November 9, 2006, Introduced by Senator CROPSEY 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 2006 PA 316.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 40a. (1) After a prisoner is released on parole, the
prisoner's parole order is subject to revocation at the discretion
of the parole board for cause as provided in this section.
(2) If a paroled prisoner who is required to register pursuant
to the sex offenders registration act, 1994 PA 295, MCL 28.721 to
28.736, willfully violates that act, the parole board shall revoke
the parole. If a prisoner convicted of violating or conspiring to
violate section 7401(2)(a)(i) or (ii) or 7403(2)(a)(i) or (ii) of the
public health code, 1978 PA 368, MCL 333.7401 and 333.7403, is
released on parole and violates or conspires to violate article 7
of the public health code, 1978 PA 368, MCL 333.7101 to 333.7545,
and that violation or conspiracy to violate is punishable by
imprisonment for 4 or more years, or commits a violent felony
during his or her release on parole, parole shall be revoked.
(3) 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.
(4) If, before a fact-finding hearing begins, the accused
parolee alleges that he or she is indigent and requests that an
attorney be appointed to represent him or her, the parole board
member or attorney hearings officer who will conduct the hearing
shall determine whether the accused parolee is indigent. If the
accused parolee is determined to be indigent, the parole board
member of hearings officer shall cause the appointment of an
attorney to represent the accused parolee at the fact-finding
hearing. The cost of the appointed attorney shall be paid from the
department's general operating budget.
(5) (4)
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 a retained attorney
or an attorney appointed under subsection (4) and is entitled to
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.
(6) (5)
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
parole violation hearing required under section 39a has been
granted beyond the 10-day time limit, by the parole board.
(7) (6)
The director or a deputy director designated by the
director shall be notified in writing if the preliminary parole
violation hearing is not conducted within the 10-day time limit,
and the hearing shall be conducted as soon as possible. The
director or a deputy director designated by the director shall be
notified in writing if the fact-finding hearing is not conducted
within the 45-day time limit, and the hearing shall be conducted as
soon as possible. A parolee held in custody shall not be released
pending disposition of either hearing.
(8) (7)
If the evidence presented is insufficient to support
the allegation that a parole violation occurred, the parolee shall
be reinstated to parole status.
(9) (8)
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.
(10) (9)
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.
(11) (10)
A parolee who is ordered to make restitution under
the William Van Regenmorter crime victim's rights act, 1985 PA 87,
MCL 780.751 to 780.834, or the code of criminal procedure, 1927 PA
175, MCL 760.1 to 777.69, or to pay an assessment ordered under
section 5 of 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.
(12) (11)
As used in this section, "violent felony"
means
that term as defined in section 36.