HOUSE BILL No. 4540 March 20, 1997, Introduced by Rep. Profit and referred to the Committee on Corrections. 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 34a (MCL 791.234a), as amended by 1994 PA 427. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 02184'97 DRM 2 1 Sec. 34a. (1) A prisoner sentenced either before, on, or 2 after the effective date of the amendatory act that added this 3 section to an indeterminate term of imprisonment under the juris- 4 diction of the department shall be considered by the department 5 for placement in a special alternative incarceration unit estab- 6 lished under section 3 of the special alternative incarceration 7 act,Act No. 287 of the Public Acts of 1988, being8section 798.13 of the Michigan Compiled Laws1988 PA 287, MCL 9 798.13, if the prisoner meets the eligibility requirements of 10subsections (2) and (3)SUBSECTION (2). For a prisoner commit- 11 ted to the jurisdiction of the department on or after March 19, 12 1992, the department shall determine before the prisoner leaves 13 the reception center whether the prisoner is eligible for place- 14 ment in a special alternative incarceration unit, although actual 15 placement may take place at a later date. A determination of 16 eligibility does not guarantee placement in a unit. 17 (2) To be eligible for placement in a special alternative 18 incarceration unit, the prisoner shall meet all of the following 19 requirements: 20 (a) The prisoner's minimum sentence does not exceedeither21of the following limits, as applicable:60 MONTHS. 22(i) 24 months or less for a violation of section 110 of the23Michigan penal code, Act No. 110 of the Public Acts of 1931,24being section 750.110 of the Michigan Compiled Laws, if the vio-25lation involved any occupied dwelling house, as that term is26defined in that section.02184'97 3 1(ii) 36 months or less for any other crime.2 (b) The prisoner has never previously been placed in a 3 special alternative incarceration unit as either a prisoner or a 4 probationer, unless he or she was removed from a special alterna- 5 tive incarceration unit for medical reasons as specified in sub- 6 section(6)(5). 7 (c) The prisoner is physically able to participate in the 8 program. 9 (d) The prisoner does not appear to have any mental handicap 10 that would prevent participation in the program. 11 (e) The prisoner is serving his or her first prison sentence 12 UNLESS THE SENTENCING JUDGE SPECIFICALLY RECOMMENDED IN THE JUDG- 13 MENT OF SENTENCE THAT THE PRISONER BE PLACED IN A SPECIAL ALTER- 14 NATIVE INCARCERATION UNIT. 15 (f) At the time of sentencing, the judge did not prohibit 16 participation in the program in the judgment of sentence. 17 (g) The prisoner is otherwise suitable for the program, as 18 determined by the department. 19 (h) The prisoner is not serving a sentence for any of the 20 following crimes: 21 (i) A violation of section11, 49, 80,83,89,91, 157b, 22 158,207, 260,316, 317, 327, 328, 335a, 338, 338a, 338b, 349, 23 349a, 350,422,436,511, 516, 517,520b, 529, 529a,531,24 or 544 of the Michigan penal code,Act No. 328 of the Public25Acts of 1931, being sections 750.11, 750.49, 750.80, 750.83,26750.89, 750.91, 750.157b, 750.158, 750.207, 750.260, 750.316,27750.317, 750.327, 750.328, 750.335a, 750.338, 750.338a, 750.338b,02184'97 4 1750.349, 750.349a, 750.350, 750.422, 750.436, 750.511, 750.516,2750.517, 750.520b, 750.529, 750.529a, 750.531, and 750.544 of the3Michigan Compiled Laws1931 PA 328, MCL 750.83, 750.91, 4 750.157B, 750.158, 750.316, 750.317, 750.327, 750.328, 750.335A, 5 750.338, 750.338A, 750.338B, 750.349, 750.349A, 750.350, 750.436, 6 750.520B, 750.529, 750.529A, AND 750.544. 7 (ii) A violation of section 145c, 520c, 520d, or 520g of 8Act No. 328 of the Public Acts of 1931, being sections 750.145c,9750.520c, 750.520d, and 750.520g of the Michigan Compiled Laws10 THE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.145C, 750.520C, 11 750.520D, AND 750.520G. 12(iii) A violation of section 72, 73, or 75 of Act No. 32813of the Public Acts of 1931, being sections 750.72, 750.73, and14750.75 of the Michigan Compiled Laws.15 (iii)(iv)A violation of section86, 112,136b, 193, 16 195,213,OR 319, 321, 329, or 397ofAct No. 328 of the17Public Acts of 1931, being sections 750.86, 750.112, 750.136b,18750.193, 750.195, 750.213, 750.319, 750.321, 750.329, and 750.39719of the Michigan Compiled LawsTHE MICHIGAN PENAL CODE, 1931 PA 20 328, MCL 750.136B, 750.193, 750.195, AND 750.319. 21(v) A violation of section 2 of Act No. 302 of the Public22Acts of 1968, being section 752.542 of the Michigan Compiled23Laws.24(vi) An attempt to commit a crime described in subparagraphs25(i) to (v).26(vii) A violation occurring on or after January 1, 1992, of27section 625(4) or (5) of the Michigan vehicle code, Act No. 30002184'97 5 1of the Public Acts of 1949, being section 257.625 of the Michigan2Compiled Laws.3 (iv)(viii)A crime for which the prisoner was punished 4 pursuant to section 10, 11, or 12 of chapter IX of the code of 5 criminal procedure,Act No. 175 of the Public Acts of 1927,6being sections 769.10, 769.11, and 769.12 of the Michigan7Compiled Laws1927 PA 175, MCL 769.10, 769.11, AND 769.12, 8 UNLESS THE SENTENCING JUDGE SPECIFICALLY RECOMMENDED IN THE JUDG- 9 MENT OF SENTENCE THAT THE PRISONER BE PLACED IN A SPECIAL ALTER- 10 NATIVE INCARCERATION UNIT. 11(3) A prisoner who is serving a sentence for a violation of12section 7401 or 7403 of the public health code, Act No. 368 of13the Public Acts of 1978, being sections 333.7401 and 333.7403 of14the Michigan Compiled Laws, and who has previously been convicted15for a violation