June 28, 2006, Introduced by Senator SCOTT and referred to the Committee on Judiciary.
A bill to amend 1953 PA 232, entitled
"Corrections code of 1953,"
by amending sections 35, 37, and 67 (MCL 791.235, 791.237, and
791.267), section 35 as amended by 1998 PA 315, section 37 as
amended by 1994 PA 217, and section 67 as amended by 1996 PA 565,
and by adding sections 34b and 37a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 34b. (1) Every prisoner shall make all reasonable
efforts, while incarcerated, to obtain any 2 of the identification
documents that, in combination with the prisoner identification
card issued under section 37(4), would satisfy the application
requirements for obtaining an operator's license or state personal
identification card as established by the secretary of state under
section 307 of the Michigan vehicle code, 1949 PA 300, MCL 257.307,
or section 1 of 1972 PA 222, MCL 28.291. A prisoner's cooperation
under this subsection is a factor that is to be considered as part
of the prisoner's parole eligibility report, as provided in section
35(7)(e). This subsection applies to any prisoner who begins
serving a sentence under the jurisdiction of the department after
the effective date of this section and also applies, beginning
January 1, 2008, to any prisoner who is serving a sentence of
imprisonment on the effective date of this section.
(2) Each prisoner shall be given a form listing the personal
identification documents referenced in subsection (1). The form
shall include a statement that the department will assist the
prisoner in obtaining the required documents. The form shall also
include any other information the department determines is
necessary. For a prisoner who begins serving a sentence under the
jurisdiction of the department after the effective date of this
section, the department shall provide the form not later than 10
days after the prisoner arrives at a reception center under section
67(1). For any prisoner who is serving a sentence under the
jurisdiction of the department on the effective date of this
section, the department shall provide the form not later than
October 1, 2007.
(3) The director of the department may waive the requirements
of subsection (1) for any prisoner who, for any reason that is not
the fault of the prisoner, is unable to comply with subsection (1).
(4) The department shall assist each prisoner in obtaining the
documents referenced in subsection (1). A prisoner may expend money
from his or her institutional account to defray any expenses
incurred in obtaining the documents. Upon release on parole or
release without parole, the department shall provide the documents
obtained to the prisoner.
(5) The department shall allow the secretary of state to have
electronic access to prisoner biography information for the purpose
of verifying the identity of prisoners who apply for driver
licenses or state personal identification cards.
(6) The reentry success fund is created within the state
treasury. The state treasurer may receive money or other assets
from any source for deposit into the fund. The state treasurer
shall direct the investment of the fund. The state treasurer shall
credit to the fund interest and earnings from fund investments.
Money in the fund at the close of the fiscal year shall remain in
the fund and shall not lapse to the general fund.
(7) The department of corrections shall expend money from the
reentry success fund, upon appropriation, only for the expense of
obtaining the documents referenced in subsection (1) for prisoners
who are indigent.
Sec. 35. (1) The release of a prisoner on parole shall be
granted solely upon the initiative of the parole board. The parole
board may grant a parole without interviewing the prisoner.
However,
beginning on the date on which the administrative rules
prescribing
parole guidelines pursuant to section 33e(5) take
effect
January 26, 1996, the parole board may grant a parole
without interviewing the prisoner only if, after evaluating the
prisoner according to the parole guidelines, the parole board
determines that the prisoner has a high probability of being
paroled and the parole board therefore intends to parole the
prisoner. Except as provided in subsection (2), a prisoner shall
not be denied parole without an interview before 1 member of the
parole board. The interview shall be conducted at least 1 month
before the expiration of the prisoner's minimum sentence less
applicable good time and disciplinary credits for a prisoner
eligible for good time and disciplinary credits, or at least 1
month before the expiration of the prisoner's minimum sentence for
a prisoner subject to disciplinary time. The parole board shall
consider any statement made to the parole board by a crime victim
under the William Van Regenmorter crime victim's rights act, 1985
PA 87, MCL 780.751 to 780.834, or under any other provision of law.
The parole board shall not consider any of the following factors in
making a parole determination:
(a) A juvenile record that a court has ordered the department
to expunge.
(b) Information that is determined by the parole board to be
inaccurate or irrelevant after a challenge and presentation of
relevant evidence by a prisoner who has received a notice of intent
to conduct an interview as provided in subsection (4). This
subdivision applies only to presentence investigation reports
prepared before April 1, 1983.
(2)
Beginning on the date on which the administrative rules
prescribing
the parole guidelines take effect pursuant to section
33e(5)
January 26, 1996, if, after
evaluating a prisoner according
to the parole guidelines, the parole board determines that the
prisoner has a low probability of being paroled and the parole
board therefore does not intend to parole the prisoner, the parole
board
shall is not be required to interview the prisoner
before
denying parole to the prisoner.
(3) The parole board may consider but shall not base a
determination to deny parole solely on either of the following:
(a) A prisoner's marital history.
(b) Prior arrests not resulting in conviction or adjudication
of delinquency.
