HB-5926, As Passed House, September 5, 2018

 

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 5926

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1953 PA 232, entitled

 

"Corrections code of 1953,"

 

by amending section 34d (MCL 791.234d), as amended by 2017 PA 14.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 34d. (1) When a prisoner is released, the department

 

shall issue to that prisoner documents regarding all of the

 

following:

 

     (a) The prisoner's criminal convictions.

 

     (b) The prisoner's institutional history including all of the

 

following:

 

     (i) Any record of institutional misconduct.

 

     (ii) Whether the prisoner successfully completed programming

 

provided by the department or a person or entity under contract

 


with the department.

 

     (iii) Whether the prisoner obtained a high school equivalency

 

certificate or other educational degree.

 

     (iv) The prisoner's institutional work record.

 

     (c) Other information considered relevant by the department.

 

     (2) In addition to the documents provided under subsection

 

(1), the department shall issue a certificate of employability

 

described in subsection (8) to a prisoner if all of the following

 

apply:

 

     (a) The prisoner, while incarcerated, successfully completed a

 

career and technical education course.or earned 1 or more of the

 

following:

 

     (i) A career and technical education course.

 

     (ii) At least 36 credit hours at an accredited postsecondary

 

educational institution.

 

     (iii) An associate or bachelor's degree from an accredited

 

postsecondary educational institution if at least 50% of the credit

 

hours for that degree were completed while the prisoner was

 

incarcerated.

 

     (b) The prisoner received no major misconducts during the 2

 

years immediately preceding his or her release.

 

     (c) The prisoner received no more than 3 minor misconducts

 

during the 2 years immediately preceding his or her release.

 

     (d) The prisoner received a silver level or better on his or

 

her national work readiness certificate, or a similar score, as

 

determined by the department, on an alternative job skills

 

assessment test administered by the department.


     (3) A certificate of employability must only be issued within

 

30 days before the prisoner is released from a correctional

 

facility under section 35 and is valid for 4 years after the date

 

it is issued unless otherwise revoked by the department. The

 

department shall revoke the certificate of employability if the

 

prisoner commits any criminal offense during the 30-day period

 

before release and may revoke the certificate of employability if

 

the prisoner has any institutional misconduct during that period.

 

The department shall revoke the certificate of employability of any

 

individual who commits a felony after receiving a certificate of

 

employability under this section and who is then placed under the

 

jurisdiction of the department for committing that felony.

 

     (4) The department shall provide an individual with an

 

opportunity to file a grievance related to the revocation of a

 

certificate of employability under subsection (3) through the

 

department's prisoner grievance system. The revocation of a

 

certificate of employability is effective when the individual is

 

notified of the revocation.

 

     (5) An individual shall not intentionally state or otherwise

 

represent that he or she has a valid certificate of employability

 

issued by the department knowing that the statement or

 

representation is false. An individual who violates this subsection

 

is guilty of a misdemeanor punishable by imprisonment for not more

 

than 93 days or a fine of not more than $500.00, or both.

 

     (6) The revocation of a certificate of employability is for

 

purposes of subsection (5) only and does not affect the right of an

 

employer to rely on the validity of the certificate of


employability unless the employer knew before the individual was

 

employed that the certificate of employability was fraudulent.

 

     (7) Upon request, the department shall confirm whether a

 

certificate of employability has been issued to a named individual

 

and whether the certificate is valid at the time of the inquiry and

 

at the time of the department's response to that inquiry.

 

     (8) A certificate of employability under this section must be

 

on a form provided by the department.

 

     (9) The department is not civilly liable for damages based

 

upon its decision to issue or to deny issuance of a certificate of

 

employability to any prisoner or for revoking or failing to revoke

 

a certificate of employability issued to any prisoner.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.