Bill Text: MI HB6090 | 2023-2024 | 102nd Legislature | Introduced

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Bill Title: Corrections: prisoners; visitation between prisoners and eligible visitors; provide for certain protections and limitations. Amends secs. 14a, 52, 53 & 68a of 1953 PA 232 (MCL 791.214a et seq.).

Spectrum: Strong Partisan Bill (Democrat 14-1)

Status: (Introduced) 2024-11-14 - Bill Electronically Reproduced 11/14/2024 [HB6090 Detail]

Download: Michigan-2023-HB6090-Introduced.html

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HOUSE BILL NO. 6090

A bill to amend 1953 PA 232, entitled

"Corrections code of 1953,"

by amending sections 14a, 52, 53, and 68a (MCL 791.214a, 791.252, 791.253, and 791.268a), section 14a as added by 2020 PA 309 and section 68a as added by 2001 PA 8.

the people of the state of michigan enact:

Sec. 14a. (1) The department shall create a family reunification policy. The family reunification policy must include the creation of a permanent family advisory board that consists of not fewer than 11 and not more than 16 members, including the following:

(a) One individual designated by the director who is an employee of the department.

(b) The legislative corrections ombudsman.

(c) Not fewer than 4 or more than 6 individuals who are family members of individuals currently incarcerated in Michigan.this state.

(d) Not fewer than 1 or more than 3 individuals who are family members of individuals who were formerly incarcerated in Michigan.this state.

(e) Not fewer than 1 individual who has a parent formerly or currently incarcerated in Michigan.this state.

(f) Not fewer than 1 or more than 2 individuals who were formerly incarcerated in Michigan.this state.

(g) One individual who is a social worker who has training and expertise dealing with mental health issues and experience working with formerly or currently incarcerated individuals.

(h) One individual who is an advocate for or mentor to individuals incarcerated in Michigan.this state.

(2) In addition to regular meetings of the family advisory board, the board shall hold at least 2 public informational meetings each year for family members and the public to provide comments. The public informational meetings for family members and the public to provide comments must not be held in the same region of this state.

(3) Members of the family advisory board shall serve without compensation. However, members of the board may be reimbursed for their actual and necessary expenses incurred in the performance of their official duties as members of the board.

(4) The family advisory board shall do all of the following:

(a) Assist the department by providing feedback regarding policies and procedures that impact family reunification during and after incarceration.

(b) Assist and advise the department regarding the development of programs that support family reunification during and after incarceration.

(c) Enhance communication between the department and families regarding issues that impact a broad range of incarcerated and formerly incarcerated individuals and their families, including, but not limited to, gathering information from individuals in the region and across the state with family members who are or have been incarcerated, including a review of comment cards submitted at individual correctional facilities.

(d) Identify barriers concerning family reunification during and after incarceration.

(e) File an annual report with the chairs of the committees of the senate and house of representatives concerned with the department and criminal justice issues regarding its activities under this section. The report must be filed not later than October 1 of each year.

(5) The department shall provide any staffing necessary for the family advisory board to fulfill its duties under this section.

(6) The family advisory board may, in its discretion, create regional committees or facility-focused family councils to carry out its duties.

(7) The department shall provide information about the family advisory board on its website and in the waiting rooms of correctional facilities, including the board's contact information for obtaining information and assistance with family-related issues.

(8) The department shall provide the family advisory board with any draft of proposed policy changes that affect a prisoner's visitation with family. A draft under this subsection must be provided with sufficient time to allow the family advisory board to provide comments on the draft to the department.

Sec. 52. The following procedures shall apply to each prisoner hearing conducted pursuant to under section 51(2):

(a) The parties shall must be given an opportunity for an evidentiary hearing without undue delay. If a prisoner is denied access to a video of a visit under subdivision (h) and the legislative corrections ombudsman is provided access to the video as described under section 68a, the evidentiary hearing regarding the prisoner's visitation must not take place until the legislative corrections ombudsman has sufficient time to review the video of the visit.

(b) The parties shall be given reasonable notice of the hearing.

(c) If a party fails to appear at a hearing after proper service of notice, the hearings officer, if an adjournment is not granted, may proceed with the hearing and make a decision in the absence of the party.

