May 25, 2004, Introduced by Reps. Hoogendyk, Milosch, Wenke, DeRossett, Huizenga, Sheen, Ehardt, Wojno, O'Neil, Lipsey, Reeves, Gieleghem and LaSata and referred to the Committee on Criminal Justice.
A bill to amend 1953 PA 232, entitled
"Corrections code of 1953,"
by amending sections 35 and 37 (MCL 791.235 and 791.237), section
35 as amended by 1998 PA 315 and section 37 as amended by 1994 PA
217, and by adding section 34b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 34b. (1) Every prisoner shall make all reasonable
2 efforts, while incarcerated, to obtain any 2 of the
3 identification documents that, in combination with the prisoner
4 identification card issued under section 37(4), would satisfy the
5 application requirements for obtaining a state personal
6 identification card or operator's license as established by the
7 secretary of state under section 307 of the Michigan vehicle
8 code, 1949 PA 300, MCL 257.307, or section 1 of 1972 PA 222, MCL
9 28.291. A prisoner's cooperation under this subsection is a
1 factor that is to be considered as part of the prisoner's parole
2 eligibility report, as provided in section 35(7)(e). This
3 subsection applies to any prisoner who begins serving a sentence
4 under the jurisdiction of the department after the effective date
5 of this section and also applies, beginning January 1, 2005, to
6 any prisoner who is serving a sentence of imprisonment on the
7 effective date of this section.
8 (2) Each prisoner shall be given a form listing the personal
9 identification documents referenced in subsection (1). The form
10 shall include a statement that the department will assist the
11 prisoner in obtaining the required documents. The form shall
12 also include any other information the department determines is
13 necessary. For a prisoner who begins serving a sentence under
14 the jurisdiction of the department after the effective date of
15 this section, the department shall provide the form not later
16 than 10 days after the prisoner arrives at a reception center
17 under section 67(1). For any prisoner who is serving a sentence
18 under the jurisdiction of the department on the effective date of
19 this section, the department shall provide the form not later
20 than October 1, 2004.
21 (3) The director of the department may waive the requirements
22 of subsection (1) for any prisoner who, for any reason that is
23 not the fault of the prisoner, is unable to comply with
24 subsection (1).
25 (4) The department shall assist each prisoner in obtaining
26 the documents referenced in subsection (1). A prisoner may
27 expend money from his or her institutional account to defray any
1 expenses incurred in obtaining the documents. Upon release on
2 parole or release without parole, the department shall provide
3 the documents obtained to the prisoner.
4 (5) The department shall allow the secretary of state to have
5 electronic access to prisoner biography information for the
6 purpose of verifying the identity of prisoners who apply for
7 driver licenses or state personal identification cards.
8 (6) The reentry success fund is created within the state
9 treasury. The state treasurer may receive money or other assets
10 from any source for deposit into the fund. The state treasurer
11 shall direct the investment of the fund. The state treasurer
12 shall credit to the fund interest and earnings from fund
13 investments. Money in the fund at the close of the fiscal year
14 shall remain in the fund and shall not lapse to the general
15 fund.
16 (7) The department of corrections shall expend money from the
17 reentry success fund, upon appropriation, only for the expense of
18 obtaining the documents referenced in subsection (1) for
19 prisoners who are indigent.
20 Sec. 35. (1) The release of a prisoner on parole shall be
21 granted solely upon the initiative of the parole board. The
22 parole board may grant a parole without interviewing the
23 prisoner. However, beginning
on the date on which the
24 administrative rules
prescribing parole guidelines pursuant to
25 section 33e(5) take
effect January 26, 1996, the
parole board
26 may grant a parole without interviewing the prisoner only if,
27 after evaluating the prisoner according to the parole guidelines,
1 the parole board determines that the prisoner has a high
2 probability of being paroled and the parole board therefore
3 intends to parole the prisoner. Except as provided in
4 subsection (2), a prisoner shall not be denied parole without an
5 interview before 1 member of the parole board. The interview
6 shall be conducted at least 1 month before the expiration of the
7 prisoner's minimum sentence less applicable good time and
8 disciplinary credits for a prisoner eligible for good time and
9 disciplinary credits, or at least 1 month before the expiration
10 of the prisoner's minimum sentence for a prisoner subject to
11 disciplinary time. The parole board shall consider any statement
12 made to the parole board by a crime victim under the crime
13 victim's rights act, 1985 PA 87, MCL 780.751 to 780.834, or under
14 any other provision of law. The parole board shall not consider
15 any of the following factors in making a parole determination:
16 (a) A juvenile record that a court has ordered the department
17 to expunge.
