HB-4538, As Passed Senate, September 29, 2010

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4538

A bill to amend 1953 PA 232, entitled

"Corrections code of 1953,"

by amending section 34a (MCL 791.234a), as added by 2009 PA 107.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 34a. (1) A prisoner sentenced to an indeterminate term of

imprisonment under the jurisdiction of the department, regardless

of when he or she was sentenced, shall be considered by the

department for placement in a special alternative incarceration

unit established under section 3 of the special alternative

incarceration act, 1988 PA 287, MCL 798.13, if the prisoner meets

the eligibility requirements of subsections (2) and (3). For a

prisoner committed to the jurisdiction of the department on or

after March 19, 1992, the department shall determine before the

prisoner leaves the reception center whether the prisoner is

eligible for placement in a special alternative incarceration unit,

although actual placement may take place at a later date. A

determination of eligibility does not guarantee placement in a

unit.

(2) To be eligible for placement in a special alternative

incarceration unit, the prisoner shall meet all of the following

requirements:

(a) The prisoner's minimum sentence does not exceed either of

the following limits, as applicable:

(i) Twenty-four months or less for a violation of section 110

or 110a of the Michigan penal code, 1931 PA 328, MCL 750.110 and

750.110a, if the violation involved any occupied dwelling house.

(ii) Thirty-six months or less for any other crime.

(b) The prisoner has never previously been placed in a special

alternative incarceration unit as either a prisoner or a

probationer, unless he or she was removed from a special

alternative incarceration unit for medical reasons as specified in

subsection (7).~~This subdivision applies only to placements~~

~~occurring on or after October 1, 2009, and does not apply to a~~

~~prisoner placed in a special alternative incarceration unit before~~

~~that date.~~

program.

(d) The prisoner does not appear to have any mental disability

that would prevent participation in the program.

(e) The prisoner is serving his or her first prison sentence.

(f) At the time of sentencing, the judge did not prohibit

participation in the program in the judgment of sentence.

(g) The prisoner is otherwise suitable for the program, as

determined by the department.

(h) The prisoner is not serving a sentence for any of the

following crimes:

(i) A violation of section 11, 49, 80, 83, 89, 91, 157b, 158,

207, 260, 316, 317, 327, 328, 335a, 338, 338a, 338b, 349, 349a,

350, 422, 436, 511, 520b, 529, 529a, 531, or 544 of the Michigan

penal code, 1931 PA 328, MCL 750.11, 750.49, 750.80, 750.83,

750.89, 750.91, 750.157b, 750.158, 750.207, 750.260, 750.316,

750.317, 750.327, 750.328, 750.335a, 750.338, 750.338a, 750.338b,

750.349, 750.349a, 750.350, 750.422, 750.436, 750.511, 750.520b,

750.529, 750.529a, 750.531, and 750.544.

(ii) A violation of section 145c, 520c, 520d, or 520g of the

Michigan penal code, 1931 PA 328, MCL 750.145c, 750.520c, 750.520d,

and 750.520g.

(iii) A violation of section 72, 73, or 75 of the Michigan penal

code, 1931 PA 328, MCL 750.72, 750.73, and 750.75.

(iv) A violation of section 86, 112, 136b, 193, 195, 213, 319,

321, 329, or 397 of the Michigan penal code, 1931 PA 328, MCL

750.86, 750.112, 750.136b, 750.193, 750.195, 750.213, 750.319,

750.321, 750.329, and 750.397.

(v) A violation of section 2 of 1968 PA 302, MCL 752.542.

(vi) An attempt to commit a crime described in subparagraphs

(i) to (v).

(vii) A violation occurring on or after January 1, 1992, of

section 625(4) or (5) of the Michigan vehicle code, 1949 PA 300,

MCL 257.625.

(viii) A crime for which the prisoner was punished pursuant to

section 10, 11, or 12 of chapter IX of the code of criminal

procedure, 1927 PA 175, MCL 769.10, 769.11, and 769.12.

(3) A prisoner who is serving a sentence for a violation of

section 7401 or 7403 of the public health code, 1978 PA 368, MCL

333.7401 and 333.7403, and who has previously been convicted for a

violation of section 7401 or 7403(2)(a), (b), or (e) of the public

health code, 1978 PA 368, MCL 333.7401 and 333.7403, is not

eligible for placement in a special alternative incarceration unit

until after he or she has served the equivalent of the mandatory

minimum sentence prescribed by statute for that violation.

