SENATE BILL No. 1008

 

 

January 26, 2006, Introduced by Senator SWITALSKI 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 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 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 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 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 as provided in subsection  (10) 

 

(11), who has served 20 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 has another conviction for a

 

serious crime, or, except as provided in subsection  (10)  (11),

 

who 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 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, subject to the following conditions:


 

     (a) At the conclusion of 10 calendar years of the prisoner's

 

sentence and 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), 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, 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.

 

     (c) A decision to grant or deny parole to a 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.


 

     (d) A parole granted under this subsection shall be for a

 

period of not less than 4 years and subject to the usual rules

 

pertaining to paroles granted by the parole board. A parole ordered

 

under this subsection 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 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.

 

     (7) An interview conducted under subsection (6)(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 public hearing as described

 

in subsection (6)(b).

 

     (8) A prisoner who is an alien and who is subject to an order

 

of deportation upon release from incarceration shall be interviewed


 

by 1 member of the parole board each year until the prisoner is

 

paroled or discharged.

 

     (9)  (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.

 

     (10)  (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.

 

     (11)  (10)  If the sentencing judge, or his or her successor

 

in office, determines on the record that a prisoner described in

 

subsection (6) 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), 2-1/2 years earlier than the time otherwise

 

indicated in subsection (6). 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.

 

     (12)  (11)  An individual 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, 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.

 

     (13)  (12)  An individual 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, 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.

 

     (14)  (13)  An individual convicted of violating or conspiring

 

to violate section 7401(2)(a)(iv) or 7403(2)(a)(iv) of the public

 

health code, 1978 PA 368, MCL 333.7401 and 333.7403, 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) 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). This subsection does not apply if the sentence was

 

imposed for a conviction for a new offense committed while the

 

individual is on probation or parole.

 

     (15)  (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)  (12), (13), or (14).

 

     (16)  (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.