Bill Text: MI HB5273 | 2015-2016 | 98th Legislature | Engrossed
Bill Title: Corrections; other; veto power for successor judges related to certain parole decisions; eliminate. Amends sec. 34 of 1953 PA 232 (MCL 791.234).
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2016-12-28 - Assigned Pa 354'16 With Immediate Effect [HB5273 Detail]
Download: Michigan-2015-HB5273-Engrossed.html
HB-5273, As Passed House, May 12, 2016
SUBSTITUTE FOR
HOUSE BILL NO. 5273
A bill to amend 1953 PA 232, entitled
"Corrections code of 1953,"
by amending section 34 (MCL 791.234), as amended by 2010 PA 353.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 34. (1) Except as provided in section 34a, a prisoner
sentenced to an indeterminate sentence and confined in a state
correctional facility with a minimum in terms of years other than a
prisoner subject to disciplinary time is subject to the
jurisdiction of the parole board when the prisoner has served a
period of time equal to the minimum sentence imposed by the court
for the crime of which he or she was convicted, less good time and
disciplinary credits, if applicable.
(2) Except as provided in section 34a, a prisoner subject to
disciplinary time sentenced to an indeterminate sentence and
confined in a state correctional facility with a minimum in terms
of years is subject to the jurisdiction of the parole board when
the prisoner has served a period of time equal to the minimum
sentence imposed by the court for the crime of which he or she was
convicted.
(3) If a prisoner other than a prisoner subject to
disciplinary time is sentenced for consecutive terms, whether
received at the same time or at any time during the life of the
original sentence, the parole board has jurisdiction over the
prisoner for purposes of parole when the prisoner has served the
total time of the added minimum terms, less the good time and
disciplinary credits allowed by statute. The maximum terms of the
sentences shall be added to compute the new maximum term under this
subsection, and discharge shall be issued only after the total of
the maximum sentences has been served less good time and
disciplinary credits, unless the prisoner is paroled and discharged
upon satisfactory completion of the parole.
(4) If a prisoner subject to disciplinary time is sentenced
for consecutive terms, whether received at the same time or at any
time during the life of the original sentence, the parole board has
jurisdiction over the prisoner for purposes of parole when the
prisoner has served the total time of the added minimum terms. The
maximum terms of the sentences shall be added to compute the new
maximum term under this subsection, and discharge shall be issued
only after the total of the maximum sentences has been served,
unless the prisoner is paroled and discharged upon satisfactory
completion of the parole.
(5) If a prisoner other than a prisoner subject to
disciplinary time has 1 or more consecutive terms remaining to
serve in addition to the term he or she is serving, the parole
board may terminate the sentence the prisoner is presently serving
at any time after the minimum term of the sentence has been served.
(6) A prisoner sentenced to imprisonment for life for any of
the following is not eligible for parole and is instead subject to
the provisions of section 44:
(a) First degree murder in violation of section 316 of the
Michigan penal code, 1931 PA 328, MCL 750.316.
(b) A violation of section 16(5) or 18(7) of the Michigan
penal code, 1931 PA 328, MCL 750.16 and 750.18.
(c) A violation of chapter XXXIII of the Michigan penal code,
1931 PA 328, MCL 750.200 to 750.212a.
(d) A violation of section 17764(7) of the public health code,
1978 PA 368, MCL 333.17764.
(e) First degree criminal sexual conduct in violation of
section 520b(2)(c) of the Michigan penal code, 1931 PA 328, MCL
750.520b.
(f) Any other violation for which parole eligibility is
expressly denied under state law.
(7) A prisoner sentenced to imprisonment for life, other than
a prisoner described in subsection (6), is subject to the
jurisdiction of the parole board and may be placed on parole
according to the conditions prescribed in subsection (8) if he or
she meets any of the following criteria:
(a) Except as provided in subdivision (b) or (c), the prisoner
has served 10 calendar years of the sentence for a crime committed
before October 1, 1992 or 15 calendar years of the sentence for a
crime committed on or after October 1, 1992.
(b) Except as provided in subsection (12), the prisoner has
served 20 calendar years of a sentence for violating, or attempting
or conspiring to violate, section 7401(2)(a)(i) of the public
health code, 1978 PA 368, MCL 333.7401, and has another conviction
for a serious crime.
(c) Except as provided in subsection (12), the prisoner has
served 17-1/2 calendar years of the sentence for violating, or
attempting or conspiring to violate, section 7401(2)(a)(i) of the
public health code, 1978 PA 368, MCL 333.7401, and does not have
another conviction for a serious crime.