(d) Each party shall must be given an opportunity to present evidence and oral and written arguments on issues of fact.

(e) A prisoner may not cross-examine a witness, but may submit rebuttal evidence. A prisoner may also submit written questions to the hearings officer to be asked of a witness or witnesses. The hearings officer may present these questions to and receive answers from the witness or witnesses. The questions presented and the evidence received in response to these questions shall become are a part of the record. A hearings officer may refuse to present the prisoner's questions to the witness or witnesses. If the hearings officer does not present the questions to the witness or witnesses, the reason for the decision not to present the questions shall must be entered into the record.

(f) The hearings officer may administer an oath or affirmation to a witness in a matter before the officer, certify to official acts, and take depositions.

(g) The hearings officer may admit and give probative effect to evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. Irrelevant, immaterial, or unduly repetitious evidence may be excluded. The reason for the exclusion of the evidence shall must be entered into the record. An objection to an offer of evidence may be made and shall must be noted in the record. The hearings officer, for the purpose of expediting a hearing and if the interest of the parties are not substantially prejudiced by the action, may provide for the submission of all or part of the evidence in written form.

(h) Evidence, including records and documents in possession of the department of which that the hearings officer wishes to avail himself or herself, shall include must be offered and made a part of the record. If a hearing is conducted as a result of a visitor restriction and if the visitor restriction is due to a specific visit, the prisoner must be provided access to the video of the visit as provided under section 68a. A hearings officer may deny access to the evidence to a party if the hearings officer determines that access may be dangerous to a witness or disruptive of normal prison operations. The reason for the denial shall must be entered into the record and, if the evidence is a video of a visit, must be provided to the prisoner in writing before the hearing.

(i) The hearings conducted under this chapter shall must be conducted in an impartial manner. On the filing in good faith by a party of a timely and sufficient affidavit of personal bias or disqualification of a hearings officer, the department shall determine the matter as a part of the record of the hearing, and the determination shall be is subject to judicial review at the conclusion of the hearing. If a hearings officer is disqualified or it is impracticable for the hearings officer to continue the hearing, another hearings officer may be assigned to continue the hearing unless it is shown that substantial prejudice to a party will result from the continuation.

(j) Except as otherwise authorized by subdivision (e), a hearings officer, after the notice of the hearing is given, shall not communicate, directly or indirectly, in connection with an issue of fact, with a person or party, except on notice and opportunity for all parties to participate. A hearings officer may communicate with other members of the department and may have the aid and advice of department employees other than employees which who have been or are engaged in investigating or prosecuting functions in connection with the hearing or a factually related matter which that may be the subject of a hearing.

(k) A Except as otherwise provided under this subdivision, a final decision or order of a hearings officer in a hearing shall must be made , within a reasonable period, not more than 7 days after the hearing, must be in writing or stated in the record, and shall must include findings of fact, and shall must state any sanction to be imposed against a prisoner as a direct result of a hearing conducted under this chapter. A final decision or order may be made more than 7 days but not more than 14 days after the hearing if the hearings officer determines that more information or a review of a video is necessary to make the final decision or order. The final decision shall must be made on the basis of a preponderance of the evidence presented. Findings of fact shall must be based exclusively on the evidence and on matters officially noticed. Findings of fact, if set forth in statutory language, shall must be accompanied by a concise and explicit statement of the underlying facts supporting them. A decision or order shall must not be made except upon on the consideration of the record as a whole or a portion of the record as may be cited by a party to the proceeding and as supported by and pursuant to competent, material, and substantial evidence. A copy of the decision or order shall must be delivered or mailed immediately to the prisoner. The final disposition shall must be posted for the information of the reporting officer.

Sec. 53. (1) The department shall prepare an official record of a hearing which shall that must include:

(a) Questions and offers of proof, objections, and rulings on the objections.

(b) Matters officially noticed, except a matter so obvious that a record would not serve a useful purpose.

(c) A decision or order by the hearings officer.

(2) The official record shall must not include evidence, access to which a hearings officer has determined would be disruptive of normal prison operations. However, on an appeal from a final decision made to a court of this state, that evidence shall must be included in the official record.

