Bill Text: MI HB4138 | 2015-2016 | 98th Legislature | Engrossed

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Bill Title: Corrections; parole; criteria for placement on parole; modify. Amends secs. 11a, 20g, 33, 33e, 35, 39a & 40a of 1953 PA 232 (MCL 791.211a et seq.).

Spectrum: Slight Partisan Bill (Republican 4-2)

Status: (Introduced - Dead) 2015-10-06 - Referred To Committee On Government Operations [HB4138 Detail]

Download: Michigan-2015-HB4138-Engrossed.html

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HB-4138, As Passed House, October 1, 2015

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4138

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1953 PA 232, entitled

 

"Corrections code of 1953,"

 

by amending sections 11a, 20g, 33, 33e, and 35 (MCL 791.211a,

 

791.220g, 791.233, 791.233e, and 791.235), section 11a as amended

 

by 1998 PA 204, section 20g as amended by 2000 PA 211, section 33

 

as amended by 1998 PA 320, section 33e as added by 1992 PA 181, and

 

section 35 as amended by 2012 PA 24, and by adding section 1b.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1b. As used in this act:

 

     (a) "Board" or "parole board" means the parole board

 

established in section 31a.

 

     (b) "Department" means the department of corrections.

 

     Sec. 11a. (1) The director of corrections the department may

 

enter into contracts on behalf of this state as the director

considers appropriate to implement the participation of this state

 

in the interstate corrections compact pursuant to article III of

 

entered into under 1994 PA 92, MCL 3.981 to 3.984, under section 3

 

of the interstate corrections compact, 1994 PA 92, MCL 3.983. The

 

contracts may authorize confinement of prisoners in, or transfer of

 

prisoners from, correctional facilities under the jurisdiction of

 

the department of corrections. A contract shall not authorize the

 

confinement of a prisoner who is in the custody of the department

 

in an institution of a state other than a state that is a party to

 

the interstate corrections compact. When transferring prisoners to

 

institutions of other states under this section, the director shall

 

endeavor to ensure that the transfers do not disproportionately

 

affect groups of prisoners according to race, religion, color,

 

creed, or national origin.

 

     (2) The director of corrections the department shall first

 

determine, on the basis of an inspection made by his or her

 

direction, that an institution of another state is a suitable place

 

for confinement of prisoners committed to his or her custody before

 

entering into a contract permitting that confinement, and shall, at

 

least annually, redetermine the suitability of that confinement. In

 

determining the suitability of an institution of another state, the

 

director shall determine that the institution maintains standards

 

of care and discipline not incompatible with those of this state

 

and that all inmates confined in that institution are treated

 

equitably, regardless of race, religion, color, creed, or national

 

origin.

 

     (3) In considering transfers of prisoners out-of-state

 

pursuant to under the interstate corrections compact due to entered

 

into under 1994 PA 92, MCL 3.981 to 3.984, because of bed space

 

needs, the department shall do all of the following:

 

     (a) Consider first prisoners who volunteer to transfer as long

 

as if they meet the eligibility criteria for such the transfer.

 

     (b) Provide law library materials including Michigan Compiled

 

Laws, Michigan state and federal cases, and U.S. sixth circuit

 

court of appeals cases.

 

     (c) Not transfer a prisoner who has a significant medical or

 

mental health need.

 

     (d) Use objective criteria in determining which prisoners to

 

transfer.

 

     (4) Unless a prisoner consents in writing, a prisoner

 

transferred under the interstate corrections compact due to because

 

of bed space needs shall not be confined in another state for more

 

than 1 year.

 

     (5) A prisoner who is transferred to an institution of another

 

state under this section shall receive all of the following while

 

in the receiving state:

 

     (a) Mail services and access to the court.

 

     (b) Visiting and telephone privileges.

 

     (c) Occupational and vocational programs such as GED-ABE and

 

appropriate vocational programs for his or her level of custody.

 

     (d) Programs such as substance abuse use programs, sex

 

offender programs, and life skills development.

