HOUSE BILL No. 4539 March 20, 1997, Introduced by Rep. Profit and referred to the Committee on Judiciary. A bill to amend 1953 PA 232, entitled "An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, com- mutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the super- vision 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 prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to prescribe pen- alties 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 incon- sistent with the provisions of this act," by amending section 34 (MCL 791.234), as amended by 1994 PA 345. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 34. (1) Except as provided in section 34a, a prisoner 2 sentenced to an indeterminate sentence and confined in a state 02426'97 DRM 2 1 correctional facility with a minimum in terms of years other than 2 a prisoner subject to disciplinary time is subject to the juris- 3 diction of the parole board when the prisoner has served a period 4 of time equal to the minimum sentence imposed by the court for 5 the crime of which he or she was convicted, less good time and 6 disciplinary credits, if applicable. 7 (2) Except as provided in section 34a, a prisoner subject to 8 disciplinary time sentenced to an indeterminate sentence and con- 9 fined in a state correctional facility with a minimum in terms of 10 years is subject to the jurisdiction of the parole board when the 11 prisoner has served a period of time equal to the minimum sen- 12 tence imposed by the court for the crime of which he or she was 13 convicted, plus any disciplinary time accumulated pursuant to 14 section 34 ofAct No. 118 of the Public Acts of 1893, being sec-15tion 800.34 of the Michigan Compiled Laws1893 PA 118, MCL 16 800.34. 17 (3) If a prisoner other than a prisoner subject to disci- 18 plinary time is sentenced for consecutive terms, whether received 19 at the same time or at any time during the life of the original 20 sentence, the parole board has jurisdiction over the prisoner for 21 purposes of parole when the prisoner has served the total time of 22 the added minimum terms, less the good time and disciplinary 23 credits allowed by statute. The maximum terms of the sentences 24 shall be added to compute the new maximum term under this subsec- 25 tion, and discharge shall be issued only after the total of the 26 maximum sentences has been served less good time and disciplinary 02426'97 3 1 credits, unless the prisoner is paroled and discharged upon 2 satisfactory completion of the parole. 3 (4) If a prisoner subject to disciplinary time is sentenced 4 for consecutive terms, whether received at the same time or at 5 any time during the life of the original sentence, the parole 6 board has jurisdiction over the prisoner for purposes of parole 7 when the prisoner has served the total time of the added minimum 8 terms, plus any disciplinary time. The maximum terms of the sen- 9 tences shall be added to compute the new maximum term under this 10 subsection, and discharge shall be issued only after the total of 11 the maximum sentences has been served, unless the prisoner is 12 paroled and discharged upon satisfactory completion of the 13 parole. 14 (5) If a prisoner other than a prisoner subject to disci- 15 plinary time has 1 or more consecutive terms remaining to serve 16 in addition to the term he or she is serving, the parole board 17 may terminate the sentence the prisoner is presently serving at 18 any time after the minimum term of the sentence has been served. 19 (6) A prisonerunder sentenceSENTENCED TO IMPRISONMENT 20 for life or for a term of years, other than a prisoner sentenced 21 for life for murder in the first degree or sentencedfor life22orfor a minimum term of imprisonment for a major controlled 23 substance offense, who has served 10 calendar years of the sen- 24 tence in the case of a prisoner sentenced for a crime committed 25 before October 1, 1992, or who has served 15 calendar years of 26 the sentence in the case of a prisoner sentenced for a crime 27 committed on or after October 1, 1992, is subject to the 02426'97 4 1 jurisdiction of the parole board and may be released on parole by 2 the parole board, subject to the following conditions: 3 (a) One member of the parole board shall interview the pris- 4 oner at the conclusion of 10 calendar years of the sentence and 5 every 5 years thereafter until such time as the prisoner is 6 paroled, discharged, or deceased. The interview schedule pre- 7 scribed in this subdivision applies to all prisoners to whom this 8 subsection is applicable, whether sentenced before, on, or after 9 the effective date of the 1992 amendatory act that amended this 10 subdivision. 11 (b) A parole shall not be granted a prisoner so sentenced 12 until after a public hearing held in the manner prescribed for 13 pardons and commutations in sections44(2)(f) to (h)44 and 14 45. Notice of the public hearing shall be given to the sentenc- 15 ing judge, or the judge's successor in office, and parole shall 16 not be granted if the sentencing judge, or the judge's successor 17 in office, files written objections to the granting of the parole 18 within 30 days of receipt of the notice of hearing. The written 19 objections shall be made part of the prisoner's file. 20 (c) A parole granted under this subsection shall be for a 21 period of not less than 4 years and subject to the usual rules 22 pertaining to paroles granted by the parole board. A parole 23 ordered under this subsection is not valid until the transcript 24 of the record is filed with the attorney general whose certifica- 25 tion of receipt of the transcript shall be returnable to the 26 office of the parole board within 5 days. Except for medical 27 records protected under section 2157 of the revised judicature 02426'97 5 1 act of 1961,Act No. 236 of the Public Acts of 1961, being2section 600.2157 of the Michigan Compiled Laws1961 PA 236, MCL 3 600.2157, the file of a prisoner granted a parole under this sub- 4 section is a public record. 5 (d) A parole shall not be granted under this subsection in 6 the case of a prisoner who is otherwise prohibited by law from 7 parole consideration. In such cases the interview procedures in 8 section 44 shall be followed. 9 (7) Except as provided in section 34a, a prisoner's release 10 on parole is discretionary with the parole board. The action of 11 the parole board in granting or denying a parole is appealable by 12 the prisoner, the prosecutor of the county from which the pris- 13 oner was committed, or the victim of the crime for which the 14 prisoner was convicted. The appeal shall be to the circuit court 15 in the county from which the prisoner was committed, by leave of 16 the court. 17 (8) The provisions of this section regarding prisoners 18 subject to disciplinary time take effect beginning on the effec- 19 tive date ofAct No. 217 of the Public Acts of 19941994 PA 20 217, as prescribed in enacting section 2 of that amendatory act. 02426'97 Final page. DRM