September 27, 2005, Introduced by Reps. Kolb, Alma Smith and Gleason and referred to the Committee on Judiciary.
A bill to amend 1953 PA 232, entitled
"Corrections code of 1953,"
by amending section 35 (MCL 791.235), as amended by 1998 PA 315.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
35. (1) The Except as
otherwise provided in subsection
(12), the release of a prisoner on parole shall be granted solely
upon the initiative of the parole board. The parole board may grant
a
parole without interviewing the prisoner. However, beginning on
the
date on which the administrative rules prescribing parole
guidelines
pursuant to section 33e(5) take effect January 26,
1996, the parole board may grant a parole without interviewing the
prisoner only if, after evaluating the prisoner according to the
parole guidelines, the parole board determines that the prisoner
has a high probability of being paroled and the parole board
therefore intends to parole the prisoner. Except as provided in
subsection (2), a prisoner shall not be denied parole without an
interview before 1 member of the parole board. The interview shall
be conducted at least 1 month before the expiration of the
prisoner's minimum sentence less applicable good time and
disciplinary credits for a prisoner eligible for good time and
disciplinary credits, or at least 1 month before the expiration of
the prisoner's minimum sentence for a prisoner subject to
disciplinary time. The parole board shall consider any statement
made to the parole board by a crime victim under the crime victim's
rights act, 1985 PA 87, MCL 780.751 to 780.834, or under any other
provision of law. The parole board shall not consider any of the
following factors in making a parole determination:
(a) A juvenile record that a court has ordered the department
to expunge.
(b) Information that is determined by the parole board to be
inaccurate or irrelevant after a challenge and presentation of
relevant evidence by a prisoner who has received a notice of intent
to conduct an interview as provided in subsection (4). This
subdivision applies only to presentence investigation reports
prepared before April 1, 1983.
(2)
Beginning on the date on which the administrative rules
prescribing
the parole guidelines take effect pursuant to section
33e(5)
January 26, 1996, if, after
evaluating a prisoner according
to the parole guidelines, the parole board determines that the
prisoner has a low probability of being paroled and the parole
board therefore does not intend to parole the prisoner, the parole
board shall not be required to interview the prisoner before
denying parole to the prisoner.
(3) The parole board may consider but shall not base a
determination to deny parole solely on either of the following:
(a) A prisoner's marital history.
(b) Prior arrests not resulting in conviction or adjudication
of delinquency.
(4) If an interview is to be conducted, the prisoner shall be
sent a notice of intent to conduct an interview at least 1 month
before the date of the interview. The notice shall state the
specific issues and concerns that shall be discussed at the
interview and that may be a basis for a denial of parole. A denial
of parole shall not be based on reasons other than those stated in
the notice of intent to conduct an interview except for good cause
stated to the prisoner at or before the interview and in the
written
explanation required by subsection (12) (13). This
subsection does not apply until April 1, 1983.
(5) Except for good cause, the parole board member conducting
the interview shall not have cast a vote for or against the
prisoner's release before conducting the current interview. Before
the interview, the parole board member who is to conduct the
interview shall review pertinent information relative to the notice
of intent to conduct an interview.
(6) A prisoner may waive the right to an interview by 1 member
of the parole board. The waiver of the right to be interviewed
shall be given not more than 30 days after the notice of intent to
conduct an interview is issued and shall be made in writing. During
the interview held pursuant to a notice of intent to conduct an
interview, the prisoner may be represented by an individual of his
or her choice. The representative shall not be another prisoner or
an attorney. A prisoner is not entitled to appointed counsel at
public expense. The prisoner or representative may present relevant
evidence in support of release. This subsection does not apply
until April 1, 1983.
(7) At least 90 days before the expiration of the prisoner's
minimum sentence less applicable good time and disciplinary credits
for a prisoner eligible for good time or disciplinary credits, or
at least 90 days before the expiration of the prisoner's minimum
sentence for a prisoner subject to disciplinary time, or the
expiration of a 12-month continuance for any prisoner, a parole
eligibility report shall be prepared by appropriate institutional
staff. The parole eligibility report shall be considered pertinent
information for purposes of subsection (5). The report shall
include all of the following:
(a) A statement of all major misconduct charges of which the
prisoner was found guilty and the punishment served for the
misconduct.
(b) The prisoner's work and educational record while confined.
(c) The results of any physical, mental, or psychiatric
examinations of the prisoner that may have been performed.
(d) Whether the prisoner fully cooperated with the state by
providing complete financial information as required under section
3a of the state correctional facility reimbursement act, 1935 PA
253, MCL 800.403a.
(e) For a prisoner subject to disciplinary time, a statement
of all disciplinary time submitted for the parole board's
consideration pursuant to section 34 of 1893 PA 118, MCL 800.34.
(8) The preparer of the report shall not include a
recommendation as to release on parole.
(9) Psychological evaluations performed at the request of the
parole board to assist it in reaching a decision on the release of
a prisoner may be performed by the same person who provided the
prisoner with therapeutic treatment, unless a different person is
requested by the prisoner or parole board.
(10) The parole board may grant a medical parole for a
prisoner determined to be physically or mentally incapacitated. A
decision to grant a medical parole shall be initiated upon the
recommendation of the bureau of health care services and shall be
reached only after a review of the medical, institutional, and
criminal records of the prisoner.
(11) The department shall submit a petition to the appropriate
court under section 434 of the mental health code, 1974 PA 258, MCL
330.1434, for any prisoner being paroled or being released after
serving his or her maximum sentence whom the department considers
to be a person requiring treatment. The parole board shall require
mental health treatment as a special condition of parole for any
parolee whom the department has determined to be a person requiring
treatment whether or not the petition filed for that prisoner is
granted by the court. As used in this subsection, "person requiring
treatment" means that term as defined in section 401 of the mental
health code, 1974 PA 258, MCL 330.1401.
(12) Notwithstanding subsections (1) to (11), the parole board
shall release on parole any prisoner who has served his or her
minimum sentence less any applicable good time or disciplinary
credits or, in the case of a prisoner subject to disciplinary time,
has served his or her minimum sentence, if the prisoner has not
been found guilty of any major misconduct charges during his or her
term of incarceration and his or her release on parole would not
threaten the public safety.
(13) (12)
When the parole board makes a
final determination
not to release a prisoner, the prisoner shall be provided with a
written explanation of the reason for denial and, if appropriate,
specific recommendations for corrective action the prisoner may
take to facilitate release.
(14) (13)
This section does not apply to the
placement on
parole of a person in conjunction with special alternative
incarceration under section 34a(7).