 

     (e) High school equivalency training and certification.

 

     (f) (e) Routine and emergency health care, dental care, and

 

mental health services.

 

     (6) One year after April 13, 1994 and annually after that

 

date, By April 13 of each year, the department shall report all of

 

the following to the senate and house committees responsible for

 

legislation concerning corrections and to the appropriations

 

subcommittees on corrections:

 

     (a) The number of prisoners transferred to or from

 

correctional facilities in this state pursuant to under the

 

interstate corrections compact entered into under 1994 PA 92, MCL

 

3.981 to 3.984.

 

     (b) The cost to the state of the transfers described in

 

subdivision (a).

 

     (c) The reasons for the transfers described in subdivision

 

(a).

 

     Sec. 20g. (1) The department may establish a youth

 

correctional facility which that shall house only prisoners

 

committed to the jurisdiction of the department who are 19 years of

 

age or less. If the department establishes or contracts with a

 

private vendor for the operation of a youth correctional facility,

 

following intake processing in a department operated facility, the

 

department shall house all male prisoners who are 16 years of age

 

or less at the youth correctional facility unless the department

 

determines that the prisoner should be housed at a different

 

facility for reasons of security, safety, or because of the

 

prisoner's specialized physical or mental health care needs.

 

     (2) Except as provided in subsection (3), a prisoner who is 16

 

years of age or less and housed at a youth correctional facility

 

established under subsection (1) shall only be placed in a general

 

population housing unit with prisoners who are 16 years of age or

 

less.

 

     (3) A prisoner who becomes 17 years of age while being housed

 

at a youth correctional facility established under subsection (1)

 

and who has a satisfactory prison record may remain in a general

 

population housing unit for no more than 1 year with prisoners who

 

are 16 years of age or less.

 

     (4) Except as provided in subsection (3), a prisoner who is 16

 

years of age or less and housed at a youth correctional facility

 

established under subsection (1) shall not be allowed to be in the

 

proximity of a prisoner who is 17 years of age or more without the

 

presence and direct supervision of custody personnel in the

 

immediate vicinity.

 

     (5) The department may establish and operate the youth

 

correctional facility under subsection (1) or may contract on

 

behalf of the state with a private vendor for the construction or

 

operation, or both, of the youth correctional facility. If the

 

department contracts with a private vendor to construct,

 

rehabilitate, develop, renovate, or operate any existing or

 

anticipated facility pursuant to under this section, the department

 

shall require a written certification from the private vendor

 

regarding all of the following:

 

     (a) If practicable to efficiently and effectively complete the

 

project, the private vendor shall follow a competitive bid process

 

for the construction, rehabilitation, development, or renovation of

 

the facility, and this process shall be open to all Michigan

 

residents and firms. The private vendor shall not discriminate

 

against any contractor on the basis of its affiliation or

 

nonaffiliation with any collective bargaining organization.

 

     (b) The private vendor shall make a good faith effort to

 

employ, if qualified, Michigan residents at the facility.

 

     (c) The private vendor shall make a good faith effort to

 

employ or contract with Michigan residents and firms to construct,

 

rehabilitate, develop, or renovate the facility.

 

     (6) If the department contracts with a private vendor for the

 

operation of the youth correctional facility under subsection (5),

 

the department shall require by contract that the personnel

 

employed by the private vendor in the operation of the facility be

 

certified as correctional officers to the same extent as would be

 

required if those personnel were employed in a correctional

 

facility operated by the department. The department also shall also

 

require by contract that the private vendor meet requirements

 

specified by the department regarding security, protection of the

 

public, inspections by the department, programming, liability and

 

insurance, conditions of confinement, educational services required

 

under subsection (11), and any other issues the department

 

considers necessary for the operation of the youth correctional

 

facility. The department shall also require that the contract

 

include provisions to protect the public's interest if the private

 

vendor defaults on the contract. Before finalizing a contract with

 

a private vendor for the construction or operation of the youth

 

correctional facility under subsection (5), the department shall

 

submit the proposed contract to the standing committees of the

 

senate and the house of representatives having jurisdiction of

 

corrections issues, the corrections subcommittees of the standing

 

committees on appropriations of the senate and the house of

 

representatives, and, with regard to proposed construction

 

contracts, the joint committee on capital outlay. A contract

 

between the department and a private vendor for the construction or

 

operation of the youth correctional facility shall be is contingent

 

upon appropriation of the required funding. If the department

 

contracts with a private vendor under this section, the selection

 

of that private vendor shall be by open, competitive bid.