(4) If an interview is to be conducted, the prisoner shall be
sent a notice of intent to conduct an interview at least 1 month
before the date of the interview. The notice shall state the
specific issues and concerns that shall be discussed at the
interview and that may be a basis for a denial of parole. A denial
of parole shall not be based on reasons other than those stated in
the notice of intent to conduct an interview except for good cause
stated to the prisoner at or before the interview and in the
written explanation required by subsection (12). This subsection
does not apply until April 1, 1983.
(5) Except for good cause, the parole board member conducting
the interview shall not have cast a vote for or against the
prisoner's release before conducting the current interview. Before
the interview, the parole board member who is to conduct the
interview shall review pertinent information relative to the notice
of intent to conduct an interview.
(6) A prisoner may waive the right to an interview by 1 member
of the parole board. The waiver of the right to be interviewed
shall be given not more than 30 days after the notice of intent to
conduct an interview is issued and shall be made in writing. During
the interview held pursuant to a notice of intent to conduct an
interview, the prisoner may be represented by an individual of his
or her choice. The representative shall not be another prisoner or
an attorney. A prisoner is not entitled to appointed counsel at
public expense. The prisoner or representative may present relevant
evidence in support of release. This subsection does not apply
until April 1, 1983.
(7) At least 90 days before the expiration of the prisoner's
minimum sentence less applicable good time and disciplinary credits
for a prisoner eligible for good time or disciplinary credits, or
at least 90 days before the expiration of the prisoner's minimum
sentence for a prisoner subject to disciplinary time, or the
expiration of a 12-month continuance for any prisoner, a parole
eligibility report shall be prepared by appropriate institutional
staff. The parole eligibility report shall be considered pertinent
information for purposes of subsection (5). The report shall
include all of the following:
(a) A statement of all major misconduct charges of which the
prisoner was found guilty and the punishment served for the
misconduct.
(b) The prisoner's work and educational record while confined.
(c) The results of any physical, mental, or psychiatric
examinations of the prisoner that may have been performed.
(d) Whether the prisoner fully cooperated with the state by
providing complete financial information as required under section
3a of the state correctional facility reimbursement act, 1935 PA
253, MCL 800.403a.
(e) Whether the prisoner complied with the requirements of
section 34b for obtaining identification documents.
(f)
(e) For a prisoner subject to disciplinary time, a
statement of all disciplinary time submitted for the parole board's
consideration pursuant to section 34 of 1893 PA 118, MCL 800.34.
(8) The preparer of the report shall not include a
recommendation as to release on parole.
(9) Psychological evaluations performed at the request of the
parole board to assist it in reaching a decision on the release of
a prisoner may be performed by the same person who provided the
prisoner with therapeutic treatment, unless a different person is
requested by the prisoner or parole board.
(10) The parole board may grant a medical parole for a
prisoner determined to be physically or mentally incapacitated. A
decision to grant a medical parole shall be initiated upon the
recommendation of the bureau of health care services and shall be
reached only after a review of the medical, institutional, and
criminal records of the prisoner.
(11) The department shall submit a petition to the appropriate
court under section 434 of the mental health code, 1974 PA 258, MCL
330.1434, for any prisoner being paroled or being released after
serving his or her maximum sentence whom the department considers
to be a person requiring treatment. The parole board shall require
mental health treatment as a special condition of parole for any
parolee whom the department has determined to be a person requiring
treatment whether or not the petition filed for that prisoner is
granted by the court. As used in this subsection, "person requiring
treatment" means that term as defined in section 401 of the mental
health code, 1974 PA 258, MCL 330.1401.
(12) When the parole board makes a final determination not to
release a prisoner, the prisoner shall be provided with a written
explanation of the reason for denial and, if appropriate, specific
recommendations for corrective action the prisoner may take to
facilitate release.
(13) This section does not apply to the placement on parole of
a person in conjunction with special alternative incarceration
under section 34a(7).
Sec. 37. (1) When a prisoner is released upon parole, the
department shall provide the prisoner with clothing and a
nontransferable ticket to the place in which the paroled prisoner
is to reside. At the discretion of the deputy director in charge of
the
bureau of field services operations administration,
the
paroled prisoner may be advanced the expense of the transportation
to the place of residence and a sum of money necessary for
reasonable maintenance and subsistence for a 2-week period, as
determined by the deputy director. A sum of money given under this
section shall be repaid to the state by the paroled prisoner within
180 days after the money is received by the paroled prisoner.
(2) If a prisoner who is discharged without being paroled has
less than $75.00 in his or her immediate possession, has no visible
means of support, and has conserved personal funds in a reasonable
manner, the department shall furnish to that prisoner all of the
following:
(a) Clothing that is appropriate for the season.
(b) A sum of $75.00 including that amount already in the
prisoner's possession.
(c) Transportation to a place in this state where the prisoner
will reside or work or to the place where the prisoner was
convicted or sentenced.
(3) When providing for transportation, the department shall do
all of the following:
(a) Use the most economical available public transportation.
(b) Arrange for and purchase the prisoner's transportation
ticket.
(c) Assume responsibility for delivering that prisoner to the
site of departure and confirming the prisoner's departure from the
site.