(3) If a hearing is conducted as a result of a visitor restriction under section 68a(3)(d) and if the hearings officer determines an event described under section 68a(3)(c) did not occur, the decision or order must require the department to initiate an additional visit for the prisoner to replace the visit that was terminated under section 68a(3)(d).

Sec. 68a. (1) Except as otherwise provided in subsection (2), a prisoner may be permitted to receive visits from a minor brother, sister, stepbrother, stepsister, half brother, or half sister if that minor is on the prisoner's approved visitor list.this act, the department shall permit a prisoner to receive visits from an eligible visitor.

(2) On a prisoner's request, the department shall place an individual on the prisoner's approved visitor list unless the department finds that a visit by the individual is a safety and security risk to the correctional facility. An individual who was convicted of a criminal offense may be placed on an approved visitor list if more than 5 years have passed since the individual has successfully completed the sentence for the criminal offense, including any probation or parole.

(3) (2) Notwithstanding subsection (1), the The department may do any of the following in placing a limit on a prisoner receiving a visit:

(a) Place Subject to this section, place limits on visiting hours, establish reasonable rules of conduct, and establish uniform quotas at each institution correctional facility for visits to prisoners to promote order and security in the institutions each correctional facility and to prevent interference with institutional routine or disruption of a prisoner's programming.

(b) Establish requirements for who must accompany the a minor on the a visit with a prisoner.

(c) Deny, Subject to this section, deny or restrict, or terminate visits as determined for not more than 1 year, a prisoner from receiving in-person visits or a specified visitor from visiting a prisoner, if the denial or restriction is necessary by the department for the order safety and security of the institution.correctional facility as evidenced by the occurrence of 1 or more of the following events:

(i) The specified visitor conspired or attempted to bring, or brought, contraband into the correctional facility.

(ii) The prisoner or the specified visitor engaged in sexual activity during a visit.

(iii) The prisoner engaged in qualified violence during a visit.

(iv) The specified visitor engaged in qualified violence during a visit or during the visitation screening process.

(v) The prisoner or specified visitor had contraband in the prisoner's or specified visitor's possession during a visit.

(vi) The prisoner attempted an escape from confinement.

(vii) The specified visitor attempted to assist or assisted with an escape of a prisoner from confinement.

(d) Subject to subsection (8), terminate a visit if necessary for the safety and security of the correctional facility due to the suspected occurrence of an event listed under subdivision (c). If a visit is terminated under this subdivision and it is later determined an event listed under subdivision (c) did not occur, the department shall initiate an additional visit as provided under section 53 and the eligible visitor must be permitted the additional visit.

(e) Deny the use of electronic communication for a visit with a prisoner and an eligible visitor due to technology failure, but only if the denied visit does not count for determining the number of visits the prisoner may receive and any money is refunded in the same manner as described in subsection (7)(b).

(f) Require no more than 3 days' advance notice to schedule an in-person visit with a prisoner.

(4) The department shall not promulgate or enforce a rule that provides a process to permanently prohibit a prisoner from receiving visits from eligible visitors. The department shall identify any prisoner who had a restriction or denial of visitation placed before the effective date of the amendatory act that added this subsection and may only continue a restriction or denial of visitation that complies with this section. The department shall not restrict or deny a prisoner from receiving a visit from an eligible visitor due to a managerial or staffing decision.

(5) The department shall enforce a visitation policy that promotes a prisoner's interaction with eligible visitors, that is consistent with the family reunification policy developed under section 14a, and that allows for regular communication by in-person visitation, telephone calls, and video, digital, and mail communication between the prisoner and eligible visitors. Not more than 6 months after the effective date of the amendatory act that added this subsection, the department shall post the policy to the department's website and in each correctional facility law library, day room, waiting room, and visiting room, and shall make the policy available in information provided to family members of a prisoner.

(6) Unless the visit is terminated under subsection (3)(d) or (7), a visit between a prisoner and an eligible visitor in person must not be less than 2 hours and the department shall make reasonable efforts to increase the time to more than 2 hours. The department may only begin counting the time for any visit, including a visit in person or by video communication, once the eligible visitor is in the presence of the prisoner.