 

     (7) The department shall not site a youth correctional

 

facility under this section in a city, village, or township unless

 

the local legislative body of that city, village, or township

 

adopts a resolution approving the location.

 

     (8) A private vendor operating a youth correctional facility

 

under a contract under this section shall not do any of the

 

following, unless directed to do so by the department policy:

 

     (a) Calculate inmate release and parole eligibility dates.

 

     (b) Award good time or disciplinary credits, or impose

 

disciplinary time.

 

     (c) Approve inmates for extensions of limits of confinement.

 

     (9) The youth correctional facility shall be open to visits

 

during all business hours, and during nonbusiness hours unless an

 

emergency prevents it, by any elected state senator or state

 

representative.

 

     (10) Once each year, the department shall report on the

 

operation of the facility. Copies of The department shall submit

 

the report shall be submitted to the chairpersons of the house and

 

senate committees responsible for legislation on corrections or

 

judicial issues, and to the clerk of the house of representatives

 

and the secretary of the senate.

 

     (11) Regardless of whether the department itself operates the

 

youth correctional facility established under subsection (1) or

 

contracts with a private vendor to operate the youth correctional

 

facility under subsection (5), all of the following educational

 

services shall be provided for juvenile prisoners housed at the

 

facility who have not earned a high school diploma or received a

 

general education certificate (GED):

 

     (a) The department or private vendor shall require that a

 

prisoner whose academic achievement level is not sufficient to

 

allow the prisoner to participate effectively in a program leading

 

to the attainment of a GED certificate participate in classes that

 

will prepare him or her to participate effectively in the GED

 

program, high school equivalency certification, and shall provide

 

those classes in the facility.

 

     (b) The department or private vendor shall require that a

 

prisoner who successfully completes classes described in

 

subdivision (a), or whose academic achievement level is otherwise

 

sufficient, participate in classes leading to the attainment of a

 

GED certificate, high school equivalency certification, and shall

 

provide those classes.

 

     (12) Neither the department nor the private vendor shall seek

 

to have the youth correctional facility authorized as a public

 

school academy under the revised school code, 1976 PA 451, MCL

 

380.1 to 380.1852.

 

     (13) A private vendor that operates the youth correctional

 

facility under a contract with the department shall provide written

 

notice of its intention to discontinue its operation of the

 

facility. This subsection does not authorize or limit liability for

 

a breach or default of contract. If the reason for the

 

discontinuance is that the private vendor intends not to renew the

 

contract, the notice shall be delivered to the director of the

 

department at least 1 year before the contract expiration date. If

 

the discontinuance is for any other reason, the notice shall be

 

delivered to the director of the department at least 6 months

 

before the date on which that the private vendor will discontinue

 

its operation of the facility. This subsection does not authorize

 

or limit liability for a breach or default of contract.

 

     Sec. 33. (1) The grant of a parole is subject to all of the

 

following:

 

     (a) A prisoner shall not be given liberty on parole until the

 

board has reasonable assurance, after consideration of all of the

 

facts and circumstances, including the prisoner's mental and social

 

attitude, that the prisoner will not become a menace to society or

 

to the public safety.

 

     (b) Except as provided in section 34a, a parole shall not be

 

granted to a prisoner other than a prisoner subject to disciplinary

 

time until the prisoner has served the minimum term imposed by the

 

court less allowances for good time or special good time to which

 

the prisoner may be entitled by statute, except that a prisoner

 

other than a prisoner subject to disciplinary time is eligible for

 

parole before the expiration of his or her minimum term of

 

imprisonment whenever if the sentencing judge, or the judge's

 

successor in office, gives written approval of the parole of the

 

prisoner before the expiration of the minimum term of imprisonment.

