Bill Text: MI SB1051 | 2019-2020 | 100th Legislature | Engrossed
Bill Title: Corrections: parole; conditions of parole to be tailored to offender; require. Amends sec. 36 of 1953 PA 232 (MCL 791.236).
Spectrum: Moderate Partisan Bill (Democrat 14-2)
Status: (Passed) 2020-12-30 - Assigned Pa 0398'20 [SB1051 Detail]
Download: Michigan-2019-SB1051-Engrossed.html
Substitute For
SENATE BILL NO. 1051
A bill to amend 1953 PA 232, entitled
"Corrections code of 1953,"
by amending section 36 (MCL 791.236), as amended by 2012 PA 623.
the people of the state of michigan enact:
Sec. 36. (1) All
paroles shall must
be ordered by the parole board and shall
must be signed by the
chairperson. Written notice of the order shall
must be sent by first-class mail
or by electronic means to the prosecuting attorney and the sheriff or other police
officer of the municipality or county in which the prisoner was convicted and
to the prosecuting attorney and the sheriff or other local police officer of
the municipality or county to which the paroled prisoner is sent or is to be
sent. The notice shall must be provided within
not more than 10 days after the
parole board issues its order to parole the prisoner.
(2) A parole order may be rescinded at the discretion of the
parole board for cause before the prisoner is released on parole. A parole shall must
not be revoked unless an interview with the prisoner is conducted
by 1 member of the parole board. The purpose of the interview is to consider
and act upon information received by the board after the original parole
release decision. A revocation interview shall
must be conducted within not
more than 45 days after receiving
the board received the new
information. At least Not
less than 10 days before the interview, the parolee shall must
receive a copy or summary of the new evidence that is the basis
for the interview.
(3) A parole order may be amended at the discretion of the
parole board for cause or to adjust conditions as
the parole board determines is appropriate. An amendment to a
parole order shall must
be in writing and is not effective until notice of the amendment
is given to the parolee.
(4) When a parole order is issued, the order shall must
contain the conditions of the parole and shall must
specifically provide proper means of supervision of the paroled
prisoner in accordance with the rules of the bureau
of field services.operations administration. The conditions of the parole must be
individualized, must specifically address the assessed risks and needs of the
parolee, must be designed to reduce recidivism, and must consider the needs of
the victim, if applicable.
(5) The parole order shall
must contain a condition to pay
restitution to the victim of the prisoner's crime or the victim's estate if the
prisoner was ordered to make restitution under the William Van Regenmorter
crime victim's rights act, 1985 PA 87, MCL 780.751 to 780.834, or the code of
criminal procedure, 1927 PA 175, MCL 760.1 to 777.69.
(6) The parole order shall
must contain a condition
requiring the parolee to pay a parole supervision fee as prescribed in section
36a.
(7) The parole order shall
must contain a condition
requiring the parolee to pay any assessment the prisoner was ordered to pay
under section 5 of 1989 PA 196, MCL 780.905.
(8) The parole order shall
must contain a condition
requiring the parolee to pay the minimum state cost prescribed by section 1j of
chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.1j, if the
minimum state cost has not been paid.
(9) If the parolee is required to be registered under the sex
offenders registration act, 1994 PA 295, MCL 28.721 to 28.736, the parole order
shall must
contain a condition requiring the parolee to comply with that
act.
(10) If a prisoner convicted of violating or conspiring to
violate section 7401(2)(a)(i) or (ii) or 7403(2)(a)(i) or (ii) of the public health code, 1978 PA 368, MCL 333.7401 and
333.7403, is released on parole, the parole order shall
must contain a notice that if the parolee
violates or conspires to violate article 7 of the public health code, 1978 PA 368,
MCL 333.7101 to 333.7545, and that violation or conspiracy to violate is
punishable by imprisonment for 4 or more years, or commits a violent felony
during his or her release on parole, parole shall must be revoked.
(11) A parole order
issued for a prisoner subject to disciplinary time may contain a condition
requiring the parolee to be housed in a community corrections center or a
community residential home for not less than the first 30 days but not more
than the first 180 days of his or her term of parole. As used in this
subsection, "community corrections center" and "community
residential home" mean those terms as defined in section 65a.
(12) The parole order shall must contain a
condition requiring the parolee to pay the following amounts owed by the
prisoner, if applicable:
(a) The balance of
filing fees and costs ordered to be paid under section 2963 of the revised
judicature act of 1961, 1961 PA 236, MCL 600.2963.
(b) The balance of any
filing fee ordered to be paid by a federal court under 28 USC 1915 and any
unpaid order of costs assessed against the prisoner.
