Bill Text: MI HB5080 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Crime victims; rights; crimes victim's right to give oral statement to parole board; amend in certain cases. Amends secs. 19 & 21 of 1985 PA 87 (MCL 780.769 & 780.771). TIE BAR WITH: HB 5078'15, HB 5079'15

Spectrum: Moderate Partisan Bill (Republican 16-5)

Status: (Introduced - Dead) 2016-05-19 - Re-referred To Committee On Appropriations [HB5080 Detail]

Download: Michigan-2015-HB5080-Introduced.html

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HOUSE BILL No. 5080

 

 

November 10, 2015, Introduced by Reps. Pagel, Pscholka, Poleski, Bumstead, Durhal, Victory, Heise, Muxlow, VerHeulen, Outman, Cox, Garcia, Santana, Jenkins, Vaupel, Canfield, Yanez, Chang, Howrylak, Irwin and Forlini and referred to the Committee on Appropriations.

 

     A bill to amend 1985 PA 87, entitled

 

"William Van Regenmorter crime victim's rights act,"

 

by amending sections 19 and 21 (MCL 780.769 and 780.771), as

 

amended by 2012 PA 564.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 19. (1) Upon the written request of any individual who

 

was a victim of the defendant's course of conduct that gave rise to

 

the conviction, the sheriff or the department of corrections shall

 

mail to that victim the following, as applicable, about a prisoner

 

who has been sentenced to imprisonment under the jurisdiction of

 

the sheriff or the department for that crime:

 

     (a) Within 30 days after the request, notice of the sheriff's

 

calculation of the prisoner's earliest release date or the

 

department's calculation of the prisoner's earliest parole

 

eligibility date, with all potential good time or disciplinary

credits considered, if the sentence of imprisonment exceeds 90

 

days.

 

     (b) Notice of the prisoner's transfer or pending transfer to a

 

minimum security facility and the facility's address.

 

     (c) Notice of the prisoner's release or pending release in a

 

community residential program or under furlough; any other transfer

 

to community status; any transfer from 1 community residential

 

program or electronic monitoring program to another; or any

 

transfer from a community residential program or electronic

 

monitoring program to a state correctional facility.

 

     (d) Notice that the person accused, convicted, or imprisoned

 

for committing a crime against the victim has escaped from custody,

 

as provided in section 20.

 

     (e) Notice of both all of the following:

 

     (i) The victim's right to address or submit a written

 

statement for consideration by a parole board member or a member of

 

any other panel having authority over the prisoner's release on

 

parole during the time the prisoner's release on parole or

 

commutation of sentencing is being considered, as provided in

 

section 21.

 

     (ii) The victim's right to address the parole board and to

 

present exhibits or other photographic or documentary information

 

to the parole board including at a commutation hearing, as provided

 

in section 21.

 

     (iii) The victim's right to submit a written request that he

 

or she be allowed to address the parole board and present exhibits

 

or other photographic or documentary evidence to the parole board

 

in cases in which a prisoner is being considered for parole under

 

section 35(10) of the corrections code of 1953, MCL 791.235, as

 

provided in section 21.

 

     (f) Notice of the decision of the parole board, or any other

 

panel having authority over the prisoner's release on parole, after

 

a parole review, as provided in section 21.

 

     (g) Notice of the release of a prisoner 90 days before the

 

date of the prisoner's discharge from prison, unless the notice has

 

been otherwise provided under this article.

 

     (h) Notice that the prisoner has applied for a reprieve,

 

commutation, or pardon and the parole board has decided to consider

 

the application.

 

     (i) Notice of a public hearing under section 44 of the

 

corrections code of 1953, 1953 PA 232, MCL 791.244, regarding a

 

reprieve, commutation, or pardon of the prisoner's sentence by the

 

governor.

 

     (j) Notice that a reprieve, commutation, or pardon has been

 

granted or denied upon conclusion of a public hearing.

 

     (k) Notice that a prisoner has had his or her name legally

 

changed while on parole or within 2 years after release from

 

parole.

 

     (l) Notice that a prisoner has been convicted of a new crime.

 

     (m) Notice that a prisoner has been returned from parole

 

status to a correctional facility due to an alleged violation of

 

the conditions of his or her parole.

 

     (n) Notice that the prisoner, including a parolee, has died.

 

However, the notification requirements of this subdivision apply to

 

the death of a parolee only if the department is aware that the

 

parolee has died.

 

     (2) A victim's address and telephone number maintained by a

 

sheriff or the department of corrections upon a request for notice

 

under this section are exempt from disclosure under the freedom of

 

information act, 1976 PA 442, MCL 15.231 to 15.246, and shall not

 

be released.

 

     Sec. 21. (1) A victim has the right to do both all of the

 

following:

 

     (a) To address or submit a written statement for consideration

 

by a parole board member or a member of any other panel having

 

authority over the prisoner's release on parole during the time the

 

prisoner's release on parole or commutation of sentencing is being

 

considered.

 

     (b) To address the parole board and to present exhibits or

 

other photographic or documentary information to the parole board

 

including at a commutation hearing.

 

     (c) In cases in which a prisoner is being considered for

 

parole under section 35(10) of the corrections code of 1953, MCL

 

791.235, within 30 days of receiving the notice required under

 

section 19, a victim may submit a written request that he or she be

 

allowed to address the parole board and present exhibits or other

 

photographic or documentary evidence to the parole board. The board

 

shall grant requests made under this subdivision.

 

     (2) Not less than 30 days before a review of the prisoner's

 

release, a victim who has requested notice under section 19(1)(f)

 

shall be given written notice by the department of corrections

 

informing the victim of the pending review and of victims' rights

 

under this section. The victim, at his or her own expense, may be

 

represented by counsel at the review.

 

     (3) A victim shall receive notice of the decision of the board

 

or panel and, if applicable, notice of the date of the prisoner's

 

release on parole. Notice shall be mailed within a reasonable time

 

after the board or panel reaches its decision but not later than 14

 

days after the board or panel has reached its decision. The notice

 

shall include a statement of the victim's right to appeal a parole

 

decision, as allowed under section 34 of the corrections code of

 

1953, 1953 PA 232, MCL 791.234.

 

     (4) A record of an oral statement or a written statement made

 

under subsection (1) is exempt from disclosure under the freedom of

 

information act, 1976 PA 442, MCL 15.231 to 15.246, and shall not

 

be released.

 

     Enacting section 1. This amendatory act does not take effect

 

unless all of the following bills of the 98th Legislature are

 

enacted into law:

 

     (a) Senate Bill No. ____ or House Bill No. 5078 (request no.

 

02406'15).

 

     (b) Senate Bill No. ____ or House Bill No. 5079 (request no.

 

02505'15).