 

     (c) Except as provided in section 34a, and notwithstanding the

 

provisions of subdivision (b), a parole shall not be granted to a

 

prisoner other than a prisoner subject to disciplinary time

 

sentenced for the commission of a crime described in section 33b(a)

 

to (cc) until the prisoner has served the minimum term imposed by

 

the court less an allowance for disciplinary credits as provided in

 

section 33(5) of 1893 PA 118, MCL 800.33. A prisoner described in

 

this subdivision is not eligible for special parole.

 

     (d) Except as provided in section 34a, a parole shall not be

 

granted to a prisoner subject to disciplinary time until the

 

prisoner has served the minimum term imposed by the court.

 

     (e) A prisoner shall not be released on parole until the

 

parole board has satisfactory evidence that arrangements have been

 

made for such honorable and useful employment as the prisoner is

 

capable of performing, for the prisoner's education, or for the

 

prisoner's care if the prisoner is mentally or physically ill or

 

incapacitated.

 

     (f) A prisoner whose minimum term of imprisonment is 2 years

 

or more shall not be released on parole unless he or she has either

 

earned a high school diploma or earned its equivalent in the form

 

of a general education development (GED) a high school equivalency

 

certificate. The director of the department may waive the

 

restriction imposed by this subdivision as to any for a prisoner

 

who is over the age of 65 or who was gainfully employed immediately

 

before committing the crime for which he or she was incarcerated.

 

The department of corrections may also waive the restriction

 

imposed by this subdivision as to any for a prisoner who has a

 

learning disability, who does not have the necessary proficiency in

 

English, or who for some other reason that is not the fault of the

 

prisoner is unable to successfully complete the requirements for a

 

high school diploma or a general education development high school

 

equivalency certificate. If the prisoner does not have the

 

necessary proficiency in English, the department of corrections

 

shall provide English language training for that prisoner necessary

 

for the prisoner to begin working toward the completion of the

 

requirements for a general education development high school

 

equivalency certificate. This subdivision applies to prisoners

 

sentenced for crimes committed after December 15, 1998. In

 

providing an educational program leading to a high school degree or

 

general education development high school equivalency certificate,

 

the department shall give priority to prisoners sentenced for

 

crimes committed on or before December 15, 1998.

 

     (2) Paroles-in-custody to answer warrants filed by local or

 

out-of-state agencies, or immigration officials, are permissible if

 

an accredited agent of the agency filing the warrant calls for the

 

prisoner to be paroled in custody.

 

     (3) Pursuant to Under the administrative procedures act of

 

1969, 1969 PA 306, MCL 24.201 to 24.328, the parole board may

 

promulgate rules not inconsistent with this act with respect to

 

conditions to be imposed upon prisoners paroled under this act.

 

     Sec. 33e. (1) The department shall develop parole guidelines

 

that are consistent with section 33(1)(a) and that shall to govern

 

the exercise of the parole board's discretion pursuant to under

 

sections 34 and 35 as to the release of prisoners on parole under

 

this act. The purpose of the parole guidelines shall be is to

 

assist the parole board in making release decisions that enhance

 

the public safety.

 

     (2) In developing the parole guidelines, the department shall

 

consider factors including, but not limited to, the following:

 

     (a) The offense for which the prisoner is incarcerated at the

 

time of parole consideration.

 

     (b) The prisoner's institutional program performance.

 

     (c) The prisoner's institutional conduct.

 

     (d) The prisoner's prior criminal record. As used in this

 

subdivision, "prior criminal record" means the recorded criminal

 

history of a prisoner, including all misdemeanor and felony

 

convictions, probation violations, juvenile adjudications for acts

 

that would have been crimes if committed by an adult, parole

 

failures, and delayed sentences.