(13) In each case in
which payment of restitution is ordered as a condition of parole, a parole
officer assigned to a the
case shall review the case not less than twice yearly to ensure that
restitution is being paid as ordered. The final review shall must be conducted
not less than 60 days before the expiration of the parole period. If the parole
officer determines that restitution is not being paid as ordered, the parole
officer shall file a written report of the violation with the parole board on a
form prescribed by the parole board. The report shall must include a statement of the amount of arrearage and
any reasons for the arrearage known by the parole officer. The parole board
shall immediately provide a copy of the report to the court, the prosecuting
attorney, and the victim.
(14) If a parolee is
required to register under the sex offenders registration act, 1994 PA 295, MCL
28.721 to 28.736, the parole officer shall register the parolee as provided in
that act.
(15) Beginning August 28, 2006, if If
a parolee convicted of violating or conspiring to violate section 520b
or 520c of the Michigan penal code, 1931 PA 328, MCL 750.520b and 750.520c,
other than a parolee who is subject to lifetime electronic monitoring under
section 85, is placed on parole, the parole board may require that the parolee
be subject to electronic monitoring. The electronic monitoring required under
this subsection shall must
be conducted in the same manner, and shall be is subject to the same requirements, as is described in section 85 of this act and section 520n(2) of the
Michigan penal code, 1931 PA 328, MCL 750.520n, and
section 85, except as follows:
(a) The electronic
monitoring shall continue only for the duration of the term of parole.
(b) A violation by the
parolee of any requirement prescribed in section 520n(2)(a)
to (c) 520n(2) is a violation of a
condition of parole, not a felony violation.
(16) If the parole order
contains a condition intended to protect 1 or more named persons, the
department shall enter those provisions of the parole order into the
corrections management information system, accessible by the law enforcement
information network. If the parole board rescinds a parole order described in
this subsection, the department within 3 business days shall remove from the
corrections management information system the provisions of that parole order.
(17) Each prisoner who
is required to be registered under the sex offenders registration act, 1994 PA
295, MCL 28.721 to 28.736, before being released on parole or being released
upon completion of his or her maximum sentence, shall provide to the department
notice of the location of his or her proposed place of residence or domicile.
The department then shall forward that notice of location to the appropriate
law enforcement agency as required under section 5(3) of the sex offenders
registration act, 1994 PA 295, MCL 28.725. A prisoner who refuses to provide
notice of the location of his or her proposed place of residence or domicile or
knowingly provides an incorrect notice of the location of his or her proposed
place of residence or domicile under this subsection is guilty of a felony
punishable by imprisonment for not more than 4 years or a fine of not more than
$2,000.00, or both.
(18) If a prisoner is
serving a sentence for violating section 411i of the Michigan penal code, 1931
PA 328, MCL 750.411i, (aggravated
stalking), and if a victim of that crime has registered to receive
notices about that prisoner under the William Van Regenmorter crime victim's
rights act, 1985 PA 87, MCL 780.751 to 780.834, the parole order for that
prisoner shall must require
that the prisoner's location be monitored by a global positioning monitoring
system during the entire period of the prisoner's parole. If, at the time a
prisoner described in this subsection is paroled, no victim of the crime has
registered to receive notices about that prisoner under the William Van
Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.751 to 780.834, but
a victim of the crime subsequently registers to receive those notices, the
prisoner's order of parole shall must immediately be modified to require that the
prisoner's location be monitored by a global positioning system during the
balance of the period of that prisoner's parole. As used in this subsection,
"global positioning monitoring system" means a system that
electronically determines and reports the location of an individual by means of
an ankle bracelet transmitter or similar device worn by the individual, which
transmits latitude and longitude data to monitoring authorities through global
positioning satellite technology but does not include any radio frequency
identification technology, global positioning technology, or similar technology
that would be implanted in the parolee or would otherwise violate the corporeal
body of the parolee.
(19) The parole order shall must require the
parolee to provide written consent to submit to a search of his or her person
or property upon demand by a peace officer or parole officer. The written
consent shall must include
the prisoner's name and date of birth, his or her physical description, the
date for release on parole, and the ending date for that parole. The prisoner
shall sign the written consent before being released on parole. The department
shall promptly enter this condition of parole into the department's corrections
management information system or offender management network information system
or into a corresponding records management system that is accessible through
the law enforcement information network. Consent to a search as provided under
this subsection does not authorize a search that is conducted with the sole
intent to intimidate or harass.
(20) As used in this
section, "violent felony" means an offense against a person in
violation of section 82, 83, 84, 86, 87, 88, 89, 316, 317, 321, 349, 349a, 350,
397, 520b, 520c, 520d, 520e, 520g, 529, 529a, or 530 of the Michigan penal
code, 1931 PA 328, MCL 750.82, 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, 750.520e, 750.520g, 750.529, 750.529a, and 750.530.
