Bill Text: MI SB1051 | 2019-2020 | 100th Legislature | Enrolled
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-Enrolled.html
state of michigan
100th Legislature
Regular session of 2020
Introduced by Senators
McBroom, Santana, Chang, Wojno, Bayer, Bullock, Alexander, Irwin, Moss,
McMorrow, Geiss, McCann, Brinks, Polehanki, Hertel and Daley
ENROLLED SENATE BILL No. 1051
AN ACT to amend 1953 PA 232, entitled “An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to allow for the operation of certain facilities by private entities; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to provide for a lifetime electronic monitoring program; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act,” 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 must be ordered by the parole board and must be signed by the
chairperson. Written notice of the order 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 must be provided 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 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 must be conducted not more than 45 days after the board received
the new
information. Not less than 10 days before the interview, the parolee 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 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 must contain the conditions
of the parole and must specifically provide proper means of supervision of the
paroled prisoner in accordance with the rules of the field 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, including, but not limited to, the safety needs of
the victim or a request by the victim for protective conditions.
(5) The parole
order 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 must contain a condition requiring the parolee to pay a parole supervision
fee as prescribed in section 36a.
(7) The parole
order 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 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 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 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 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 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 the case shall review the case not less than twice yearly to
ensure that restitution is being paid as ordered. The final review 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 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) 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 must be conducted in the same
manner, and is subject to the same
requirements, as is described in 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) 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, 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 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
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 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 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.
Secretary of the Senate
Clerk of the House of Representatives
Approved___________________________________________
____________________________________________________
Governor
