of the hearings division. Each 20 hearings officer hired by the department after October 1, 1979, 21 shall be an attorney. 22 Sec. 65. (1) Under rules promulgated by the director of the 23 department, the assistant director in charge of the bureau of 24 correctional facilities, except as otherwise provided in this 25 section, may cause the transfer or re-transfer of a prisoner from 26 a correctional facility to which committed to any other 27 correctional facility, or temporarily to a state institution for 02647'97 a 32 1 medical or surgical treatment. In effecting a transfer, the 2 assistant director of the bureau of correctional facilities may 3 utilize the services of an executive or employee within the 4 department and of a law enforcement officer of the state. 5(2) A prisoner who is subject to disciplinary time and is6committed to the jurisdiction of the department shall be confined7in a secure correctional facility for the duration of his or her8minimum sentence plus disciplinary time, except for periods when9the prisoner is away from the secure correctional facility while10being supervised by an employee of the department for 1 of the11following purposes:12(a) Visiting a critically ill relative.13(b) Attending the funeral of a relative.14(c) Obtaining medical services not otherwise available at15the secure correctional facility.16(d) Participating in a work detail.17 (2)(3)As used in this section, "offender" means a citi- 18 zen of the United States or a foreign country who has been con- 19 victed of a crime and been given a sentence in a country other 20 than the country of which he or she is a citizen. If a treaty is 21 in effect between the United States and a foreign country, which 22 provides for the transfer of offenders from the jurisdiction of 1 23 of the countries to the jurisdiction of the country of which the 24 offender is a citizen, and if the offender requests the transfer, 25 the governor of this state or a person designated by the governor 26 may give the approval of this state to a transfer of an offender, 27 if the conditions of the treaty are satisfied. 02647'97 a 33 1 (3)(4)Not less than 45 days before approval of a 2 transfer pursuant to subsection(3)(2) from this state to 3 another country, the governor, or the governor's designee, shall 4 notify the sentencing judge and the prosecuting attorney of the 5 county having original jurisdiction, or their successors in 6 office, of the request for transfer. The notification shall 7 indicate any name changes of the offender subsequent to 8 sentencing. Within 20 days after receiving such notification, 9 the judge or prosecutor may send to the governor, or the 10 governor's designee, information about the criminal action 11 against the offender or objections to the transfer. Objections 12 to the transfer shall not preclude approval of the transfer. 13(5) As used in this section, "secure correctional facility"14means a facility that houses prisoners under the jurisdiction of15the department according to the following requirements:16(a) The facility is enclosed by a locked fence or wall that17is designed to prevent prisoners from leaving the enclosed18premises and that is patrolled by correctional officers.19(b) Prisoners in the facility are restricted to the area20inside the fence or wall.21(c) Prisoners are under guard by correctional officers 722days per week, 24 hours per day.23 Sec. 65a. (1) Under prescribed conditions, the director may 24 extend the limits of confinement of a prisoner when there is rea- 25 sonable assurance, after consideration of all facts and circum- 26 stances, that the prisoner will not become a menace to society or 02647'97 a 34 1 to the public safety, by authorizing the prisoner to do any of 2 the following: 3 (a) Visit a specifically designated place or places. An 4 extension of limits may be granted only to a prisoner housed in a 5 state correctional facility to permit a visit to a critically ill 6 relative, attendance at the funeral of a relative, or contacting 7 prospective employers. The maximum amount of time a prisoner is 8 eligible for an extension of the limits of confinement under this 9 subdivision shall not exceed a cumulative total period of 30 10 days. 11 (b) Obtain medical services not otherwise available to a 12 prisoner housed in a state correctional facility. 13 (c) Work at paid employment, participate in a training or 14 educational program, or participate in a community residential 15 drug treatment program while continuing as a prisoner housed on a 16 voluntary basis at a community corrections center or in a commu- 17 nity residential home. 18 (2) The director shall promulgate rules to implement this 19 section. 20 (3) The willful failure of a prisoner to remain within the 21 extended limits of his or her confinement or to return within the 22 time prescribed to an institution or facility designated by the 23 director shall be considered an escape from custody as provided 24 in section 193 of the Michigan penal code, 1931 PA 328, MCL 25 750.193. 26 (4) Subject to subsection (6), a prisoner, other than a27prisoner subject to disciplinary time,who is convicted of a 02647'97 a 35 1 crime of violence or any assaultive crime is not eligible for the 2 extensions of the limits of confinement provided in subsection 3 (1) until the minimum sentence imposed for the crime has less 4 than 180 days remaining.Subject to subsection (6), a prisoner5subject to disciplinary time is not eligible for the extensions6of the limits of confinement provided in subsection (1) until he7or she has served the minimum sentence imposed for the crime plus8any disciplinary time.However, if the reason for the extension 9 is to visit a critically ill relative, attend the funeral of a 10 relative, or obtain medical services not otherwise available, the 11 director may allow the extension under escort as provided in sub- 12 section (1). 13 (5) A prisoner serving a sentence for murder in the first 14 degree is not eligible for the extensions of confinement under 15 this section until a parole release date is established by the 16 parole board and in no case before serving 15 calendar years with 17 a good institutional adjustment. 18 (6) A prisoner who is convicted of a crime of violence or 19 any assaultive crime, and whose minimum sentence imposed for the 20 crime is 10 years or more, shall not be placed in a community 21 residential home during any portion of his or her sentence. 22(7) The provisions of this section regarding prisoners23subject to disciplinary time take effect beginning on the effec-24tive date of 1994 PA 217, as prescribed in enacting section 2 of25that amendatory act.26 (7)(8)As used in this section: 02647'97 a 36 1 (a) "Community corrections center" means a facility either 2 contracted for or operated by the department in which a security 3 staff is on duty 7 days per week, 24 hours per day. 4 (b) "Community residential home" means a location where 5 electronic monitoring of prisoner presence is provided by the 6 department 7 days per week, 24 hours per day, except that the 7 department may waive the requirement that electronic monitoring 8 be provided as to any prisoner who is within 3 months of his or 9 her parole date. 10 (c) "State correctional facility" means a facility owned or 11 leased by the department. State correctional facility does not 12 include a community corrections center or community residential 13 home. 14 Enacting section 1. Section 33c of 1953 PA 232, MCL 15 791.233c, is repealed. 16 Enacting section 2. This amendatory act does not take 17 effect unless all of the following bills of the 89th Legislature 18 are enacted into law: 19 (a) Senate Bill No. _____ or House Bill No. _____ (request 20 no. 02647'97). 21 (b) Senate Bill No. _____ or House Bill No. _____ (request 22 no. 02647'97 b). 02647'97 a Final page. DRM