of section 7401 or 7403(2)(a), (b), or (e) of Act16No. 368 of the Public Acts of 1978 is not eligible for placement17in a special alternative incarceration unit until after he or she18has served the equivalent of the mandatory minimum sentence pre-19scribed by statute for that violation.20 (3)(4)If the sentencing judge prohibited a prisoner's 21 participation in the special alternative incarceration program in 22 the judgment of sentence, that prisoner shall not be placed in a 23 special alternative incarceration unit. If the sentencing judge 24 permitted the prisoner's participation in the special alternative 25 incarceration program in the judgment of sentence, that prisoner 26 may be placed in a special alternative incarceration unit if the 27 department determines that the prisoner also meets the 02184'97 6 1 requirements ofsubsections (2) and (3)SUBSECTION (2). If the 2 sentencing judge neither prohibited nor permitted a prisoner's 3 participation in the special alternative incarceration program in 4 the judgment of sentence, and the department determines that the 5 prisoner meets the eligibility requirements ofsubsections (2)6and (3)SUBSECTION (2), the department shall notify the judge or 7 the judge's successor, the prosecuting attorney for the county in 8 which the prisoner was sentenced, and any victim of the crime for 9 which the prisoner was committed if the victim has submitted to 10 the department a written request for any notification pursuant to 11 section 19(1) of the crime victim's rights act,Act No. 87 of12the Public Acts of 1985, being section 780.769 of the Michigan13Compiled Laws1985 PA 87, MCL 780.769, of the proposed placement 14 of the prisoner in the special alternative incarceration unit not 15 later than 30 days before placement is intended to occur. The 16 department shall not place the prisoner in a special alternative 17 incarceration unit unless the sentencing judge, or the judge's 18 successor, notifies the department, in writing, that he or she 19 does not object to the proposed placement. In making the deci- 20 sion on whether or not to object, the judge, or judge's succes- 21 sor, shall review any impact statement submitted pursuant to sec- 22 tion 14 ofAct No. 87 of the Public Acts of 1985, being section23780.764 of the Michigan Compiled LawsTHE CRIME VICTIM'S RIGHTS 24 ACT, 1985 PA 87, MCL 780.764, by the victim or victims of the 25 crime of which the prisoner was convicted. 26 (4)(5)Notwithstanding subsection(4)(3), a prisoner 27 shall not be placed in a special alternative incarceration unit 02184'97 7 1 unless the prisoner consents to that placement and agrees that 2 the department may suspend or restrict privileges generally 3 afforded other prisoners including, but not limited to, the areas 4 of visitation, property, mail, publications, commissary, library, 5 and telephone access. However, the department may not suspend or 6 restrict the prisoner's access to the prisoner grievance system. 7 (5)(6)A prisoner may be placed in a special alternative 8 incarceration program for a period of not less than 90 days or 9 more than 120 days. If, during that period, the prisoner misses 10 more than 5 days of program participation due to medical excuse 11 for illness or injury occurring after he or she was placed in the 12 program, the period of placement shall be increased by the number 13 of days missed, beginning with the sixth day of medical excuse, 14 up to a maximum of 20 days. However, the total number of days a 15 prisoner may be placed in this program, including days missed due 16 to medical excuse, shall not exceed 120 days. A medical excuse 17 shall be verified by a physician's statement. A prisoner who is 18 medically unable to participate in the program for more than 25 19 days shall be returned to a state correctional facility but may 20 be reassigned to the program if the prisoner meets the eligibil- 21 ity requirements ofsubsections (2) and (3)SUBSECTION (2). 22 (6)(7)Upon certification of completion of the special 23 alternative incarceration program, the prisoner shall be placed 24 on parole. A prisoner paroled under this section shall have con- 25 ditions of parole as determined appropriate by the parole board 26 and shall be placed on parole for not less than 18 months, or the 02184'97 8 1 balance of the prisoner's minimum sentence, whichever is greater, 2 with at least the first 120 days under intensive supervision. 3 (7)(8)The parole board may suspend or revoke parole for 4 any prisoner paroled under this section subject to sections 39a 5 and 40a. For a prisoner other than a prisoner subject to disci- 6 plinary time, if parole is revoked before the expiration of the 7 prisoner's minimum sentence, less disciplinary credits, the 8 parole board shall forfeit, pursuant to section 33(13) ofAct9No. 118 of the Public Acts of 1893, being section 800.33 of the10Michigan Compiled Laws1893 PA 118, MCL 800.33, all disciplinary 11 credits that were accumulated during special alternative incar- 12 ceration, and the prisoner shall be considered for parole pursu- 13 ant to section 35. 14 (8)(9)On March 19, 1993, and annually after that time, 15 the department shall report to the legislature the impact of the 16 operation of this section, including a report concerning 17 recidivism. 18 (9)(10)The provisions of this section regarding prison- 19 ers subject to disciplinary time take effect beginning on the 20 effective date ofAct No. 217 of the Public Acts of 19941994 21 PA 217, as prescribed in enacting section 2 of that amendatory 22 act. 02184'97 Final page. 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