February 8, 2006, Introduced by Reps. McConico, Vagnozzi, Leland, Condino, Tobocman, Virgil Smith, Lipsey, Drolet, Adamini, Cushingberry and Lemmons, III and referred to the Committee on Judiciary.
A bill to amend 1953 PA 232, entitled
"Corrections code of 1953,"
by amending section 34 (MCL 791.234), as amended by 2004 PA 218.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 34. (1) Except as provided in section 34a, a prisoner
sentenced to an indeterminate sentence and confined in a state
correctional facility with a minimum in terms of years other than a
prisoner subject to disciplinary time is subject to the
jurisdiction of the parole board when the prisoner has served a
period of time equal to the minimum sentence imposed by the court
for the crime of which he or she was convicted, less good time and
disciplinary credits, if applicable.
(2) Except as provided in section 34a, a prisoner subject to
disciplinary time sentenced to an indeterminate sentence and
confined in a state correctional facility with a minimum in terms
of years is subject to the jurisdiction of the parole board when
the prisoner has served a period of time equal to the minimum
sentence imposed by the court for the crime of which he or she was
convicted.
(3)
If Except as provided in
subsection (17), if a prisoner
other than a prisoner subject to disciplinary time is sentenced for
consecutive terms, whether received at the same time or at any time
during the life of the original sentence, the parole board has
jurisdiction over the prisoner for purposes of parole when the
prisoner has served the total time of the added minimum terms, less
the good time and disciplinary credits allowed by statute. The
maximum terms of the sentences shall be added to compute the new
maximum term under this subsection, and discharge shall be issued
only after the total of the maximum sentences has been served less
good time and disciplinary credits, unless the prisoner is paroled
and discharged upon satisfactory completion of the parole.
(4) If
Except as provided in
subsection (17), if a prisoner
subject to disciplinary time is sentenced for consecutive terms,
whether received at the same time or at any time during the life of
the original sentence, the parole board has jurisdiction over the
prisoner for purposes of parole when the prisoner has served the
total time of the added minimum terms. The maximum terms of the
sentences shall be added to compute the new maximum term under this
subsection, and discharge shall be issued only after the total of
the maximum sentences has been served, unless the prisoner is
paroled and discharged upon satisfactory completion of the parole.
(5) If a prisoner other than a prisoner subject to
disciplinary time has 1 or more consecutive terms remaining to
serve in addition to the term he or she is serving, the parole
board may terminate the sentence the prisoner is presently serving
at any time after the minimum term of the sentence has been served.
(6)
A prisoner under sentence sentenced to imprisonment for
life ,
other than a prisoner sentenced for life for murder in the
first
degree or sentenced for life for a violation of section 16(5)
or
18(7) or chapter XXXIII of the Michigan penal code, 1931 PA 328,
MCL
750.16, 750.18, and 750.200 to 750.212a, or section 17764(7) of
the
public health code, 1978 PA 368, MCL 333.17764, who without
the possibility of parole for any of the following offenses is not
eligible for parole and is instead subject to the provisions of
section 44:
(a) First degree murder in violation of section 316 of the
Michigan penal code, 1931 PA 328, MCL 750.316.
(b) A violation of section 16(5) or 18(7) of the Michigan
penal code, 1931 PA 328, MCL 750.16 and 750.18.
(c) A violation of chapter XXXIII of the Michigan penal code,
1931 PA 328, MCL 750.200 to 750.212A.
(7) A prisoner sentenced to imprisonment for life, other than
a prisoner described in subsection (6), is subject to the
jurisdiction of the parole board and may be placed on parole
according to the conditions prescribed in subsection (8) if he or
she meets any of the following criteria:
(a) Except as provided in subdivision (b), (c), or (d), the
prisoner
has served 10 calendar years of the
sentence in the case
of
a prisoner sentenced for a crime committed before October 1,
1992 ,
or , except 15 calendar years of the sentence for a
crime committed on or after October 1, 1992.
(b) Except as provided in subsection
(10) (12), who the
prisoner
has served 20 calendar years of the
a sentence
in the
case
of a prisoner sentenced to imprisonment for life for
violating or conspiring to violate section 7401(2)(a)(i) of the
public
health code, 1978 PA 368, MCL 333.7401,
who and has
another
conviction for a serious crime. , or, except
(c) Except as provided in subsection
(10) (12), who the
prisoner
has served 17-1/2 calendar years of the
sentence in the
case
of a prisoner sentenced to imprisonment for life for
violating or conspiring to violate section 7401(2)(a)(i) of the
public
health code, 1978 PA 368, MCL 333.7401,
who and does
not
have another
conviction for a serious crime. , or who has served
15
calendar years of the sentence in the case of a prisoner
sentenced
for a crime committed on or after October 1, 1992, is
subject
to the jurisdiction of the parole board and may be released
on
parole by the parole board,
(d) The prisoner has served 15 years of a life sentence
imposed under former section 7413 of the public health code, 1978
PA 368, for violating or conspiring to violate section
7401(2)(a)(ii) or (iii) or 7403(2)(a)(ii) or (iii) of the public health
code, 1978 PA 368, MCL 333.7401 and 333.7403, regardless of when
the crime was committed.
