April 25, 2006, Introduced by Reps. Robertson, Gosselin, Ball, Taub, Acciavatti and Schuitmaker and referred to the Committee on Judiciary.
A bill to amend 1953 PA 232, entitled
"Corrections code of 1953,"
by amending section 6 (MCL 791.206), as amended by 1996 PA 104.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 6. (1) The director may promulgate rules pursuant to the
administrative
procedures act of 1969, Act No. 306 of the Public
Acts
of 1969, being sections 24.201 to 24.328 of the Michigan
Compiled
Laws 1969 PA 306, MCL 24.201
to 24.328, which may provide
for all of the following:
(a) The control, management, and operation of the general
affairs of the department.
(b) Supervision and control of probationers and probation
officers throughout this state.
(c) The manner in which applications for pardon, reprieve,
medical commutation, or commutation shall be made to the governor;
the procedures for handling applications and recommendations by the
parole board; the manner in which paroles shall be considered, the
criteria to be used to reach release decisions, the procedures for
medical and special paroles, and the duties of the parole board in
those matters; interviews on paroles and for the notice of intent
to conduct an interview; the entering of appropriate orders
granting or denying paroles; the supervision and control of paroled
prisoners; and the revocation of parole.
(d) The management and control of state penal institutions,
correctional farms, probation recovery camps, and programs for the
care and supervision of youthful trainees separate and apart from
persons convicted of crimes within the jurisdiction of the
department.
Except as provided for in section 62(3), this
subdivision shall
does not apply to detention facilities operated
by local units of government used to detain persons less than 72
hours. The rules may permit the use of portions of penal
institutions in which persons convicted of crimes are detained. The
rules shall provide that decisions as to the removal of a youth
from the youthful trainee facility or the release of a youth from
the supervision of the department shall be made by the department
and shall assign responsibility for those decisions to a committee.
(e) The management and control of prison labor and industry.
(2) The director may promulgate rules providing for a parole
board structure consisting of 3-member panels.
(3) The director may promulgate further rules with respect to
the affairs of the department as the director considers necessary
or expedient for the proper administration of this act. The
director may modify, amend, supplement, or rescind a rule.
(4) The director and the corrections commission shall not
promulgate a rule or adopt a guideline that does either of the
following:
(a) Prohibits a probation officer or parole officer from
carrying a firearm while on duty.
(b) Allows a prisoner to have his or her name changed. If the
Michigan
supreme court rules that subsection 4(b) is
violative of
constitutional
provisions under the first and fourteenth amendments
to
the United States constitution and article I, sections 2 and 4
of
the Michigan constitution of 1963 this
subdivision violates the
United States constitution or the state constitution of 1963, the
remaining
provisions of the code shall remain in effect.
(5)
If the Michigan supreme court rules that sections 45 and
46
of the administrative procedures act of 1969, Act No. 306 of the
Public
Acts of 1969, being sections 24.245 and 24.246 of the
Michigan
Compiled Laws, are unconstitutional, and a statute
requiring
legislative review of administrative rules is not enacted
within
90 days after the Michigan supreme court ruling, the
department
shall not promulgate rules under this section.