PAROLEE IDENTIFICATION H.B. 6182 (S-1): FLOOR ANALYSIS
House Bill 6182 (Substitute S-1 as reported)
Sponsor: Representative David Law
House Committee: Local Government and Urban Policy
Senate Committee: Judiciary
CONTENT
The bill would amend the Code of Criminal Procedure to require the use of the Law Enforcement Information Network (LEIN) before an arrest warrant was issued in order to determine whether the person was a parolee.
Specifically, before a warrant was issued for the arrest of a person who was not in custody, the law enforcement agency investigating the crime would have to use LEIN to determine whether the person was a parolee under the jurisdiction of the Department of Corrections (DOC). If the person were determined to be a parolee and the magistrate issued a warrant for his or her arrest, the investigating law enforcement agency (or the court if it were entering arrest warrants into LEIN and the agency informed the court that the person was a parolee) would have to give notice promptly to the DOC. The notice would have to include information described in the bill.
If the court had assumed the responsibility for entering arrest warrants into LEIN and had delayed issuance or entry of a warrant pending a court appearance by the person named in the warrant, the law enforcement agency submitting the sworn complaint to the court would have to give prompt notice to the DOC, by telephone or electronic means. The notice would have to include information specified in the bill.
The requirement to notify the DOC would be met if the notice were transmitted to any of the following:
-- The DOC by a central toll-free telephone number, designated by the Department for that purpose, that was in operation 24 hours a day and was posted in the DOC's database of information concerning the status of parolees.
-- A parole agent serving the county where the warrant was issued or was being sought.
-- The supervisor of the parole office serving the county where the warrant was issued or was being sought.
Proposed MCL 760.1g Legislative Analyst: Patrick Affholter
FISCAL IMPACT
The bill would put into statute a practice that already is considered a standard procedure by most, if not all, law enforcement agencies.
Date Completed: 12-6-06 Fiscal Analyst: Bruce Baker
Stephanie Yu
Analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. hb6182/0506