(7) In addition to terminating a visit under subsection (3)(d), shift command may terminate a visit between a prisoner and an eligible visitor if shift command determines a safety and security risk necessitates the termination and provides a written reason for the termination to the prisoner and eligible visitor. If a visit is terminated under this subsection, the department shall do all of the following:

(a) Initiate the prisoner and the eligible visitor having an additional visit in the same format to replace the visit that was terminated.

(b) If the visit was by video communication that required payment from the prisoner or eligible visitor, ensure the prisoner or eligible visitor is refunded the money paid for the video communication in not more than 24 hours after the visit was terminated.

(c) Not more than 30 days after the termination, notify the family advisory board of the termination of the visit.

(8) Not more than 14 days after the department determines an event described under subsection (3)(c) occurred, the department shall provide notice of the determination to the relevant prisoner and any specified visitor involved in the occurrence. Except as provided under section 52(h), a video of a visit that will be used as evidence in a hearing to deny or restrict visitation must be made accessible to the prisoner or specified visitor. If access to a video of a visit is denied to the prisoner under section 52(h) or is denied to the specified visitor because access would create a safety and security risk to the correctional facility, the department shall, not more than 72 hours after the visit is terminated, provide the legislative corrections ombudsman with access to that video. The legislative corrections ombudsman shall provide a report to the prisoner, visitor, and hearings officer that summarizes the legislative corrections ombudsman's findings from a review of the video.

(9) Unless the posting will create a safety or security risk in a correctional facility, the department shall post a conspicuous notice about prisoner visitation on its website and any social media platform used by the department not more than 2 hours after the department restricts prisoner visitation at a correctional facility due to a disruption or emergency.

(10) If the department determines an eligible visitor brought contraband into the correctional facility and that contraband is also an innocuous item, the department shall provide that eligible visitor with an opportunity to properly secure or dispose of the innocuous item in order to proceed with the visit with the prisoner. An eligible visitor who properly secures or disposes of the item under this subsection is not in violation of subsection(3)(c)(i).

(11) By April 1, 2026, and every year thereafter, the department shall provide the governor, the family advisory board, and the legislature, including, but not limited to, the committees in the house of representatives and senate concerned with issues related to or funding for criminal justice or corrections, the house fiscal agency, the senate fiscal agency, and the legislative corrections ombudsman, with a report on prisoner visitation that includes all of the following information categorized by the race of the prisoner and by each correctional facility:

(a) Visitor restrictions imposed by type.

(b) The number of prisoners who had a hearing for a visitor restriction under section 51(2) and the outcome of each hearing.

(c) The number of prisoners who have received a visit from a minor.

(12) The department shall provide training to employees on the importance of prisoner visitation with families, on responding to prisoner visitation with cultural sensitivity, and on effective communication with eligible visitors during a prisoner visitation.

(13) (3) As used in this section: , "minor"

(a) "Contraband" means items that the department determines could pose a safety and security risk to a correctional facility. Contraband does not include alcohol that is located in a locked vehicle and that is not intended to be brought into a correctional facility.

(b) "Eligible visitor" means an individual on the prisoner's approved visitor list under subsection (2).

(c) "Innocuous item" means an item that cannot produce an injury.

(d) "Minor" means a person an individual who is less than 18 years of age.

(e) "Qualified violence" means the occurrence of any of the following acts by an individual that is not an act of self-defense:

(i) Causing or attempting to cause physical or mental harm to another individual.

(ii) Placing another individual in fear of physical or mental harm.

(iii) Causing or attempting to cause another individual to engage in involuntary sexual activity by force, threat of force, or duress.

(iv) Engaging in activity toward another individual that would cause a reasonable individual to feel terrorized, frightened, intimidated, threatened, harassed, or molested.

(f) "Sexual activity" means sexual intercourse; cunnilingus; fellatio; or other touching, either directly or through clothing, of the vulva, penis, scrotum, anus, groin, breast, or buttocks.

Enacting section 1. This amendatory act takes effect 6 months after the date it is enacted into law.