HOUSE BILL No. 4541


     March 20, 1997, Introduced by Rep. Profit and referred to the Committee on Judiciary.


        A bill to amend 1985 PA 87, entitled

   "Crime victim's rights act,"

   by amending the title and sections 19 and 21 (MCL 780.769 and

   780.771), the title as amended by 1988 PA 22 and section 19 as

   amended by 1996 PA 105.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1                                  TITLE

 2         An act to establish the rights of victims of crime and juve-

 3    nile offenses AND THE RIGHTS OF CERTAIN OTHER PERSONS; to provide

 4    for certain procedures; to establish certain immunities and

 5    duties; to limit convicted criminals from deriving profit under

 6    certain circumstances; to prohibit certain conduct of employers

 7    or employers' agents toward victims; and to provide for penalties

 8    and remedies.




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 1         Sec. 19.  (1) Upon the written request of a victim of a

 2    crime, the sheriff or the department of corrections shall mail to

 3    the victim the following, as applicable, about a prisoner who has

 4    been sentenced to imprisonment under the jurisdiction of the

 5    sheriff or the department for commission of that crime:

 6         (a) Within 30 days after the request, notice of the

 7    sheriff's calculation of the earliest release date of the prison-

 8    er, or the department's calculation of the earliest parole eligi-

 9    bility date of the prisoner, with all potential good time or dis-

10    ciplinary credits considered if the sentence of imprisonment

11    exceeds 90 days.  The victim may request 1-time only notice of

12    the calculation described in this subdivision.

13         (b) Notice of the transfer or pending transfer of the pris-

14    oner to a minimum security facility and the address of that

15    facility.

16         (c) Notice of the release or pending release of the prisoner

17    in a community residential program, under extended furlough, or

18    any other transfer of a prisoner to community status.

19         (d) Notice of the escape of the person accused, convicted,

20    or imprisoned for committing a crime against the victim, as pro-

21    vided in section 20.

22         (e) Notice of the victim's right to address or submit a

23    written statement for consideration by a parole board member or a

24    member of any other panel having authority over the prisoner's

25    release on parole, as provided in section 21.







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 1         (f) Notice of the decision of the parole board, or any other

 2    panel having authority over the prisoner's release on parole,

 3    after a parole review, as provided in section 21(3).

 4         (g) Notice of the release of a prisoner 90 days before the

 5    date of the prisoner's discharge from prison if practical, unless

 6    the notice has been otherwise provided under this article.

 7         (h) Notice of a public hearing under section 44 of  Act

 8     No. 232 of the Public Acts of 1953, being section 791.244 of the

 9     Michigan Compiled Laws  1953 PA 232, MCL 791.244, regarding a

10    reprieve, commutation, or pardon of the prisoner's sentence by

11    the governor.

12         (i) Notice that a reprieve, commutation, or pardon has been

13    granted.

14         (j) Notice that a prisoner has had his or her name legally

15    changed while on parole or within 2 years of release from

16    parole.

17         (2) A victim's address and telephone number maintained by a

18    sheriff or the department of corrections pursuant to a request

19    for notice under subsection (1) is exempt from disclosure under

20    the freedom of information act,  Act No. 442 of the Public Acts

21     of 1976, being sections 15.231 to 15.246 of the Michigan Compiled

22     Laws  1976 PA 442, MCL 15.231 TO 15.246.

23         (3) BEGINNING ON THE EFFECTIVE DATE OF THE AMENDATORY ACT

24    THAT ADDED THIS SUBSECTION, A PERSON OTHER THAN A VICTIM OF A

25    CRIME MAY SUBMIT A WRITTEN REQUEST IN THE MANNER PRESCRIBED IN

26    SUBSECTION (1), AND SHALL BE ENTITLED TO RECEIVE THE SAME NOTICES

27    THAT ARE REQUIRED TO BE MAILED TO THE VICTIM OF THE CRIME.  THE



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 1    REQUEST SHALL SPECIFY THE NAME OF THE PRISONER ABOUT WHOM THE

 2    PERSON WISHES TO RECEIVE NOTICE, AND THE PERSON'S NAME AND

 3    ADDRESS.

 4         Sec. 21.  (1) A victim  shall have  HAS the right to address

 5    or submit a written statement for consideration by a parole board

 6    member or a member of any other panel having authority over the

 7    prisoner's release on parole.

 8         (2) Not less than 30 days before a review of the prisoner's

 9    release ON PAROLE, a victim who has requested notice under sec-

10    tion  19(1)(f)  19(1)(E) shall be given written notice by the

11    department of corrections informing the victim of the pending

12    review and of victims' rights under this section.  The victim, at

13    his or her own expense, may be represented by counsel at the

14    review.

15         (3) A victim shall receive notice of the decision of the

16    board or panel and, if applicable, notice of the date of the

17    prisoner's release on parole.  Notice shall be mailed within a

18    reasonable time after the board or panel reaches its decision but

19    not later than 14 days after the board or panel has reached its

20    decision.

21         (4) BEGINNING ON THE EFFECTIVE DATE OF THE AMENDATORY ACT

22    THAT ADDED THIS SUBSECTION, A PERSON OTHER THAN THE VICTIM OF A

23    CRIME, IF HE OR SHE SUBMITTED A WRITTEN REQUEST FOR NOTICE AS TO

24    A PRISONER UNDER SECTION 19(3), HAS THE SAME RIGHTS AS A VICTIM

25    UNDER THIS SECTION AS TO THE PAROLE CONSIDERATION OF THE PRISONER

26    DESIGNATED BY THAT PERSON IN THE WRITTEN REQUEST.





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