HOUSE BILL No. 5130

 

September 7, 2005, Introduced by Rep. Cushingberry and referred to the Committee on Judiciary.

 

     A bill to amend 1893 PA 118, entitled

 

"An act to revise and consolidate the laws relative to state

prisons, to state houses of correction, and branches of state

prisons and reformatories, and the government and discipline

thereof and to repeal all acts inconsistent therewith,"

 

by amending section 33 (MCL 800.33), as amended by 1999 PA 148; and

 

to repeal acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 33. (1) A record of all major misconduct charges for

 

which a prisoner has been found guilty shall be maintained and

 

given to the parole board as part of the parole eligibility report

 

prepared for each prisoner pursuant to section 35 of the

 

corrections code of 1953, 1953 PA 232, MCL 791.235.

 

     (2) Except as otherwise provided in this section, a prisoner  

 

who is serving a sentence for a crime committed before April 1,

 

1987, and  who has not been found guilty of a major misconduct or


 

had a violation of the laws of this state recorded against him or

 

her shall receive a reduction from his or her sentence as follows:

 

     (a) During the first and second years of his or her sentence,

 

5 days for each month.

 

     (b) During the third and fourth years, 6 days for each month.

 

     (c) During the fifth and sixth years, 7 days for each month.

 

     (d) During the seventh, eighth, and ninth years, 9 days for

 

each month.

 

     (e) During the tenth, eleventh, twelfth, thirteenth, and

 

fourteenth years, 10 days for each month.

 

     (f) During the fifteenth, sixteenth, seventeenth, eighteenth,

 

and nineteenth years, 12 days for each month.

 

     (g) From and including the twentieth year, up to and including

 

the period fixed for the expiration of the sentence, 15 days for

 

each month.

 

     (3)  Except as provided in section 34, all prisoners serving a

 

sentence for a crime that was committed on or after April 1, 1987

 

are eligible to earn disciplinary and special disciplinary credits

 

as provided in subsection (5). Disciplinary credits shall be

 

earned, forfeited, and restored as provided in this section.  

 

Accumulated  disciplinary credits  good time received under

 

subsection (2) shall be deducted from a prisoner's minimum and

 

maximum sentence in order to determine his or her parole

 

eligibility date and discharge date.

 

     (4) This section shall not be construed to allow good time  ,

 

disciplinary credits, or special disciplinary credits  in cases of

 

commuted sentences unless so stipulated in the executive order


 

commuting the sentence.

 

     (5) Except as provided in section 34, all prisoners serving a

 

sentence on December 30, 1982, or incarcerated after December 30,

 

1982, for the conviction of a crime enumerated in section 33b(a) to

 

(cc) of 1953 PA 232, MCL 791.233b, are eligible to earn a

 

disciplinary credit of 5 days per month for each month served after

 

December 30, 1982. Accumulated disciplinary credits shall be

 

deducted from a prisoner's minimum and maximum sentence in order to

 

determine his or her parole eligibility dates.

 

     A prisoner shall not earn disciplinary credits under this

 

subsection during any month in which the prisoner is found guilty

 

of having committed a major misconduct. The amount of disciplinary

 

credits not earned as a result of being found guilty of a major

 

misconduct shall be limited to the disciplinary credits that would

 

have been earned for the month in which the major misconduct

 

occurred. Any disciplinary credits not earned as a result of the

 

prisoner being found guilty of a major misconduct shall never be

 

earned or restored. The warden may order that a prisoner found

 

guilty of a major misconduct, including but not limited to charges

 

of rioting, inciting to riot, escape, homicide, or assault and

 

battery, forfeit all or a portion of the disciplinary credits

 

accumulated prior to the month in which the misconduct occurred. An

 

order forfeiting accumulated disciplinary credits shall be based

 

upon a review of the prisoner's institutional record.

 

     The disciplinary credit committee, which is comprised of the

 

prisoner's resident unit manager, custody officers in the resident

 

unit with direct supervisory responsibilities over the prisoner,


 

and the appropriate work or school assignment supervisor, shall be

 

a part of the reclassification process and shall review, at least

 

annually, the status of each prisoner in the housing unit who has

 

forfeited disciplinary credits. The committee may recommend to the

 

warden whether any forfeited disciplinary credits should be

 

restored to the prisoner.

 

     In addition to disciplinary credits, a prisoner eligible for

 

disciplinary credits under this subsection may be awarded 2 days

 

per month special disciplinary credits for good institutional

 

conduct on the recommendation of the disciplinary credit committee

 

and the concurrence of the warden based on an annual review of the

 

prisoner's institutional record. Special disciplinary credits shall

 

not be awarded for any month in which a prisoner has been found

 

guilty of a major misconduct.

