HB-4065, As Passed House, May 17, 2017

HOUSE BILL No. 4065

January 24, 2017, Introduced by Rep. Pagel and referred to the Committee on Law and Justice.

A bill to amend 1953 PA 232, entitled

"Corrections code of 1953,"

by amending section 5a (MCL 791.205a), as added by 1996 PA 140.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 5a. (1) ~~Beginning on the effective date of this section,~~

Except as otherwise provided in this section, an individual who has

been convicted of a felony, or who is subject to any pending felony

charges, shall not be employed by or appointed to a position in the

department.

(2) If records available to the department show that an

applicant for employment or appointment has been convicted of a

felony or is subject to pending felony charges, the department

shall inform the applicant of that fact and of his or her resulting

ineligibility for employment or appointment. At the request of the

applicant, the department shall permit the applicant to review the

relevant portion of the records. If the applicant disputes the

accuracy of the records, the department shall allow the applicant a

reasonable period of time to contact the responsible agency or

agencies in order to correct the alleged inaccuracies, and shall

allow the applicant to reapply for employment or appointment if the

records, as corrected, would remove the ineligibility imposed by

this section.

(3) The department shall establish a policy allowing for the

employment or appointment of an individual who has been convicted

of a felony to a position within the department if the individual's

employment or appointment will not negatively impact public safety

or the operation of the department.

(4) The policy developed under subsection (3) shall require an

extensive background investigation of the applicant and the written

approval of the director before the department may employ or

appoint an applicant to a position in the department under

subsection (3).

(5) An individual who is employed by or appointed to a

position in the department under subsection (3) shall not be

dismissed from his or her employment by or appointment in the

department solely due to a felony conviction that he or she

disclosed to the department prior to his or her employment by or

appointment to a position in the department.

(6) ~~(3) This section~~ Subsection (1) does not apply to ~~a person~~

an individual employed by or appointed to a position in the

department before ~~the effective date of this section.~~March 25,

1996.