February 1, 2006, Introduced by Senator BISHOP and referred to the Committee on Judiciary.
A bill to amend 1953 PA 232, entitled
"Corrections code of 1953,"
by amending sections 33 and 65 (MCL 791.233 and 791.265), section
33 as amended by 1998 PA 320 and section 65 as amended by 1998 PA
512.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 33. (1) The grant of a parole is subject to all of the
following:
(a)
A prisoner shall not be given liberty on granted parole
until the board has reasonable assurance, after consideration of
all of the facts and circumstances, including the prisoner's mental
and social attitude, that the prisoner will not become a menace to
society or to the public safety.
(b) Except as provided in section 34a, a parole shall not be
granted to a prisoner other than a prisoner subject to disciplinary
time until the prisoner has served the minimum term imposed by the
court less allowances for good time or special good time to which
the prisoner may be entitled by statute, except that a prisoner
other than a prisoner subject to disciplinary time is eligible for
parole before the expiration of his or her minimum term of
imprisonment whenever the sentencing judge, or the judge's
successor in office, gives written approval of the parole of the
prisoner before the expiration of the minimum term of imprisonment.
(c) Except as provided in section 34a, and notwithstanding the
provisions of subdivision (b), a parole shall not be granted to a
prisoner other than a prisoner subject to disciplinary time
sentenced for the commission of a crime described in section 33b(a)
to (cc) until the prisoner has served the minimum term imposed by
the court less an allowance for disciplinary credits as provided in
section 33(5) of 1893 PA 118, MCL 800.33. A prisoner described in
this subdivision is not eligible for special parole.
(d) Except as provided in section 34a, a parole shall not be
granted to a prisoner subject to disciplinary time until the
prisoner has served the minimum term imposed by the court.
(e) A prisoner shall not be released on parole until the
parole board has satisfactory evidence that arrangements have been
made for such honorable and useful employment as the prisoner is
capable of performing, for the prisoner's education, or for the
prisoner's care if the prisoner is mentally or physically ill or
incapacitated.
(f) A
Subject to subsection (2), a
prisoner whose minimum
term of imprisonment is 2 years or more shall not be released on
parole unless he or she has either earned a high school diploma or
earned its equivalent in the form of a general education
development (GED) certificate. The director of the department may
waive the restriction imposed by this subdivision as to any
prisoner who is over the age of 65 or who was gainfully employed
immediately before committing the crime for which he or she was
incarcerated. The department of corrections may also waive the
restriction imposed by this subdivision as to any prisoner who has
a learning disability, who does not have the necessary proficiency
in English, or who for some other reason that is not the fault of
the prisoner is unable to successfully complete the requirements
for a high school diploma or a general education development
certificate. If the prisoner does not have the necessary
proficiency in English, the department of corrections shall provide
English language training for that prisoner necessary for the
prisoner to begin working toward the completion of the requirements
for a general education development certificate. This subdivision
applies to prisoners sentenced for crimes committed after December
15, 1998. In providing an educational program leading to a high
school degree or general education development certificate, the
department shall give priority to prisoners sentenced for crimes
committed on or before December 15, 1998.
(2) A parole decision may be deferred for up to 3 months to
permit a prisoner to complete a program in which the prisoner is
already enrolled. Reasonable efforts to complete that program or a
similar program may be made a condition of parole.
(3) (2)
Paroles-in-custody to answer warrants filed by local
or out-of-state agencies, or immigration officials, are permissible
if an accredited agent of the agency filing the warrant calls for
the prisoner to be paroled in custody.
(4) (3)
Pursuant to the administrative procedures act of
1969, 1969 PA 306, MCL 24.201 to 24.328, the parole board may
promulgate rules not inconsistent with this act with respect to
conditions to be imposed upon prisoners paroled under this act.
Sec. 65. (1) Under rules promulgated by the director of the
department, the assistant director in charge of the bureau of
correctional facilities, except as otherwise provided in this
section, may cause the transfer or re-transfer of a prisoner from a
correctional facility to which committed to any other correctional
facility, or temporarily to a state institution for medical or
surgical treatment. In effecting a transfer, the assistant director
of the bureau of correctional facilities may utilize the services
of an executive or employee within the department and of a law
enforcement officer of the state.
(2) The department shall maintain statewide lists of prisoners
awaiting placement in recommended treatment and educational
programs. If necessary, the department shall make reasonable
efforts to transfer prisoners, within appropriate security
classifications, to facilities in a manner that ensures that
prisoners have the opportunity to complete recommended programs
before their first parole eligibility dates.
(3) (2)
A prisoner who is subject to disciplinary time and
is committed to the jurisdiction of the department shall be
confined in a secure correctional facility for the duration of his
or her minimum sentence, except for periods when the prisoner is
away from the secure correctional facility while being supervised
by an employee of the department or by an employee of a private
vendor that operates a youth correctional facility under section
20g for 1 of the following purposes:
(a) Visiting a critically ill relative.
(b) Attending the funeral of a relative.
(c) Obtaining medical services not otherwise available at the
secure correctional facility.
(d) Participating in a work detail.
(4) (3)
As used in this section, "offender" means
a citizen
of the United States or a foreign country who has been convicted of
a crime and been given a sentence in a country other than the
country of which he or she is a citizen. If a treaty is in effect
between the United States and a foreign country, which provides for
the transfer of offenders from the jurisdiction of 1 of the
countries to the jurisdiction of the country of which the offender
is a citizen, and if the offender requests the transfer, the
governor of this state or a person designated by the governor may
give the approval of this state to a transfer of an offender, if
the conditions of the treaty are satisfied.
(5) (4)
Not less than 45 days before approval of a transfer
pursuant
to subsection (3) (4)
from this state to another
country, the governor, or the governor's designee, shall notify the
sentencing judge and the prosecuting attorney of the county having
original jurisdiction, or their successors in office, of the
request for transfer. The notification shall indicate any name
changes of the offender subsequent to sentencing. Within 20 days
after receiving such notification, the judge or prosecutor may send
to the governor, or the governor's designee, information about the
criminal action against the offender or objections to the transfer.
Objections to the transfer shall not preclude approval of the
transfer.
(6) (5)
As used in this section, "secure correctional
facility" means a facility that houses prisoners under the
jurisdiction of the department according to the following
requirements:
(a) The facility is enclosed by a locked fence or wall that is
designed to prevent prisoners from leaving the enclosed premises
and that is patrolled by correctional officers.
(b) Prisoners in the facility are restricted to the area
inside the fence or wall.
(c) Prisoners are under guard by correctional officers 7 days
per week, 24 hours per day.