Bill Text: MI HB5530 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Criminal procedure; probation; presentence report to disclose status of individual as veteran; require and provide for forwarding of information to department of military and veterans affairs. Amends sec. 14, ch. XI of 1927 PA 175 (MCL 771.14).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-05-08 - Printed Bill Filed 05/07/2014 [HB5530 Detail]

Download: Michigan-2013-HB5530-Introduced.html

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HOUSE BILL No. 5530

 

May 6, 2014, Introduced by Rep. Poleski and referred to the Committee on Military and Veterans Affairs.

 

     A bill to amend 1927 PA 175, entitled

 

"The code of criminal procedure,"

 

by amending section 14 of chapter XI (MCL 771.14), as amended by

 

2012 PA 27.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

CHAPTER XI

 

     Sec. 14. (1) Before the court sentences a person charged with

 

a felony or a person who is a licensee or registrant under article

 

15 of the public health code, 1978 PA 368, MCL 333.16101 to

 

333.18838, as described in section 1(14) of chapter IX, and, if

 

directed by the court, in any other case in which a person is

 

charged with a misdemeanor within the jurisdiction of the court,

 

the probation officer shall inquire into the antecedents,

 

character, and circumstances of the person, and shall report in

 

writing to the court.

 

     (2) A presentence investigation report prepared under

 

subsection (1) shall not include any address or telephone number

 

for the home, workplace, school, or place of worship of any victim

 

or witness, or a family member of any victim or witness, unless an

 

address is used to identify the place of the crime or to impose

 

conditions of release from custody that are necessary for the

 

protection of a named individual. Upon request, any other address

 

or telephone number that would reveal the location of a victim or

 

witness or a family member of a victim or witness shall be exempted

 

from disclosure unless an address is used to identify the place of

 

the crime or to impose conditions of release from custody that are

 

necessary for the protection of a named individual. A presentence

 

investigation report prepared under subsection (1) shall include

 

all of the following:

 

     (a) An evaluation of and a prognosis for the person's

 

adjustment in the community based on factual information contained

 

in the report.

 

     (b) If requested by a victim, any written impact statement

 

submitted by the victim under the William Van Regenmorter crime

 

victim's rights act, 1985 PA 87, MCL 780.751 to 780.834.

 

     (c) A specific written recommendation for disposition based on

 

the evaluation and other information as prescribed by the assistant

 

director of the department of corrections in charge of probation.

 

     (d) A statement prepared by the prosecuting attorney as to

 

whether consecutive sentencing is required or authorized by law.

 

     (e) For a person to be sentenced under the sentencing

 

guidelines set forth in chapter XVII, all of the following:

 

     (i) For each conviction for which a consecutive sentence is

 

authorized or required, the sentence grid in part 6 of chapter XVII

 

that contains the recommended minimum sentence range.

 

     (ii) Unless otherwise provided in subparagraph (i), for each

 

crime having the highest crime class, the sentence grid in part 6

 

of chapter XVII that contains the recommended minimum sentence

 

range.

 

     (iii) Unless otherwise provided in subparagraph (i), the

 

computation that determines the recommended minimum sentence range

 

for the crime having the highest crime class.

 

     (iv) A specific statement as to the applicability of

 

intermediate sanctions, as defined in section 31 of chapter IX.

 

     (v) The recommended sentence.

 

     (f) If a person is to be sentenced for a felony or for a

 

misdemeanor involving the illegal delivery, possession, or use of

 

alcohol or a controlled substance, a statement that the person is

 

licensed or registered under article 15 of the public health code,

 

1978 PA 368, MCL 333.16101 to 333.18838, if applicable.

 

     (g) Diagnostic opinions that are available and not exempted

 

from disclosure under subsection (3).

 

     (h) A statement as to whether the person has provided the

 

identification documents referenced in subsection (9)(b).

 

     (i) A statement as to whether the person is determined to be a

 

veteran of the United States army, navy, air force, marine corps,

 

or coast guard, including their reserve components, or the army

 

national guard or air national guard of this state or of another

 

state. If the person is determined to be a veteran under this

 

subdivision, the department of corrections shall forward that

 

information to the department of military and veterans affairs

 

together with information regarding the individual's earliest date

 

of release, if applicable.