 

     (e) Other relevant factors as determined by the department, if

 

not otherwise prohibited by law.

 

     (3) In developing the parole guidelines, the department may

 

consider both of the following factors:

 

     (a) The prisoner's statistical risk screening.

 

     (b) The prisoner's age.

 

     (4) The department shall ensure that the parole guidelines do

 

not create disparities in release decisions based on race, color,

 

national origin, gender, religion, or disability.

 

     (5) The department shall promulgate rules pursuant to under

 

the administrative procedures act of 1969, Act No. 306 of the

 

Public Acts of 1969, being sections 24.201 to 24.328 of the

 

Michigan Compiled Laws, which shall 1969 PA 306, MCL 24.201 to

 

24.328, that prescribe the parole guidelines. The department shall

 

submit the proposed rules to the joint committee on administrative

 

rules not later than April 1, 1994. Until the rules take effect,

 

the director shall require that the parole guidelines be considered

 

by the parole board in making release decisions. After the rules

 

take effect, the director shall require that the parole board

 

follow the parole guidelines.

 

     (6) The parole board may depart from the parole guidelines by

 

denying parole to a prisoner who has a high probability of parole

 

as determined under the parole guidelines or by granting parole to

 

a prisoner who has a low probability of parole as determined under

 

the parole guidelines. A departure under this subsection shall be

 

for substantial and compelling reasons stated in writing. The

 

parole board shall not use a prisoner's gender, race, ethnicity,

 

alienage, national origin, or religion to depart from the

 

recommended parole guidelines.

 

     (7) In order to facilitate the efficient administration of the

 

department and not to create a liberty interest in or expectation

 

of parole, it is presumed that a prisoner who scores high

 

probability of parole on the parole guidelines, except for a

 

prisoner serving a life sentence, is not a menace to society or the

 

public safety and shall be released upon serving the minimum

 

sentence imposed by the court. Substantial and compelling reasons

 

for a departure from the parole guidelines for a prisoner with a

 

high probability of parole are limited to the following

 

circumstances:

 

     (a) The prisoner has an institutional conduct score lower than

 

-1 on the parole guidelines.

 

     (b) There is objective and verified evidence of substantial

 

harm to a victim that could not have been available for

 

consideration at the time of sentencing, or the prisoner has

 

threatened to harm another person if released.

 

     (c) The prisoner has a pending felony charge or detainer.

 

     (d) There is objective and verified evidence of post-

 

sentencing conduct, not already scored in the parole guidelines,

 

that demonstrates that the prisoner would present a high risk to

 

public safety if paroled.

 

     (e) The prisoner has been identified in the federal Combined

 

DNA Index System (CODIS) and linked to an unsolved criminal

 

violation. The parole board may deny a prisoner's release on parole

 

beyond the service of his or her minimum sentence for not more than

 

18 months from the date the prisoner was identified through CODIS.

 

     (f) The release of the prisoner is otherwise barred by law.

 

     (8) The parole board may defer release upon the service of the

 

prisoner's minimum sentence under subsection (7) for not more than

 

4 months to allow the prisoner to complete a treatment program that

 

is reasonably necessary to reduce the risk to public safety from

 

the prisoner's release.

 

     (9) The parole board shall conduct a review of a prisoner,

 

except for prisoners serving a life sentence, who has been denied

 

release as follows:

 

     (a) If the prisoner scored high or average probability of

 

release, conduct a review not less than annually.

 

     (b) If the prisoner scored low probability of release, conduct

 

a review not less than every 2 years until a score of high or

 

average probability is attained.

 

     (10) (7) Not less than once every 2 years, the department

 

shall review the correlation between the implementation of the

 

parole guidelines and the recidivism rate of paroled prisoners, and

 

shall submit to the joint committee on administrative rules and the

 

criminal justice policy commission created under section 32a of

 

chapter IX of the code of criminal procedure, 1927 PA 175, MCL

 

769.32a, any proposed revisions to the administrative rules that

 

the department considers appropriate after conducting the review.