 

     The department of corrections shall promulgate rules pursuant

 

to the administrative procedures act of 1969, 1969 PA 306, MCL

 

24.201 to 24.328, necessary to implement this subsection not more

 

than 180 days after December 30, 1982.

 

     (5)  (6) On and after April 1, 1987, a  A prisoner shall not

 

earn good time under this section during any month in which the

 

prisoner is found guilty of having committed a major misconduct.

 

The amount of good time not earned as a result of being found

 

guilty of a major misconduct shall be limited to the amount of good

 

time that would have been earned during the month in which the

 

major misconduct occurred. Any good time not earned as a result of

 

the prisoner being found guilty of a major misconduct shall never

 

be earned or restored.


 

     (6)  (7)  The department of corrections shall promulgate rules

 

pursuant to the administrative procedures act of 1969, 1969 PA 306,

 

MCL 24.201 to 24.328, prescribing how much of his or her

 

accumulated good time or accumulated disciplinary credits the

 

prisoner may forfeit if found guilty of 1 or more major

 

misconducts.

 

     (7)  (8)  The warden may order that a prisoner found guilty of

 

a major misconduct forfeit all or a portion of the good time

 

accumulated prior to the month in which the misconduct occurred.

 

     (8)  (9)  The good time committee, which is comprised of the

 

prisoner's resident unit manager, custody officer in the resident

 

unit with direct supervisory responsibility over the prisoner, and

 

the appropriate work or school assignment supervisor, shall be part

 

of the reclassification process. The good time committee shall

 

recommend to the warden the amount of special good time to be

 

awarded and the restoration of any accumulated good time that has

 

been forfeited.

 

     (9)  (10)  The warden, as a reward for good conduct, may

 

restore to a prisoner the whole or any portion of the good time or

 

disciplinary credits forfeited because of a finding of guilty for a

 

major misconduct. However, forfeited good time or disciplinary

 

credits shall not be restored without the recommendation of the

 

disciplinary credit committee or good time committee and the prior

 

written approval of the deputy director in charge of the bureau of

 

correctional facilities or the deputy director in charge of the

 

bureau of field services. Disciplinary credits or good time

 

allowances that have not been earned because of institutional


 

misconduct shall not be restored.

 

     (10)  (11)  A prisoner who has been sentenced concurrently for

 

separate convictions shall have his or her good time or

 

disciplinary credits computed on the basis of the longest of the

 

concurrent sentences. If a prisoner is serving consecutive

 

sentences for separate convictions, his or her good time  or

 

disciplinary credits  shall be computed and accumulated on each

 

sentence individually and all good time  or disciplinary credits  

 

that  have  has been earned on any of the sentences shall be

 

subject to forfeiture pursuant to  subsections (5) and (8)  

 

subsection (7).

 

     (11)  (12)  The warden of an institution may grant special

 

good time allowances.  to eligible prisoners who are convicted of a

 

crime that is committed before April 1, 1987.  Special good time

 

credit shall not exceed 50% of the good time allowances under the

 

schedule in subsection (2). Special good time shall be awarded for

 

good conduct only and shall not be awarded for any month in which a

 

prisoner has been found guilty of a major misconduct.

 

     (12)  (13)  The parole board shall be exclusively empowered to

 

cause the forfeiture of good time  or disciplinary credits  earned

 

by a prisoner at the time of a parole violation.

 

     (14) A prisoner subject to disciplinary time is not eligible

 

for good time, special good time, disciplinary credits, or special

 

disciplinary credits.

 

     (13)  (15)  The court may order the reduction or forfeiture of  

 

1 or more of the following  good time credits pursuant to section

 

5513 of the revised judicature act of 1961, 1961 PA 236, MCL


 

600.5513.  :

 

     (a) Good time.

 

     (b) Disciplinary.

 

     (c) Special disciplinary.

 

     (14) The department shall recalculate the parole eligibility

 

date and discharge date for each prisoner serving a sentence on the

 

effective date of the 2005 amendatory act that amended this section

 

who becomes eligible for good time credits under subsection (2) as

 

a result of the 2005 amendatory act that amended this section.

 

     Enacting section 1.  Sections 34 and 35 of 1893 PA 218, MCL

 

800.34 and 800.35, are repealed.

 

     Enacting section 2.  This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 5129(request no.

 

03404'05) of the 93rd Legislature is enacted into law.