Bill Text: MI HB4670 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Corrections: prisoners; provision of prison code relating to productivity time credit system; create. Amends 1893 PA 118 (MCL 800.33 - 800.61) by adding sec. 33a.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Introduced - Dead) 2021-11-09 - Referred To Second Reading [HB4670 Detail]
Download: Michigan-2021-HB4670-Introduced.html
HOUSE BILL NO. 4670
A bill to amend 1893 PA 118, entitled
"An act to revise and consolidate the laws relative to state prisons, to state houses of correction, and branches of state prisons and reformatories, and the government and discipline thereof and to repeal all acts inconsistent therewith,"
(MCL 800.33 to 800.61) by adding section 33a.
the people of the state of michigan enact:
Sec. 33a. (1) A prisoner subject to disciplinary time who is sentenced on or after the effective date of the amendatory act that added this section is eligible to earn productivity credits. Productivity credits must be earned and forfeited as provided in this section. Accumulated productivity credits must be deducted from a prisoner's minimum and maximum sentence to determine his or her parole eligibility date and discharge date.
(2) Except as provided under subsections (4) and (5) and subject to subsections (6) and (7), the department of corrections shall award a prisoner who is eligible to earn productivity credits under subsection (1) productivity credits as follows:
(a) For each month the prisoner maintains enrollment in a program recommended by the department of corrections or an educational or vocational program, 20 days.
(b) For each month the prisoner maintains voluntary enrollment in a program approved by the department of corrections under subsection (8), 10, 15, or 20 days as determined by the department.
(3) Except as provided under subsection (5) and subject to subsection (7), the department of corrections shall award a prisoner who is eligible to earn productivity credits under subsection (1) productivity credits as follows:
(a) If the prisoner successfully completes a department recommended program under subsection (2)(a) or an educational or vocational program under subsection (2)(a) that does not result in a high school diploma, high school equivalency certificate, or higher education degree, 90 days upon the successful completion of the program.
(b) If the prisoner earns a high school diploma, high school equivalency certificate, or higher education degree, 120 days upon earning the diploma, certificate, or degree.
(c) If the prisoner successfully completes a program approved by the department under subsection (2)(b), no more than 90 days upon the successful completion of that program.
(4) The department of corrections shall not award a prisoner productivity credits under subsection (2) during any month in which the prisoner is found guilty of having committed a major misconduct. The amount of productivity credits not awarded as a result of being found guilty of a major misconduct must be limited to the productivity credits that would have been earned for the month in which the major misconduct occurred.
(5) The department of corrections shall not award a prisoner productivity credits for any period during which the prisoner meets either of the following:
(a) The prisoner has received a score of very high risk on the prisoner's most recent validated risk and needs assessment.
(b) The prisoner is assigned to a housing unit having a security classification of V or VI as described under section 42.
(6) A prisoner may not earn more than an aggregate of 100 days of productivity credits for enrollment in a program under subsection (2).
(7) The department of corrections shall not award productivity credits in an amount greater than 20% of the prisoner's minimum sentence, or 2 years, whichever is the shorter amount of time.
(8) The department of corrections may, at its sole discretion, approve additional programs for a prisoner to earn productivity credits under subsections (2)(b) and (3)(c) if research and evidence indicate the program improves rehabilitation, behavioral, or post-release prisoner outcomes. If the department approves a program under this subsection, it may assign a monthly productivity credit award of 10, 15, or 20 days as described under subsection (2)(b) and a completion productivity credit of not more than 90 days as described under subsection (3)(c).
(9) If a prisoner has been sentenced concurrently for separate convictions, the prisoner's productivity credits are computed on the basis of the longest of the concurrent sentences. If a prisoner is serving consecutive sentences for separate convictions, the prisoner's productivity credits are computed and accumulated on each sentence individually.
(10) This section does not allow productivity credits for a commuted sentence unless the executive order commuting the sentence stipulates to the credit.
(11) This section does not apply to a prisoner sentenced to imprisonment for life without parole and does not apply to a prisoner sentenced for a conviction under section 316, 317, 520b, 520c, 520d, 520e, 520g, 462b, 462c, 462d, or 462e of the Michigan penal code, 1931 PA 328, MCL 750.316, 750.317, 750.520b, 750.520c, 750.520d, 750.520e, 750.520g, 750.462b, 750.462c, 750.462d, or 750.462e.
(12) The department of corrections shall promulgate rules pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, prescribing the minimum standards to earn and the procedure for awarding productivity credits under this section.
