SB-1196, As Passed Senate, June 29, 2006

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 1196

     A bill to amend 1953 PA 232, entitled

"Corrections code of 1953,"

by amending section 40a (MCL 791.240a), as amended by 1993 PA 346.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 40a. (1) Within 45 days after a paroled prisoner has been

returned or is available for return to a state correctional

facility under accusation of a parole violation other than

conviction for a felony or misdemeanor punishable by imprisonment

under the laws of this state, the United States, or any other state

or territory of the United States, the prisoner is entitled to a

fact-finding hearing on the charges before 1 member of the parole

board or an attorney hearings officer designated by the chairperson

of the parole board. The fact-finding hearing shall be conducted

only after the accused parolee has had a reasonable amount of time

to prepare a defense. The fact-finding hearing may be held at a

state correctional facility or at or near the location of the

alleged violation.

     (2) An accused parolee shall be given written notice of the

charges against him or her and the time, place, and purpose of the

fact-finding hearing. At the fact-finding hearing, the accused

parolee may be represented by an appointed or retained attorney and

is entitled to all of the following rights:

     (a) Full disclosure of the evidence against him or her.

     (b) To testify and present relevant witnesses and documentary

evidence.

     (c) To confront and cross-examine adverse witnesses unless the

person conducting the fact-finding hearing finds on the record that

a witness is subject to risk of harm if his or her identity is

revealed.

     (d) To present other relevant evidence in mitigation of the

charges.

     (3) A fact-finding hearing may be postponed for cause beyond

the 45-day time limit on the written request of the parolee, the

parolee's attorney, or, if a postponement of the preliminary

hearing has been granted beyond the 10-day time limit, by the

parole board.

     (4) The director or a deputy director designated by the

director shall be notified in writing if the fact-finding hearing

is not conducted within the 45-day time limit, and the hearing

shall be conducted as soon as possible. A parolee held in custody

shall not be released pending disposition of the hearing.

(5)  (4) If the evidence presented is insufficient to support

the allegation that a parole violation occurred, the parolee shall

be reinstated to parole status.

(6)  (5) If the parole board member or hearings officer

conducting the fact-finding hearing determines from a preponderance

of the evidence that a parole violation has occurred, the member or

hearings officer shall present the relevant facts to the parole

board and make a recommendation as to the disposition of the

charges.

(7)  (6) If a preponderance of the evidence supports the

allegation that a parole violation occurred, the parole board may

revoke parole, and the parolee shall be provided with a written

statement of the findings of fact and the reasons for the

determination within 60 days after the paroled prisoner has been

returned or is available for return to a state correctional

facility.

(8)  (7) A parolee who is ordered to make restitution under

the William Van Regenmorter crime victim's rights act,  Act No. 87

of the Public Acts of 1985, being sections 780.751 to 780.834 of

the Michigan Compiled Laws  1985 PA 87, MCL 780.751 to 780.834, or

the code of criminal procedure,  Act No. 175 of the Public Acts of

1927, being sections 760.1 to 776.21 of the Michigan Compiled Laws

1927 PA 175, MCL 760.1 to 777.69, or to pay an assessment ordered

under section 5 of  Act No. 196 of the Public Acts of 1989, being

section 780.905 of the Michigan Compiled Laws  1989 PA 196, MCL

780.905, as a condition of parole may have his or her parole

revoked by the parole board if the parolee fails to comply with the

order and if the parolee has not made a good faith effort to comply

with the order. In determining whether to revoke parole, the parole

board shall consider the parolee's employment status, earning

ability, and financial resources, the willfulness of the parolee's

failure to comply with the order, and any other special

circumstances that may have a bearing on the parolee's ability to

comply with the order.

     Enacting section 1.  This amendatory act does not take effect

unless House Bill No. 5967 of the 93rd Legislature is enacted into

law.