18 (b) Information that is determined by the parole board to be
19 inaccurate or irrelevant after a challenge and presentation of
20 relevant evidence by a prisoner who has received a notice of
21 intent to conduct an interview as provided in subsection (4).
22 This subdivision applies only to presentence investigation
23 reports prepared before April 1, 1983.
24 (2) Beginning on
the date on which the administrative rules
25 prescribing the parole
guidelines take effect pursuant to
26 section 33e(5) January 26, 1996, if, after evaluating a
prisoner
27 according to the parole guidelines, the parole board determines
1 that the prisoner has a low probability of being paroled and the
2 parole board therefore does not intend to parole the prisoner,
3 the parole board shall
is not be required to interview the
4 prisoner before denying parole to the prisoner.
5 (3) The parole board may consider but shall not base a
6 determination to deny parole solely on either of the following:
7 (a) A prisoner's marital history.
8 (b) Prior arrests not resulting in conviction or adjudication
9 of delinquency.
10 (4) If an interview is to be conducted, the prisoner shall be
11 sent a notice of intent to conduct an interview at least 1 month
12 before the date of the interview. The notice shall state the
13 specific issues and concerns that shall be discussed at the
14 interview and that may be a basis for a denial of parole. A
15 denial of parole shall not be based on reasons other than those
16 stated in the notice of intent to conduct an interview except for
17 good cause stated to the prisoner at or before the interview and
18 in the written explanation required by subsection (12). This
19 subsection does not apply until April 1, 1983.
20 (5) Except for good cause, the parole board member conducting
21 the interview shall not have cast a vote for or against the
22 prisoner's release before conducting the current interview.
23 Before the interview, the parole board member who is to conduct
24 the interview shall review pertinent information relative to the
25 notice of intent to conduct an interview.
26 (6) A prisoner may waive the right to an interview by 1
27 member of the parole board. The waiver of the right to be
1 interviewed shall be given not more than 30 days after the notice
2 of intent to conduct an interview is issued and shall be made in
3 writing. During the interview held pursuant to a notice of
4 intent to conduct an interview, the prisoner may be represented
5 by an individual of his or her choice. The representative shall
6 not be another prisoner or an attorney. A prisoner is not
7 entitled to appointed counsel at public expense. The prisoner or
8 representative may present relevant evidence in support of
9 release. This subsection does not apply until April 1, 1983.
10 (7) At least 90 days before the expiration of the prisoner's
11 minimum sentence less applicable good time and disciplinary
12 credits for a prisoner eligible for good time or disciplinary
13 credits, or at least 90 days before the expiration of the
14 prisoner's minimum sentence for a prisoner subject to
15 disciplinary time, or the expiration of a 12-month continuance
16 for any prisoner, a parole eligibility report shall be prepared
17 by appropriate institutional staff. The parole eligibility
18 report shall be considered pertinent information for purposes of
19 subsection (5). The report shall include all of the following:
20 (a) A statement of all major misconduct charges of which the
21 prisoner was found guilty and the punishment served for the
22 misconduct.
23 (b) The prisoner's work and educational record while
24 confined.
25 (c) The results of any physical, mental, or psychiatric
26 examinations of the prisoner that may have been performed.
27 (d) Whether the prisoner fully cooperated with the state by
1 providing complete financial information as required under
2 section 3a of the state correctional facility reimbursement act,
3 1935 PA 253, MCL 800.403a.
4 (e) Whether the prisoner complied with the requirements of
5 section 34b for obtaining identification documents.
6 (f) (e) For
a prisoner subject to disciplinary time, a
7 statement of all disciplinary time submitted for the parole
8 board's consideration pursuant to section 34 of 1893 PA 118,
9 MCL 800.34.
10 (8) The preparer of the report shall not include a
11 recommendation as to release on parole.
