March 28, 2006, Introduced by Senators SANBORN, BIRKHOLZ, CROPSEY, GILBERT, HARDIMAN, GOSCHKA, JOHNSON, CASSIS, STAMAS, KUIPERS, BISHOP, McMANUS, EMERSON, OLSHOVE, PATTERSON and CHERRY and referred to the Committee on Judiciary.
A bill to amend 1953 PA 232, entitled
"Corrections code of 1953,"
by amending section 40a (MCL 791.240a), as amended by 1993 PA 346.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 40a. (1) Within 45 days after a paroled prisoner has been
returned or is available for return to a state correctional
facility under accusation of a parole violation other than
conviction for a felony or misdemeanor punishable by imprisonment
under the laws of this state, the United States, or any other state
or territory of the United States, the prisoner is entitled to a
fact-finding hearing on the charges before 1 member of the parole
board or an attorney hearings officer designated by the chairperson
of the parole board. The fact-finding hearing shall be conducted
only after the accused parolee has had a reasonable amount of time
to prepare a defense. The fact-finding hearing may be held at a
state correctional facility or at or near the location of the
alleged violation.
(2) An accused parolee shall be given written notice of the
charges against him or her and the time, place, and purpose of the
fact-finding hearing. At the fact-finding hearing, the accused
parolee may be represented by an appointed or retained attorney and
is entitled to all of the following rights:
(a) Full disclosure of the evidence against him or her.
(b) To testify and present relevant witnesses and documentary
evidence.
(c) To confront and cross-examine adverse witnesses unless the
person conducting the fact-finding hearing finds on the record that
a witness is subject to risk of harm if his or her identity is
revealed.
(d) To present other relevant evidence in mitigation of the
charges.
(3) A fact-finding hearing may be postponed for cause beyond
the 45-day time limit on the written request of the parolee, the
parolee's attorney, or, if a postponement of the preliminary
hearing has been granted beyond the 10-day time limit, by the
parole board. If the parolee is in custody, the parolee shall not
be released from custody merely because the fact-finding hearing
was not held within the 45-day time limit.
(4) If the evidence presented is insufficient to support the
allegation that a parole violation occurred, the parolee shall be
reinstated to parole status.
(5) If the parole board member or hearings officer conducting
the fact-finding hearing determines from a preponderance of the
evidence that a parole violation has occurred, the member or
hearings officer shall present the relevant facts to the parole
board and make a recommendation as to the disposition of the
charges.
(6) If a preponderance of the evidence supports the allegation
that a parole violation occurred, the parole board may revoke
parole, and the parolee shall be provided with a written statement
of the findings of fact and the reasons for the determination
within 60 days after the paroled prisoner has been returned or is
available for return to a state correctional facility.
(7) A parolee who is ordered to make restitution under the
William
Van Regenmorter crime victim's rights
act, Act No. 87 of
the
Public Acts of 1985, being sections 780.751 to 780.834 of the
Michigan Compiled Laws 1985 PA 87, MCL 780.751 to 780.834, or the
code
of criminal procedure, Act No. 175 of the Public Acts of
1927,
being sections 760.1 to 776.21 of the Michigan Compiled Laws
1927 PA 175, MCL 760.1 to 777.69, or to pay an assessment ordered
under
section 5 of Act No. 196 of the Public Acts of 1989, being
section
780.905 of the Michigan Compiled Laws 1989 PA 196, MCL
780.905, as a condition of parole may have his or her parole
revoked by the parole board if the parolee fails to comply with the
order and if the parolee has not made a good faith effort to comply
with the order. In determining whether to revoke parole, the parole
board shall consider the parolee's employment status, earning
ability, and financial resources, the willfulness of the parolee's
failure to comply with the order, and any other special
circumstances that may have a bearing on the parolee's ability to
comply with the order.