SB-0012, As Passed House, March 8, 2017

SB-0012, As Passed Senate, February 2, 2017

SUBSTITUTE FOR

SENATE BILL NO. 12

     A bill to amend 1953 PA 232, entitled

"Corrections code of 1953,"

by amending section 44 (MCL 791.244), as amended by 1999 PA 191,

and by adding section 44a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 44. (1) Subject to the constitutional authority of the

governor to grant reprieves, commutations, and pardons, 1 member of

the parole board shall interview a prisoner serving a sentence for

murder in the first degree or a sentence of imprisonment for life

without parole at the conclusion of 10 calendar years and

thereafter as determined appropriate by the parole board, until

such time as the prisoner is granted a reprieve, commutation, or

pardon by the governor, or is deceased. The interview schedule

prescribed in this subsection applies to all prisoners to whom this

section is applicable, or section 44a applies, regardless of when

they were sentenced.

     (2) Upon Except in cases in which a commutation is requested

based in part on a prisoner's medical condition and in which the

governor has requested that the parole board expedite its review

and hearing process under section 44a, upon its own initiation of,

or upon receipt of any an application for, a reprieve, commutation,

or pardon, the parole board shall do all of the following, as

applicable:

     (a) Not more than 60 days after receipt of an application,

conduct a review to determine whether the application for a

reprieve, commutation, or pardon has merit.

     (b) Deliver either the written documentation of the initiation

or the original application with the parole board's determination

regarding merit, to the governor and retain a copy of each in its

file, pending an investigation and hearing.

     (c) Within 10 days after initiation, or after determining that

an application has merit, forward to the sentencing judge and to

the prosecuting attorney of the county having original jurisdiction

of the case, or their successors in office, a written notice of the

filing of the application or initiation, together with copies of

the application or initiation, any supporting affidavits, and a

brief summary of the case. Within Not more than 30 days after

receipt of notice of the filing of any application or initiation,

the sentencing judge and the prosecuting attorney, or their

successors in office, may file information at their disposal,

together with any objections, in writing. , which they may desire

to interpose. If the sentencing judge and the prosecuting attorney,

or their successors in office, do not respond within after not more

than 30 days, the parole board shall proceed on the application or

initiation.

     (d) If an application or initiation for commutation is based

on physical or mental incapacity, direct the bureau of health care

services to evaluate the condition of the prisoner and report on

that condition. If the bureau of health care services determines

that the prisoner is physically or mentally incapacitated, the

bureau shall appoint a specialist in the appropriate field of

medicine , who is not employed by the department , to evaluate the

condition of the prisoner and to report on that condition. These

reports are protected by the doctor-patient privilege of

confidentiality, except that these reports shall be provided to the

governor for his or her review.

     (e) Within 270 days after initiation by the parole board or

receipt of an application that the parole board has determined to

have merit pursuant to under subdivision (a), make a full

investigation and determination on whether or not to proceed to a

public hearing.

     (f) Conduct a public hearing not later than 90 days after

making a decision to proceed with consideration of a recommendation

for the granting of a reprieve, commutation, or pardon. The public

hearing shall must be held before a formal recommendation is

transmitted to the governor. One member of the parole board who

will be involved in the formal recommendation may conduct the

hearing, and the public shall must be represented by the attorney

general or a member of the attorney general's staff.

     (g) At least Not fewer than 30 days before conducting the

public hearing, provide written notice of the public hearing by

mail to the attorney general, the sentencing trial judge, and the

prosecuting attorney, or their successors in office, and each

victim who requests notice pursuant to under the William Van

Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.751 to

780.834.

     (h) Conduct the public hearing pursuant to under the rules

promulgated by the department. Except as otherwise provided in this

subdivision, any a person having information in connection with the

pardon, commutation, or reprieve shall must be sworn as a witness.

A person who is a victim shall must be given an opportunity to

address and be questioned by the parole board at the hearing or to

submit written testimony for the hearing. In hearing testimony, the

parole board shall give liberal construction to any technical rules

of evidence.

     (i) Transmit its formal recommendation to the governor.

     (j) Make all data in its files available to the governor if

the parole board recommends the granting of a reprieve,

commutation, or pardon.

     (3) Except for medical records protected by the doctor-patient

privilege of confidentiality, the files of the parole board in

cases under this section shall be are matters of public record.

     Sec. 44a. (1) Upon a request from the governor under this

section to expedite the review and hearing process for a reprieve,

commutation, or pardon based in part on a prisoner's medical

condition, the parole board shall do all of the following, as

applicable:

     (a) Not more than 10 days after receipt of an application,

conduct a review to determine whether the application for a

reprieve, commutation, or pardon has merit.

     (b) Deliver either the written documentation of the initiation

or the original application with the parole board's determination

regarding merit to the governor and retain a copy of each in its

file, pending an investigation and hearing.

     (c) Within 5 days after initiation, or after determining that

an application has merit, forward to the sentencing judge and to

the prosecuting attorney of the county having original jurisdiction

of the case, or their successors in office, a written notice of the

filing of the application or initiation, together with copies of

the application or initiation, any supporting affidavits, and a

brief summary of the case. Not more than 30 days after receipt of

notice of the filing of any application or initiation, the

sentencing judge and the prosecuting attorney, or their successors

in office, may file information at their disposal, together with

any objections, in writing. If the sentencing judge and the

prosecuting attorney, or their successors in office, do not respond

after not more than 30 days, the parole board shall proceed on the

application or initiation.

     (d) Direct the bureau of health care services to evaluate the

physical and mental condition of the prisoner and report on that

condition. If the bureau of health care services determines that

the prisoner is physically or mentally incapacitated, the bureau

shall appoint a specialist in the appropriate field of medicine who

is not employed by the department to evaluate the condition of the

prisoner and to report on that condition. These reports are

protected by the doctor-patient privilege of confidentiality,

except that they shall be provided to the governor for his or her

review.

     (e) Not more than 90 days after initiation by the parole board

or receipt of an application that the parole board has determined

to have merit under subdivision (a), make a full investigation and

determination on whether or not to proceed to a public hearing.

     (f) Conduct a public hearing not later than 90 days after

making a decision to proceed with consideration of a recommendation

for the granting of a reprieve, commutation, or pardon. The public

hearing shall be held before a formal recommendation is transmitted

to the governor. One member of the parole board who will be

involved in the formal recommendation may conduct the hearing, and

the public must be represented by the attorney general or a member

of the attorney general's staff.

     (g) Not fewer than 30 days before conducting the public

hearing, provide written notice of the public hearing by mail to

the attorney general, the sentencing judge, and the prosecuting

attorney, or their successors in office, and each victim who

requests notice under the William Van Regenmorter crime victim's

rights act, 1985 PA 87, MCL 780.751 to 780.834.

     (h) Conduct the public hearing under the rules promulgated by

the department. Except as otherwise provided in this subdivision,

any person having information in connection with the pardon,

commutation, or reprieve must be sworn as a witness. A person who

is a victim must be given an opportunity to address and be

questioned by the parole board at the hearing or to submit written

testimony for the hearing. In hearing testimony, the parole board

shall give liberal construction to any rules of evidence.

     (i) Transmit its formal recommendation to the governor.

     (j) Make all data in its files available to the governor if

the parole board recommends the granting of a reprieve,

commutation, or pardon.

     (2) Except for medical records protected by the doctor-patient

privilege of confidentiality, the files of the parole board in

cases under this section are matters of public record.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.