HB-4074, As Passed Senate, February 9, 2012

SUBSTITUTE FOR

HOUSE BILL NO. 4074

     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 section 34c.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 34c. (1) The department, by contract or otherwise, shall

assist prisoners with reentry into the community, including, but

not limited to, doing both of the following:

     (a) Assisting prisoners in obtaining the identification

documents described in this section.

     (b) Subject to the department's security needs, reasonably

allowing prisoners to obtain the following identification documents

before those prisoners are released on parole or discharged upon

completion of their maximum sentences:

     (i) Any 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.

     (ii) A social security card or social security number

verification, if possible to obtain.

     (2) A prisoner's refusal to obtain or attempt to obtain the

documents identified in subsection (1)(b) may be included as part

of the prisoner's parole eligibility report, as provided in section

35(7)(e).

     (3) This section applies to all prisoners who are serving a

sentence under the jurisdiction of the department after the

effective date of the amendatory act that added this section who

are eligible to obtain an operator's license under section 307 of

the Michigan vehicle code, 1949 PA 300, MCL 257.307, or a state

personal identification card under section 1 of 1972 PA 222, MCL

28.291.

     (4) The department shall include in writing to each prisoner

the information described in section 14(9)(b) of chapter XI of the

code of criminal procedure, 1927 PA 175, MCL 771.14, listing the

identification documents referenced in subsection (1). For a

prisoner who begins serving a sentence under the jurisdiction of

the department after the effective date of the amendatory act that

added this section, the department shall provide that written

information during reception center processing. For any prisoner

who is under the jurisdiction of the department on the effective

date of the amendatory act that added this section, the department

shall provide that written information as follows:

     (a) For a prisoner with less than 1 year remaining before

parole eligibility, within 90 days after that effective date.

     (b) For any other prisoner, the information shall be given at

the time the parole eligibility report is prepared.

     (5) The department shall allow the secretary of state to have

electronic access to prisoner 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. The department of

corrections shall expend money from the reentry success fund, upon

appropriation, only for the expenses of performing the activities

required by this section.

     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 refused to attempt to obtain

identification documents under section 34c, if applicable.

     (f) (e) For a prisoner subject to disciplinary time, a

statement of all disciplinary time submitted for the parole board's

consideration pursuant to under 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 a prisoner 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 based upon

all available information:

     (a) The prisoner's photograph, taken every 3 years or upon

significant appearance change, whichever occurs first.

     (b) The prisoner's legal name as identified on the prisoner's

birth certificate or on any 1 of the other citizenship

identification documents specified by the secretary of state as

being necessary to obtain an operator's license or state personal

identification card, if those documents are available.

     (c) The prisoner's date of birth.

     (d) A statement as to whether the prisoner was placed on

parole or discharged upon completion of his or her sentence.

(5) (4) The cost of implementing this section shall be paid

out of the general fund of the state.

     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 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.

     (2) Immediately upon arrival at a reception center designated

pursuant to under 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 under 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 96th Legislature are

enacted into law:

     (a) House Bill No. 4075.

     (b) House Bill No. 4076.

     (c) House Bill No. 4077.