Bill Text: MI HB5968 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Criminal procedure; sentencing; verification of school enrollment or employment of individual released from jail to attend school or for employment purposes; amend day parole act to require and provide for conditions of release. Amends sec. 1 of 1962 PA 60 (MCL 801.251) & adds sec. 1a.

Spectrum: Moderate Partisan Bill (Republican 6-1)

Status: (Introduced - Dead) 2012-11-08 - Printed Bill Filed 10/17/2012 [HB5968 Detail]

Download: Michigan-2011-HB5968-Introduced.html

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HOUSE BILL No. 5968

 

October 17, 2012, Introduced by Reps. Haines, LaFontaine, Denby, Foster, Opsommer, Zorn and Liss and referred to the Committee on Judiciary.

 

     A bill to amend 1962 PA 60, entitled

 

"An act to provide for the day parole of prisoners in county jails

to permit them to be gainfully employed outside the jail or pursue

other activities; to provide for the granting of reductions in

terms of imprisonment and the regulation thereof; and to provide

for the disposition of earnings from such employment,"

 

by amending section 1 (MCL 801.251), as amended by 1987 PA 146, and

 

by adding section 1a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. (1) Except as otherwise provided in subsection (2) and

 

subject to section 1a, a sentence or commitment of a person to a

 

county jail for any reason may grant to the person the privilege of

 

leaving the jail during necessary and reasonable hours for any of

 

the following purposes:

 

     (a) Seeking employment.

 

     (b) Working at his or her employment.

 

     (c) Conducting his or her own self-employed business or

 

occupation, including housekeeping and caring for the needs of his

 

or her family.

 

     (d) Attendance at an educational institution.

 

     (e) Medical treatment, substance abuse treatment, mental

 

health counseling, or psychological counseling.

 

     (2) A person may petition the court for such a privilege

 

described in subsection (1) at the time of sentence or commitment,

 

and in the discretion of the court may renew his or her petition.

 

The court may withdraw the privilege at any time by order entered

 

with or without notice.

 

     (3) (2) A person shall not be granted the privileges described

 

in subsection (1), except for the privilege of leaving the jail

 

during necessary and reasonable hours for the purpose of medical

 

treatment, substance abuse treatment, mental health counseling, or

 

psychological counseling, if the person is housed in the jail while

 

serving all or any part of a sentence of imprisonment for any of

 

the following crimes:

 

     (a) Section 145c, 520b, 520c, 520d, or 520g of the Michigan

 

penal code, Act No. 328 of the Public Acts of 1931, being sections

 

750.145c, 750.520b, 750.520c, 750.520d, and 750.520g of the

 

Michigan Compiled Laws.1931 PA 328, MCL 750.145c, 750.520b,

 

750.520c, 750.520d, and 750.520g.

 

     (b) Murder in connection with sexual misconduct.

 

     (c) An attempt to commit a crime described in subdivision (a)

 

or (b).

 

     (4) (3) As used in this act, "jail" means a facility that is

 

operated by a county for the detention of persons charged with, or

 

convicted of, criminal offenses or ordinance violations, or persons

 

found guilty of civil or criminal contempt, for not more than 1

 

year.

 

     Sec. 1a. (1) Before an individual convicted of a felony is

 

released from jail under section 1 to attend work or school, the

 

court shall order the department of corrections to verify that the

 

individual is employed or is enrolled in school, as applicable. The

 

department of corrections shall provide this verification to the

 

court within 7 days after the order is issued. The court shall not

 

order an individual to be released to attend work or school unless

 

the department has determined that the individual is employed or is

 

enrolled in school, as applicable. The order of release shall

 

provide that release is contingent at all times upon the approval

 

of the county sheriff.

 

     (2) As used in this section, "school" means any of the

 

following:

 

     (a) A school of secondary education.

 

     (b) A community college, college, or university.

 

     (c) A state-licensed technical or vocational school or

 

program.

 

     (d) A program that prepares the person for the general

 

education development (GED) test.