(4) If the sentencing judge prohibited a prisoner's

participation in the special alternative incarceration program in

the judgment of sentence, that prisoner shall not be placed in a

special alternative incarceration unit. If the sentencing judge

permitted the prisoner's participation in the special alternative

incarceration program in the judgment of sentence, that prisoner

may be placed in a special alternative incarceration unit if the

department determines that the prisoner also meets the requirements

of subsections (2) and (3). If the sentencing judge neither

prohibited nor permitted a prisoner's participation in the special

alternative incarceration program in the judgment of sentence, or

~~if the prisoner is serving his or her sentence regardless of~~

~~whether or not the judge permitted the prisoner's participation in~~

~~the program,~~ and the department determines that the prisoner meets

the eligibility requirements of subsections (2) and (3), the

department shall notify the judge or the judge's successor, the

prosecuting attorney for the county in which the prisoner was

sentenced, and any victim of the crime for which the prisoner was

committed if the victim has submitted to the department a written

request for any notification pursuant to section 19(1) of the

William Van Regenmorter crime victim's rights act, 1985 PA 87, MCL

780.769, of the proposed placement of the prisoner in the special

alternative incarceration unit. The notices shall be sent not later

than 30 days before placement is intended to occur. The department

shall not place the prisoner in a special alternative incarceration

unit unless the sentencing judge, or the judge's successor,

notifies the department, in writing, that he or she does not object

to the proposed placement. In making the decision on whether or not

to object, the judge, or judge's successor, shall review any impact

statement submitted pursuant to section 14 of the William Van

Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.764, by

the victim or victims of the crime of which the prisoner was

convicted.

(5) Notwithstanding subsection (4), a prisoner shall not be

placed in a special alternative incarceration unit unless the

prisoner consents to that placement and agrees that the department

may suspend or restrict privileges generally afforded other

prisoners including, but not limited to, the areas of visitation,

property, mail, publications, commissary, library, and telephone

access. However, the department may not suspend or restrict the

prisoner's access to the prisoner grievance system.

(6) ~~Beginning September 30, 2008, and notwithstanding~~

Notwithstanding subsections (4) and (5), a prisoner shall not be

placed in a special alternative incarceration unit unless all of

the following conditions are met for the prisoner at the special

alternative incarceration unit:

(a) Upon entry into the special alternative incarceration

unit, a validated risk and need assessment from which a prisoner-

specific transition accountability plan and prisoner-specific

programming during program enrollment are utilized.

(b) Interaction with community-based service providers through

established prison in-reach services from the community to which

the prisoner will return is utilized.

(d) Community follow-up services are utilized.

(7) A prisoner may be placed in a special alternative

incarceration program for a period of not less than 90 days or more

than 120 days. If, during that period, the prisoner misses more

than 5 days of program participation due to medical excuse for

illness or injury occurring after he or she was placed in the

program, the period of placement shall be increased by the number

of days missed, beginning with the sixth day of medical excuse, up

to a maximum of 20 days. However, the total number of days a

prisoner may be placed in this program, including days missed due

to medical excuse, shall not exceed 120 days. A medical excuse

shall be verified by a physician's statement. A prisoner who is

medically unable to participate in the program for more than 25

days shall be returned to a state correctional facility but may be

reassigned to the program if the prisoner meets the eligibility

requirements of subsections (2) and (3).

(8) Upon certification of completion of the special

alternative incarceration program, the prisoner shall be placed on

parole. A prisoner paroled under this section shall have conditions

of parole as determined appropriate by the parole board and shall

be placed on parole for not less than 18 months, or the balance of

the prisoner's minimum sentence, whichever is greater, with at

least the first 120 days under intensive supervision.

(9) The parole board may suspend or revoke parole for any

prisoner paroled under this section subject to sections 39a and

40a. For a prisoner other than a prisoner subject to disciplinary

time, if parole is revoked before the expiration of the prisoner's

minimum sentence, less disciplinary credits, the parole board shall

forfeit, pursuant to section 33(13) of 1893 PA 118, MCL 800.33, all

disciplinary credits that were accumulated during special

alternative incarceration, and the prisoner shall be considered for

parole pursuant to section 35.

(10) ~~On March 19, 1993, and annually after that time, the~~ The

department shall report annually to the legislature the impact of

the operation of this section, including a report concerning

recidivism.

(11) The department shall contract annually for third-party

evaluations that report on both of the following:

(a) The implementation of the requirements of subsection (6).

(b) The success of the special alternative incarceration

program as revised under subsection (6), as evidenced by the extent

to which participants subsequently violate the conditions of their

parole, have their orders of parole revoked, or revictimize as

evidenced by being arrested or convicted for new offenses,

absconding from parole, or having outstanding warrants.

(12) Each prisoner or probationer placed in the special

alternative incarceration program shall fully participate in the

Michigan prisoner reentry initiative.~~not later than the following~~

~~date, as applicable:~~

~~(a) Each prisoner serving his or her second prison sentence~~

~~shall participate not later than June 1, 2008.~~

~~(b) Each prisoner serving his or her first prison sentence~~

~~shall participate not later than August 1, 2008.~~

~~(c) Each probationer shall participate not later than~~

~~September 1, 2008.~~

(13) This section is repealed effective September 30, ~~2010~~

2012.