(8) A parole granted to a prisoner under subsection (7) is
subject to the following conditions:
(a) At the conclusion of 10 calendar years of the prisoner's
sentence and thereafter as determined by the parole board until the
prisoner is paroled, discharged, or deceased, and in accordance
with the procedures described in subsection (9), 1 member of the
parole board shall interview the prisoner. The interview schedule
prescribed in this subdivision applies to all prisoners to whom
subsection (7) applies, regardless of the date on which they were
sentenced.
(b) In addition to the interview schedule prescribed in
subdivision (a), the parole board shall review the prisoner's file
at the conclusion of 15 calendar years of the prisoner's sentence
and every 5 years thereafter until the prisoner is paroled,
discharged, or deceased. A prisoner whose file is to be reviewed
under this subdivision shall be notified of the upcoming file
review at least 30 days before the file review takes place and
shall be allowed to submit written statements or documentary
evidence for the parole board's consideration in conducting the
file review.
(c) A decision to grant or deny parole to the prisoner shall
not be made until after a public hearing held in the manner
prescribed for pardons and commutations in sections 44 and 45.
Notice of the public hearing shall be given to the sentencing
judge,
or the judge's successor in office.
, and parole Parole
shall
not be granted if the sentencing judge
, or the judge's
successor
in office, files written objections
to the granting of
the
parole within 30 days of receipt of the notice of hearing, .
The
but the sentencing judge's
written objections shall bar parole
only if the sentencing judge is still in office in the court before
which the prisoner was convicted and sentenced. A sentencing
judge's successor in office may file written objections to the
granting of parole, but a successor judge's objections shall not
bar the granting of parole under subsection (7). If written
objections are filed by either the sentencing judge or the judge's
successor in office, they shall be made part of the prisoner's
file.
(d) A parole granted under subsection (7) shall be for a
period of not less than 4 years and subject to the usual rules
pertaining to paroles granted by the parole board. A parole granted
under subsection (7) is not valid until the transcript of the
record is filed with the attorney general whose certification of
receipt
of the transcript shall be returnable returned to the
office of the parole board within 5 days. Except for medical
records protected under section 2157 of the revised judicature act
of 1961, 1961 PA 236, MCL 600.2157, the file of a prisoner granted
a parole under subsection (7) is a public record.
(9) An interview conducted under subsection (8)(a) is subject
to both of the following requirements:
(a) The prisoner shall be given written notice, not less than
30 days before the interview date, stating that the interview will
be conducted.
(b) The prisoner may be represented at the interview by an
individual of his or her choice. The representative shall not be
another prisoner. A prisoner is not entitled to appointed counsel
at public expense. The prisoner or representative may present
relevant evidence in favor of holding a public hearing as allowed
in
subsection (8)(b).(8)(c).
(10) In determining whether a prisoner convicted of violating,
or attempting or conspiring to violate, section 7401(2)(a)(i) of
the public health code, 1978 PA 368, MCL 333.7401, and sentenced to
imprisonment for life before October 1, 1998 is to be released on
parole, the parole board shall consider all of the following:
(a) Whether the violation was part of a continuing series of
violations of section 7401 or 7403 of the public health code, 1978
PA 368, MCL 333.7401 and 333.7403, by that individual.
(b) Whether the violation was committed by the individual in
concert with 5 or more other individuals.
(c) Any of the following:
(i) Whether the individual was a principal administrator,
organizer, or leader of an entity that the individual knew or had
reason to know was organized, in whole or in part, to commit
violations of section 7401 or 7403 of the public health code, 1978
PA 368, MCL 333.7401 and 333.7403, and whether the violation for
which the individual was convicted was committed to further the
interests of that entity.
(ii) Whether the individual was a principal administrator,
organizer, or leader of an entity that the individual knew or had
reason to know committed violations of section 7401 or 7403 of the
public health code, 1978 PA 368, MCL 333.7401 and 333.7403, and
whether the violation for which the individual was convicted was
committed to further the interests of that entity.
(iii) Whether the violation was committed in a drug-free
school zone.
(iv) Whether the violation involved the delivery of a
controlled substance to an individual less than 17 years of age or
possession with intent to deliver a controlled substance to an
individual less than 17 years of age.
(11) Except as provided in section 34a, a prisoner's release
on parole is discretionary with the parole board. The action of the
parole board in granting a parole is appealable by the prosecutor
of the county from which the prisoner was committed or the victim
of the crime for which the prisoner was convicted. The appeal shall
be to the circuit court in the county from which the prisoner was
committed, by leave of the court.
