April 14, 2005, Introduced by Reps. Sak, Plakas and Gaffney and referred to the Committee on Judiciary.
A bill to amend 1953 PA 232, entitled
"Corrections code of 1953,"
by amending section 42 (MCL 791.242) and by adding section 36b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 36b. (1) The parole board may include in an order of
parole for a prisoner described in subsection (2) a condition
prohibiting the parolee from doing either of the following:
(a) Residing in housing located within 1 mile of a school or a
child care center.
(b) Entering upon school property or child care center
property.
(2) This section applies to a prisoner serving a sentence for
a violation or attempted violation of any of the following:
(a) Section 158 of the Michigan penal code, 1931 PA 328, MCL
750.158 (sodomy), if the victim is less than 18 years of age.
(b) Section 335a of the Michigan penal code, 1931 PA 328, MCL
750.335a (indecent exposure), if the victim is less than 18 years
of age.
(c) Section 350 of the Michigan penal code, 1931 PA 328, MCL
750.350 (leading, taking, carrying away, decoying, or enticing away
child under 14 years of age).
(d) Section 520b of the Michigan penal code, 1931 PA 328, MCL
750.520b (first degree criminal sexual conduct), if the victim is
less than 18 years of age.
(e) Section 520c of the Michigan penal code, 1931 PA 328, MCL
750.520c (second degree criminal sexual conduct), if the victim is
less than 18 years of age.
(f) Section 520d of the Michigan penal code, 1931 PA 328, MCL
750.520d (third degree criminal sexual conduct), if the victim is
less than 18 years of age.
(g) Section 520g of the Michigan penal code, 1931 PA 328, MCL
750.520g (assault with intent to commit criminal sexual conduct),
if the victim is less than 18 years of age.
(h) A law of the United States, another state, or a political
subdivision of this state or another state substantially
corresponding to a violation described in subdivisions (a) to (g).
(3) As used in this section:
(a) "Child care center" means that term as defined in section
1 of 1973 PA 116, MCL 722.111.
(b) "School" means a public, private, denominational, or
parochial school offering developmental kindergarten, kindergarten,
or any grade from 1 through 12.
(c) "School property" means a building, playing field, or
property used for school purposes to impart instruction to children
or used for functions and events sponsored by a school, except a
building used primarily for adult education or college extension
courses.
Sec.
42. (1) When any a paroled prisoner has
faithfully
performed all of the conditions and obligations of his or her
parole
for the period of time fixed in such the order of parole,
and has obeyed all of the rules and regulations adopted by the
parole
board, he shall be deemed or
she is considered to have
served his or her full sentence, and the parole board shall enter a
final order of discharge and issue to the paroled prisoner a
certificate of discharge.
(2) No
A parole shall not
be granted for a period of less
than
2 years in all cases for
a prisoner convicted of murder,
actual
forcible rape, criminal sexual conduct in the first degree
involving force or coercion, robbery armed, kidnapping, extortion,
or
breaking and entering an occupied dwelling in the night time
home invasion except where the maximum time remaining to be served
on the sentence is less than 2 years.
(3) A parole shall not be granted for a period of less than 5
years for a prisoner convicted of a crime listed in section 36b.