 

     (11) By March 1 of each year, the department shall report to

 

the standing committees of the senate and the house of

 

representatives having jurisdiction of corrections issues and the

 

criminal justice policy commission described in subsection (10) all

 

of the following information:

 

     (a) The number of prisoners subject to subsection (7) who were

 

granted parole during the preceding calendar year.

 

     (b) The number of prisoners subject to subsection (7) for whom

 

parole was deferred to complete necessary programming during the

 

preceding calendar year.

 

     (c) The number of prisoners subject to subsection (7) who were

 

incarcerated at least 4 months past their first parole eligibility

 

date as of December 31 of the preceding calendar year.

 

     (d) The number of prisoners subject to subsection (7) who were

 

denied parole for a reason, or reasons, under subsection (7)(a)

 

through (f), during the preceding calendar year. This information

 

shall be provided with a breakdown of parole denials for each of

 

the following reasons:

 

     (i) The prisoner had an institutional conduct score lower than

 

-1 on the parole guidelines.

 

     (ii) There was objective and verified evidence of substantial

 

harm to a victim that could not have been available for

 

consideration at the time of the prisoner's sentencing.

 

     (iii) The prisoner had a pending felony charge or detainer.

 

     (iv) There was objective and verified evidence of post-

 

sentencing conduct, not scored in the parole guidelines, that

 

demonstrated that the prisoner would present a high risk to public

 

safety if paroled.

 

     (v) The prisoner was identified in the federal Combined DNA

 

Index System (CODIS) and linked to an unsolved criminal violation

 

and the parole board denied his or her release on parole beyond the

 

service of his or her minimum sentence under subsection (7)(e).

 

     (vi) The release of the prisoner was otherwise barred by law.

 

     (e) The number of prisoners subject to subsection (7) who were

 

denied parole whose controlling offense is in each of the following

 

groups:

 

     (i) Homicide.

 

     (ii) Sexual offense.

 

     (iii) An assaultive offense other than a homicide or sexual

 

offense.

 

     (iv) A nonassaultive offense.

 

     (v) A controlled substance offense.

 

     (f) Of the total number of prisoners subject to subsection (7)

 

who were denied parole, the number who were subject to subsection

 

(7) for the following time periods:

 

     (i) Less than one year.

 

     (ii) One year or more but less than 2 years.

 

     (iii) Two years or more but less than 3 years.

 

     (iv) Three years or more but less than 4 years.

 

     (v) Four or more years.

 

     (g) The department shall immediately advise the standing

 

committees of the senate and house of representatives having

 

jurisdiction of corrections issues and the criminal justice policy

 

commission described in subsection (10) of any changes made to the

 

scoring of the parole guidelines after the effective date of the

 

amendatory act that added this subdivision, including a change in

 

the number of points that define "high probability of parole".

 

     (12) Subsections (7) and (8) as amended or added by the

 

amendatory act that added this subsection apply only to prisoners

 

whose controlling offense was committed on or after the effective

 

date of the amendatory act that added this subsection. Subsections

 

(7) and (8) do not apply to a prisoner serving a life sentence,

 

regardless of the date of his or her controlling offense.

 

     Sec. 35. (1) The release of a prisoner on parole shall be

 

granted solely upon the initiative of the parole board. There is no

 

entitlement to parole. The parole board may grant a parole without

 

interviewing the prisoner . However, beginning 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 January 26, 1996, if, 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 is not 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 The parole board shall not deny 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 in writing and 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 under 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.

 

     (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, the

 

appropriate institutional staff shall prepare a parole eligibility

 

report. shall be prepared by appropriate institutional staff. The

 

parole eligibility report shall be is considered pertinent

 

information for purposes of subsection (5). The report shall must

 

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 this 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) For a prisoner subject to disciplinary time, a statement

 

of all disciplinary time submitted for the parole board's

 

consideration under section 34 of 1893 PA 118, MCL 800.34.

 

     (g) The result on any validated risk assessment instrument.

 

     (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 on 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 file 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 parole board shall provide 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).

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.