HOUSE BILL No. 4239


     February 9, 1999, Introduced by Reps. Stamas, Birkholz, Bovin, Kukuk, Julian, Jelinek, Richner and Hart and referred to the Committee on Criminal Law and 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 section 64 (MCL 791.264).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:





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 1         Sec. 64.  (1) The assistant director in charge of the bureau

 2    of  penal institutions  CORRECTIONAL FACILITIES shall  have

 3     authority and it shall be his duty to  classify the prisoners in

 4     the several penal institutions.  He  CORRECTIONAL FACILITIES.

 5    THE ASSISTANT DIRECTOR shall  , subject to the approval of the

 6     director, promulgate regulations under which there shall be orga-

 7     nized in each penal institution,  APPOINT a classification com-

 8    mittee from the staff of  such penal institution  EACH CORREC-

 9    TIONAL FACILITY, which committee shall perform  such services and

10     in such  SERVICES IN A manner as the assistant director in charge

11    of the bureau of  penal institutions shall require.  It shall be

12     the duty of each such  CORRECTIONAL FACILITIES REQUIRES.

13         (2) EACH classification committee  to  SHALL obtain and file

14    complete information with regard to each prisoner  sentenced

15     under an indeterminate sentence at the time such  WHEN THE pris-

16    oner is received in  any penal institution.  It shall be the duty

17     of the  A CORRECTIONAL FACILITY.  THE clerk of the court and  of 

18    all probation officers and other officials  to send such informa-

19     tion as may be  SHALL SEND INFORMATION in their possession or

20    under their control to each  such  classification committee when

21     and in such  REQUESTED TO DO SO, IN THE manner as they  may be 

22    ARE directed.  When all such existing available records have been

23    assembled, each  such  classification committee shall determine

24    whether any further investigation is necessary, and, if so,  it 

25    shall make  such  THAT investigation.  All such  THE information

26    shall be filed with the parole board so as to be readily

27    available when the parole of the prisoner is to be considered.



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 1         (3) THE LENGTH OF A PRISONER'S SENTENCE SHALL BE COMPUTED BY

 2    THE RECORD OFFICE OF THE CORRECTIONAL FACILITY, FOR USE BY THE

 3    CLASSIFICATION COMMITTEE, BASED UPON THE CERTIFIED COPY OF THE

 4    JUDGMENT OF SENTENCE DELIVERED WITH THE PRISONER.  IF THE JUDG-

 5    MENT OF SENTENCE DOES NOT SPECIFY WHETHER THE SENTENCE SHALL RUN

 6    CONSECUTIVELY TO OR CONCURRENTLY WITH ANY OTHER SENTENCE THAT THE

 7    PRISONER IS SERVING, THE SENTENCE SHALL BE COMPUTED AS IF IT IS

 8    TO BE SERVED CONCURRENTLY UNLESS THE CONVICTION IS FOR A VIOLA-

 9    TION OF SECTION 193, 195(2), 197(2), 227B, OR 349A OF THE

10    MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.193, 750.195, 750.197,

11    750.227B, AND 750.349A, IN WHICH CASE THE SENTENCE SHALL BE COM-

12    PUTED AS IF IT IS TO BE SERVED CONSECUTIVELY.

13         (4) IF A SENTENCE THAT DID NOT SPECIFY WHETHER IT WAS TO BE

14    SERVED CONCURRENTLY OR CONSECUTIVELY IS COMPUTED AS IF IT IS TO

15    BE SERVED CONSECUTIVELY UNDER SUBSECTION (3), THE DEPARTMENT

16    SHALL NOTIFY THE AFFECTED PRISONER OF THAT FACT NOT LATER THAN 3

17    DAYS AFTER THE SENTENCE IS COMPUTED.























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