(8) A parole granted to a prisoner under subsection (7) is
subject to the following conditions:
(a) At the conclusion of 10 calendar years of the prisoner's
sentence and at the conclusion of 15 calendar years of the
prisoner's
sentence, and every 2-1/2 calendar years thereafter
as
determined
by the parole board until the prisoner is paroled,
discharged, or deceased, and in accordance with the procedures
described
in subsection (7) (9), 1
member of the parole board
shall interview the prisoner. The interview schedule prescribed in
this
subdivision applies to all prisoners to whom this subsection
is
applicable (7) applies, regardless of the date on which they
were sentenced.
(b)
In addition to the interview schedule prescribed in
subdivision
(a), the parole board shall review the prisoner's file
at
the conclusion of 15 calendar years of the prisoner's sentence
and
every 5 years thereafter until the prisoner is paroled,
discharged,
or deceased. A prisoner whose file is to be reviewed
under
this subdivision shall be notified of the upcoming file
review
at least 30 days before the file review takes place and
shall
be allowed to submit written statements or documentary
evidence
for the parole board's consideration in conducting the
file
review.
(b) (c)
A decision to grant or deny parole to a the
prisoner so
sentenced shall not be made until after a public
hearing held in the manner prescribed for pardons and commutations
in sections 44 and 45. Notice of the public hearing shall be given
to the sentencing judge, or the judge's successor in office, and
parole shall not be granted if the sentencing judge, or the judge's
successor in office, files written objections to the granting of
the parole within 30 days of receipt of the notice of hearing. The
written objections shall be made part of the prisoner's file.
(c) (d)
A parole granted under this subsection
(7) shall
be for a period of not less than 4 years and is subject to the
usual rules pertaining to paroles granted by the parole board. A
parole ordered
granted under
this subsection
(7) is not valid
until the transcript of the record is filed with the attorney
general whose certification of receipt of the transcript shall be
returnable to the office of the parole board within 5 days. Except
for medical records protected under section 2157 of the revised
judicature act of 1961, 1961 PA 236, MCL 600.2157, the file of a
prisoner
granted a parole under this subsection (7)
is a public
record.
(e)
A parole shall not be granted under this subsection in the
case
of a prisoner who is otherwise prohibited by law from parole
consideration.
In such cases the interview procedures in section 44
shall
be followed.
(9) (7)
An interview conducted under
subsection (6)(a)
(8)(a) is subject to both of the following requirements:
(a) The prisoner shall be given written notice, not less than
30 days before the interview date, stating that the interview will
be conducted.
(b) The prisoner may be represented at the interview by an
individual of his or her choice. The representative shall not be
another prisoner. A prisoner is not entitled to appointed counsel
at public expense. The prisoner or representative may present
relevant
evidence in favor of holding a the
public hearing as
described
in required by subsection
(6)(b) (8)(b).
(10) (8)
In determining whether a prisoner convicted of
violating or conspiring to violate section 7401(2)(a)(i) of the
public health code, 1978 PA 368, MCL 333.7401, and sentenced to
imprisonment for life before October 1, 1998 is to be released on
parole, the parole board shall consider all of the following:
(a) Whether the violation was part of a continuing series of
violations of section 7401 or 7403 of the public health code, 1978
PA 368, MCL 333.7401 and 333.7403, by that individual.
(b) Whether the violation was committed by the individual in
concert with 5 or more other individuals.
(c) Any of the following:
(i) Whether the individual was a principal administrator,
organizer, or leader of an entity that the individual knew or had
reason to know was organized, in whole or in part, to commit
violations of section 7401 or 7403 of the public health code, 1978
PA 368, MCL 333.7401 and 333.7403, and whether the violation for
which the individual was convicted was committed to further the
interests of that entity.
(ii) Whether the individual was a principal administrator,
organizer, or leader of an entity that the individual knew or had
reason to know committed violations of section 7401 or 7403 of the
public health code, 1978 PA 368, MCL 333.7401 and 333.7403, and
whether the violation for which the individual was convicted was
committed to further the interests of that entity.
(iii) Whether the violation was committed in a drug-free school
zone.
(iv) Whether the violation involved the delivery of a
controlled substance to an individual less than 17 years of age or
possession with intent to deliver a controlled substance to an
individual less than 17 years of age.
(11) (9)
Except as provided in section 34a,
a prisoner's
release on parole is discretionary with the parole board. The
action of the parole board in granting a parole is appealable by
the prosecutor of the county from which the prisoner was committed
or the victim of the crime for which the prisoner was convicted.
The appeal shall be to the circuit court in the county from which
the prisoner was committed, by leave of the court.