12 (9) Psychological evaluations performed at the request of the
13 parole board to assist it in reaching a decision on the release
14 of a prisoner may be performed by the same person who provided
15 the prisoner with therapeutic treatment, unless a different
16 person is requested by the prisoner or parole board.
17 (10) The parole board may grant a medical parole for a
18 prisoner determined to be physically or mentally incapacitated.
19 A decision to grant a medical parole shall be initiated upon the
20 recommendation of the bureau of health care services and shall be
21 reached only after a review of the medical, institutional, and
22 criminal records of the prisoner.
23 (11) The department shall submit a petition to the
24 appropriate court under section 434 of the mental health code,
25 1974 PA 258, MCL 330.1434, for any prisoner being paroled or
26 being released after serving his or her maximum sentence whom the
27 department considers to be a person requiring treatment. The
1 parole board shall require mental health treatment as a special
2 condition of parole for any parolee whom the department has
3 determined to be a person requiring treatment whether or not the
4 petition filed for that prisoner is granted by the court. As
5 used in this subsection, "person requiring treatment" means that
6 term as defined in section 401 of the mental health code, 1974
7 PA 258, MCL 330.1401.
8 (12) When the parole board makes a final determination not to
9 release a prisoner, the prisoner shall be provided with a written
10 explanation of the reason for denial and, if appropriate,
11 specific recommendations for corrective action the prisoner may
12 take to facilitate release.
13 (13) This section does not apply to the placement on parole
14 of a person in conjunction with special alternative incarceration
15 under section 34a(7).
16 Sec. 37. (1) When a prisoner is released upon parole, the
17 department shall provide the prisoner with clothing and a
18 nontransferable ticket to the place in which the paroled prisoner
19 is to reside. At the discretion of the deputy director in charge
20 of the bureau of field
services operations administration,
21 the paroled prisoner may be advanced the expense of the
22 transportation to the place of residence and a sum of money
23 necessary for reasonable maintenance and subsistence for a 2-week
24 period, as determined by the deputy director. A sum of money
25 given under this section shall be repaid to the state by the
26 paroled prisoner within 180 days after the money is received by
27 the paroled prisoner.
1 (2) If a prisoner who is discharged without being paroled has
2 less than $75.00 in his or her immediate possession, has no
3 visible means of support, and has conserved personal funds in a
4 reasonable manner, the department shall furnish to that prisoner
5 all of the following:
6 (a) Clothing that is appropriate for the season.
7 (b) A sum of $75.00 including that amount already in the
8 prisoner's possession.
9 (c) Transportation to a place in this state where the
10 prisoner will reside or work or to the place where the prisoner
11 was convicted or sentenced.
12 (3) When providing for transportation, the department shall
13 do all of the following:
14 (a) Use the most economical available public transportation.
15 (b) Arrange for and purchase the prisoner's transportation
16 ticket.
17 (c) Assume responsibility for delivering that prisoner to the
18 site of departure and confirming the prisoner's departure from
19 the site.
20 (4) The department shall provide an identification card to
21 each prisoner when he or she is released on parole or is released
22 upon completion of his or her maximum sentence. The
23 identification card shall include all of the following:
24 (a) The prisoner's photograph, taken not earlier than 6
25 months before the prisoner's date of release.
26 (b) The prisoner's legal name.
27 (c) The prisoner's place and date of birth.
1 (d) The date on which the prisoner began his or her term of
2 incarceration at a state correctional facility.
3 (e) A statement as to whether the prisoner was placed on
4 parole.
5 (f) A list of the prisoner's known aliases and former legal
6 names, if any.
7 (5) (4) The
cost of implementing this section shall be paid
8 out of the general fund of the state.
9 Enacting section 1. This amendatory act does not take
10 effect unless all of the following bills of the 92nd Legislature
11 are enacted into law:
12 (a) Senate Bill No. ________ or House Bill No. 5934
13 (request no. 04594'03).
14 (b) Senate Bill No. ________ or House Bill No. 5935
15 (request no. 04596'03).
16 (c) Senate Bill No. ________ or House Bill No. 5936
17 (request no. 04597'03).
18 (d) Senate Bill No. ________ or House Bill No. 5937
19 (request no. 04630'03).