(4) The department shall provide an identification card to
each prisoner when he or she is released on parole or is released
upon completion of his or her maximum sentence. The identification
card shall include all of the following:
(a) The prisoner's photograph, taken not earlier than 6 months
before the prisoner's date of release.
(b) The prisoner's legal name.
(c) The prisoner's place and date of birth.
(d) The date on which the prisoner began his or her term of
incarceration at a state correctional facility.
(e) A statement as to whether the prisoner was placed on
parole.
(f) A list of the prisoner's known aliases and former legal
names, if any.
(5) (4)
The cost of implementing this
section shall be paid
out of the general fund of the state.
Sec. 37a. If a prisoner has money remaining in his or her
institutional account on the date of his or her release on parole
or release upon completing his or her maximum sentence, the
department, upon the prisoner's release, shall issue to the
prisoner a debit card that allows the prisoner to make electronic
transfers of funds from the prisoner's institutional account.
Sec. 67. (1) Quarters for temporary confinement apart from
those of regular inmates shall be provided for convicted prisoners
upon commitment at each of the state correctional facilities, which
the director shall designate as a reception center. Within 60 days
after
the arrival of a convicted prisoner at such a state
correctional
facility, the classification committee shall make do
both of the following:
(a) Make and complete a comprehensive study of the prisoner,
including physical and psychiatric examinations, to ensure that the
prisoner is confined in the state correctional facility suited to
the type of rehabilitation required in his or her case. The warden
of the state correctional facility shall deliver a report of the
study of the classification committee to the deputy director of the
correctional facilities administration, who shall, within 5 days
after receipt of the report, execute an order to confine the
prisoner in the state correctional facility determined as suitable
by the deputy director.
(b) Require the prisoner to execute a written identification
statement, on a form provided by the department. The statement
shall be signed by the prisoner under penalty of perjury. The
statement shall contain all of the following information concerning
the prisoner:
(i) His or her name given at birth.
(ii) His or her current legal name, if different from his or
her birth name.
(iii) His or her place and date of birth.
(2) Immediately upon arrival at a reception center designated
pursuant to subsection (1), each incoming prisoner shall undergo a
test for HIV or an antibody to HIV. This subsection does not apply
if an incoming prisoner has been tested for HIV or an antibody to
HIV
under section 5129 of the public health code, Act No. 368 of
the
Public Acts of 1978, being section 333.5129 of the Michigan
Compiled
Laws 1978 PA 368, MCL 333.5129, within the 3 months
immediately preceding the date of the prisoner's arrival at the
reception center, as indicated by the record transferred to the
department by the court under that section.
(3) If a prisoner receives a positive test result and is
subsequently subject to discipline by the department for sexual
misconduct that could transmit HIV, illegal intravenous use of
controlled substances, or assaultive or predatory behavior that
could transmit HIV, the department shall house that prisoner in
administrative segregation, an inpatient health care unit, or a
unit separate from the general prisoner population, as determined
by the department.
(4) The department shall report each positive test result to
the department of community health, in compliance with section 5114
of
Act No. 368 of the Public Acts of 1978, being section 333.5114
of
the Michigan Compiled Laws the public health code,
1978 PA 368,
MCL 333.5114.
(5) If an employee of the department sustains a percutaneous,
mucous membrane, or open wound exposure to the blood or body fluid
of a prisoner, the employee may, and the department shall, proceed
under section 67b.
(6) Upon the request of an employee of the department, the
department shall provide or arrange for a test for HIV or an
antibody to HIV for that employee, free of charge.
(7) Upon the request of an employee of the department, the
department shall provide to that employee the equipment necessary
to implement universal precautions to prevent transmission of HIV
infection.
(8) A prisoner who receives a positive HIV test result under
subsection (5) shall not work in a health facility operated by the
department.
(9) The department shall conduct a seroprevalence study of the
prisoners in all state correctional facilities to determine the
percentage of prisoners who are HIV infected.
(10) The results of a test for HIV or an antibody to HIV
conducted under this section shall be disclosed by the department
pursuant to section 67b.
(11) The deputy director of the correctional facilities
administration shall take steps to ensure that all prisoners who
receive HIV testing receive counseling regarding AIDS including, at
a minimum, treatment, transmission, and protective measures.
(12) The department, in conjunction with the department of
community health, shall develop and implement a comprehensive AIDS
education program designed specifically for correctional
environments. The program shall be conducted by the bureau within
the department responsible for health care, for staff and for
prisoners at each state correctional facility.
(13)
By March 30, 1991, the department shall submit a report
regarding
the testing component, managerial aspects, and
effectiveness
of subsections (2) to (12) to the senate and house
committees
with jurisdiction over matters pertaining to
corrections,
and to the senate and house committees with
jurisdiction
over matters pertaining to public health.
(13) (14)
As used in this section:
(a) "AIDS" means acquired immunodeficiency syndrome.
(b) "HIV" means human immunodeficiency virus.
(c) "Positive test result" means a double positive enzyme-
linked immunosorbent assay test, combined with a positive western
blot assay test, or a positive test under an HIV test that is
considered reliable by the federal centers for disease control and
is approved by the department of community health.
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. 1337.
(b) Senate Bill No. 1338.