 

     (3) The court may exempt from disclosure in the presentence

 

investigation report information or a diagnostic opinion that might

 

seriously disrupt a program of rehabilitation or sources of

 

information obtained on a promise of confidentiality. If a part of

 

the presentence investigation report is not disclosed, the court

 

shall state on the record the reasons for its action and inform the

 

defendant and his or her attorney that information has not been

 

disclosed. The action of the court in exempting information from

 

disclosure is subject to appellate review. Information or a

 

diagnostic opinion exempted from disclosure under this subsection

 

shall be specifically noted in the presentence investigation

 

report.

 

     (4) If a prepared presentence investigation report is amended

 

or altered before sentencing by the supervisor of the probation

 

officer who prepared the report or by any other person who has the

 

authority to amend or alter a presentence investigation report, the

 

probation officer may request that the court strike his or her name

 

from the report and the court shall comply with that request.

 

     (5) The court shall permit the prosecutor, the defendant's

 

attorney, and the defendant to review the presentence investigation

 

report before sentencing.

 

     (6) At the time of sentencing, either party may challenge, on

 

the record, the accuracy or relevancy of any information contained

 

in the presentence investigation report. The court may order an

 

adjournment to permit the parties to prepare a challenge or a

 

response to a challenge. If the court finds on the record that the

 

challenged information is inaccurate or irrelevant, that finding

 

shall be made a part of the record, the presentence investigation

 

report shall be amended, and the inaccurate or irrelevant

 

information shall be stricken accordingly before the report is

 

transmitted to the department of corrections.

 

     (7) A copy of the report described under subsection (5) and

 

the amended report described under subsection (6) shall be provided

 

to the prosecutor and the defendant's attorney or the defendant if

 

he or she is not represented by an attorney. The copy of the report

 

described under subsection (5) shall be provided not less than 2

 

business days before sentencing unless that period is waived by the

 

defendant. The prosecutor and the defendant's attorney or the

 

defendant if he or she is not represented by an attorney have the

 

right to retain a copy of the report and the amended report

 

provided under this subsection.

 

     (8) On appeal, the defendant's attorney, or the defendant if

 

proceeding pro se, shall be provided with a copy of the presentence

 

investigation report and any attachments to the report with the

 

exception of any information exempted from disclosure by the court

 

under subsection (3).

 

     (9) If the person is committed to a state correctional

 

facility, both of the following apply:

 

     (a) A copy or amended copy of the presentence investigation

 

report and, if a psychiatric examination of the person has been

 

made for the court, a copy of the psychiatric report shall

 

accompany the commitment papers. If the person is sentenced by fine

 

or imprisonment or placed on probation or other disposition of his

 

or her case is made by the court, a copy or amended copy of the

 

presentence investigation report, including a psychiatric

 

examination report made in the case, shall be filed with the

 

department of corrections.

 

     (b) The person shall be provided notification that provides an

 

explanation of the importance of obtaining an operator's license or

 

state personal identification card upon release from incarceration

 

and lists the personal identification documents described in

 

section 34c of the corrections code of 1953, 1953 PA 232, MCL

 

791.234c, necessary for obtaining an operator's license or state

 

personal identification card. The notification also shall contain a

 

request that the person obtain and provide those documents to the

 

department of corrections. The notification also shall state that

 

the department of corrections will retain in the file maintained

 

for the person any identification documents provided by the person

 

until he or she is released from secure confinement. Any

 

identification documents previously provided by the person shall

 

accompany the commitment papers.

 

     (10) A prisoner under the jurisdiction of the department of

 

corrections shall be provided with a copy of any presentence

 

investigation report in the department's possession about that

 

prisoner, except for information exempted from disclosure under

 

subsection (3), not less than 30 days before a parole interview is

 

conducted under section 35 of the corrections code of 1953, 1953 PA

 

232, MCL 791.235.