(12) (10)
If the sentencing judge, or his or
her successor
in office, determines on the record that a prisoner described in
subsection (6)
(7)(b) or (c) sentenced to imprisonment for life
for violating or conspiring to violate section 7401(2)(a)(i) of the
public health code, 1978 PA 368, MCL 333.7401, has cooperated with
law enforcement, the prisoner is subject to the jurisdiction of the
parole board and may be released on parole as provided in
subsection
(6), (7)(b) or (c) 2-1/2 years earlier than the time
otherwise
indicated in subsection (6) (7)(b)
or (c). The prisoner
is considered to have cooperated with law enforcement if the court
determines on the record that the prisoner had no relevant or
useful information to provide. The court shall not make a
determination that the prisoner failed or refused to cooperate with
law enforcement on grounds that the defendant exercised his or her
constitutional right to trial by jury. If the court determines at
sentencing that the defendant cooperated with law enforcement, the
court shall include its determination in the judgment of sentence.
(13) Notwithstanding subsections (1) and (2), an individual
convicted of violating or conspiring to violate section
7401(2)(a)(i) or 7403(2)(a)(i) of the public health code, 1978 PA
368, MCL 333.7401 and 333.7403, whose offense occurred before March
1, 2003, and who was sentenced to a term of years, is eligible for
parole after serving 20 years of the sentence imposed for the
violation if the individual has another serious crime or 17-1/2
years of the sentence if the individual does not have another
conviction for a serious crime, or after serving the minimum
sentence, whichever is less.
(14) (11)
An Notwithstanding
subsections (1) and (2), an
individual who was convicted of violating or conspiring to violate
section 7401(2)(a)(ii) or 7403(2)(a)(ii) of the public health code,
1978 PA 368, MCL 333.7401 and 333.7403, whose offense occurred
before March 1, 2003 and who was sentenced according to those
sections of law as they existed before March 1, 2003, is eligible
for parole after serving the minimum of each sentence imposed for
that violation or 10 years of each sentence imposed for that
violation, whichever is less.
(15) (12)
An Notwithstanding
subsections (1) and (2), an
individual who was convicted of violating or conspiring to violate
section 7401(2)(a)(iii) or 7403(2)(a)(iii) of the public health code,
1978 PA 368, MCL 333.7401 and 333.7403, whose offense occurred
before March 1, 2003 and who was sentenced according to those
sections of law as they existed before March 1, 2003, is eligible
for parole after serving the minimum of each sentence imposed for
that violation or 5 years of each sentence imposed for that
violation, whichever is less.
(16) (13)
An Notwithstanding
subsections (1) and (2), an
individual convicted of violating or conspiring to violate section
7401(2)(a)(iv) or 7403(2)(a)(iv) or (v) of the public health code,
1978 PA 368, MCL 333.7401 and 333.7403, whose offense occurred
before
March 1, 2003 who is sentenced to a term of imprisonment
that
is consecutive to a term of imprisonment imposed for any other
violation
of section 7401(2)(a)(i) to (iv) or section 7403(2)(a)(i)
to
(iv) and
who was sentenced according to those sections of law as
they existed before March 1, 2003, is eligible for parole after
serving 1/2 of the minimum sentence imposed for each violation of
section 7401(2)(a)(iv) or 7403(2)(a)(iv) or (v). This subsection does
not apply if the sentence was imposed for a conviction for a new
offense
committed while the individual is was
on probation or
parole.
(17) Notwithstanding subsections (1), (2), (3), and (4), an
individual sentenced to consecutive terms for 2 or more convictions
for violating or conspiring to violate section 7401(2)(a) or
7403(2)(a) of the public health code, 1978 PA 368, MCL 333.7401 and
333.7403, for an offense or offenses committed before March 1,
2003, and sentenced according to those sections as they existed
before March 1, 2003, is subject to the jurisdiction of the parole
board and may be released on parole when the individual has served
the longest period required for parole eligibility by any of the
sentences, as determined in subsections (7) and (12) to (16).
(18) (14)
The parole board shall provide
notice to the
prosecuting attorney of the county in which the individual was
convicted before granting parole to the individual under subsection
(11),
(12), or (13) (14), (15), or
(16).
(19) (15)
As used in this section:
(a) "Serious crime" means violating or conspiring to violate
article 7 of the public health code, 1978 PA 368, MCL 333.7101 to
333.7545, that is punishable by imprisonment for more than 4 years,
or an offense against a person in violation of section 83, 84, 86,
87, 88, 89, 316, 317, 321, 349, 349a, 350, 397, 520b, 520c, 520d,
520g, 529, 529a, or 530 of the Michigan penal code, 1931 PA 328,
MCL 750.83, 750.84, 750.86, 750.87, 750.88, 750.89, 750.316,
750.317, 750.321, 750.349, 750.349a, 750.350, 750.397, 750.520b,
750.520c, 750.520d, 750.520g, 750.529, 750.529a, and 750.530.
(b) "State correctional facility" means a facility that houses
prisoners committed to the jurisdiction of the department, and
includes a youth correctional facility operated under section 20g
by the department or a private vendor.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 93rd Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 5655(request no.
00727'05 a *).
(b) Senate Bill No.____ or House Bill No. 5656(request no.
00727'05 b *).