(12) If the sentencing judge, or his or her successor in
office, determines on the record that a prisoner described in
subsection (7)(b) or (c) sentenced to imprisonment for life for
violating, or attempting or conspiring to violate, section
7401(2)(a)(i) of the public health code, 1978 PA 368, MCL 333.7401,
has cooperated with law enforcement, the prisoner is subject to the
jurisdiction of the parole board and may be released on parole as
provided in subsection (7)(b) or (c) 2-1/2 years earlier than the
time otherwise indicated in subsection (7)(b) or (c). The prisoner
is considered to have cooperated with law enforcement if the court
determines on the record that the prisoner had no relevant or
useful information to provide. The court shall not make a
determination that the prisoner failed or refused to cooperate with
law enforcement on grounds that the defendant exercised his or her
constitutional right to trial by jury. If the court determines at
sentencing that the defendant cooperated with law enforcement, the
court shall include its determination in the judgment of sentence.
(13) Notwithstanding subsections (1) and (2), an individual
convicted of violating, or attempting or conspiring to violate,
section 7401(2)(a)(i) or 7403(2)(a)(i) of the public health code,
1978 PA 368, MCL 333.7401 and 333.7403, whose offense occurred
before March 1, 2003, and who was sentenced to a term of years, is
eligible for parole after serving 20 years of the sentence imposed
for the violation if the individual has another serious crime or
17-1/2 years of the sentence if the individual does not have
another conviction for a serious crime, or after serving the
minimum sentence imposed for that violation, whichever is less.
(14) Notwithstanding subsections (1) and (2), an individual
who was convicted of violating, or attempting or conspiring to
violate, section 7401(2)(a)(ii) or 7403(2)(a)(ii) of the public
health code, 1978 PA 368, MCL 333.7401 and 333.7403, whose offense
occurred before March 1, 2003, and who was sentenced according to
those sections as they existed before March 1, 2003, is eligible
for parole after serving the minimum of each sentence imposed for
that violation or 10 years of each sentence imposed for that
violation, whichever is less.
(15) Notwithstanding subsections (1) and (2), an individual
who was convicted of violating, or attempting or conspiring to
violate, section 7401(2)(a)(iii) or 7403(2)(a)(iii) of the public
health code, 1978 PA 368, MCL 333.7401 and 333.7403, whose offense
occurred before March 1, 2003, and who was sentenced according to
those sections as they existed before March 1, 2003, is eligible
for parole after serving the minimum of each sentence imposed for
that violation or 5 years of each sentence imposed for that
violation, whichever is less.
(16) Notwithstanding subsections (1) and (2), an individual
who was convicted of violating, or attempting or conspiring to
violate, section 7401(2)(a)(iv) or 7403(2)(a)(iv) of the public
health code, 1978 PA 368, MCL 333.7401 and 333.7403, whose offense
occurred before March 1, 2003, who was sentenced according to those
sections of law as they existed before March 1, 2003 to consecutive
terms of imprisonment for 2 or more violations of section
7401(2)(a) or 7403(2)(a), is eligible for parole after serving 1/2
of the minimum sentence imposed for each violation of section
7401(2)(a)(iv) or 7403(2)(a)(iv). This subsection applies only to
sentences imposed for violations of section 7401(2)(a)(iv) or
7403(2)(a)(iv) and does not apply if the sentence was imposed for a
conviction for a new offense committed while the individual was on
probation or parole.
(17) The parole board shall provide notice to the prosecuting
attorney of the county in which the individual was convicted before
granting parole to the individual under subsection (13), (14),
(15), or (16).
(18) As used in this section:
(a) "Serious crime" means violating or conspiring to violate
article 7 of the public health code, 1978 PA 368, MCL 333.7101 to
333.7545, that is punishable by imprisonment for more than 4 years,
or an offense against a person in violation of section 83, 84, 86,
87, 88, 89, 316, 317, 321, 349, 349a, 350, 397, 520b, 520c, 520d,
520g, 529, 529a, or 530 of the Michigan penal code, 1931 PA 328,
MCL 750.83, 750.84, 750.86, 750.87, 750.88, 750.89, 750.316,
750.317, 750.321, 750.349, 750.349a, 750.350, 750.397, 750.520b,
750.520c, 750.520d, 750.520g, 750.529, 750.529a, and 750.530.
(b) "State correctional facility" means a facility that houses
prisoners committed to the jurisdiction of the department.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
