HOUSE BILL No. 5397


     December 3, 1997, Introduced by Rep. Frank and referred to the Committee on Corrections.


        A bill to amend 1893 PA 118, entitled

   "An act to revise and consolidate the laws relative to state
   prisons, to state houses of correction, and branches of state
   prisons and reformatories, and the government and discipline
   thereof and to repeal all acts inconsistent therewith,"

   by amending section 34 (MCL 800.34), as amended by 1996 PA 83;

   and to repeal acts and parts of acts.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 34.  (1) A prisoner subject to disciplinary time shall

 2    receive disciplinary time for each major misconduct for which he

 3    or she is found guilty as prescribed by rule pursuant to

 4    section 35.

 5         (2) Accumulated disciplinary time shall be added to a

 6    prisoner's minimum sentence in order to determine his or her

 7    parole eligibility date.  A prisoner's minimum sentence, plus

 8    disciplinary time, shall not exceed his or her maximum sentence.



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 1         (3) A prisoner who has been sentenced concurrently for

 2    separate convictions shall have his or her disciplinary time com-

 3    puted and accumulated on each sentence individually.  If a pris-

 4    oner is serving consecutive sentences for separate convictions,

 5    his or her disciplinary time shall be computed and accumulated on

 6    each sentence individually.

 7         (4) A prisoner subject to disciplinary time may have any or

 8    all of his or her accumulated disciplinary time reduced by the

 9    department if he or she has demonstrated exemplary good conduct

10    during the term of imprisonment.  Disciplinary time deducted pur-

11    suant to this section may be restored if the prisoner is found

12    guilty of a major misconduct.

13         (5) As used in this act, "prisoner subject to disciplinary

14    time" means a prisoner sentenced TO THE JURISDICTION OF THE

15    DEPARTMENT OF CORRECTIONS on or after the effective date of the

16    1997 amendatory act that  added  AMENDED this SUBSECTION.

17     section to an indeterminate term of imprisonment for any of the

18     following:

19          (a) A violation of section 625(4) or (5) of the Michigan

20     vehicle code, Act No. 300 of the Public Acts of 1949, being

21     section 257.625 of the Michigan Compiled Laws.

22          (b) A violation of section 80176(4) or (5) of part 801

23     (marine safety) of the natural resources and environmental pro-

24     tection act, Act No. 451 of the Public Acts of 1994, being sec-

25     tion 324.80176 of the Michigan Compiled Laws.

26          (c) A violation of section 72, 73, 80, 82, 83, 84, 86, 87,

27     88, 89, 90, 110a(2), 112, 136b(2), 145c, 204, 204a, 205, 205a,



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 1    206, 207, 208, 210, 211, 211a, 213, 316, 317, 319, 321, 322, 327,

 2     328, 329, 349, 349a, 350, 357, 397, 411i, 479b, 520b, 520c, 520d,

 3     520e, 520g, 529, 529a, 530, or 531 of the Michigan penal code,

 4     Act No. 328 of the Public Acts of 1931, being sections  750.72,

 5     750.73, 750.80, 750.82, 750.83, 750.84, 750.86, 750.87, 750.88,

 6     750.89, 750.90, 750.110a, 750.112, 750.136b, 750.145c, 750.204,

 7     750.204a, 750.205, 750.205a, 750.206, 750.207, 750.208, 750.210,

 8     750.211, 750.211a, 750.213, 750.316, 750.317, 750.319, 750.321,

 9     750.322, 750.327, 750.328, 750.329, 750.349, 750.349a, 750.350,

10     750.357, 750.397, 750.411i, 750.479b, 750.520b, 750.520c,

11     750.520d, 750.520e, 750.520g, 750.529, 750.529a, 750.530, and

12     750.531 of the Michigan Compiled Laws.

13          (d) A violation of section 1 of Act No. 214 of the Public

14     Acts of 1931, being section 752.191 of the Michigan Compiled

15     Laws.

16          (e) A violation of section 1, 2, or 2a of Act No. 302 of the

17     Public Acts of 1968, being sections 752.541, 752.542, and

18     752.542a of the Michigan Compiled Laws.

19          (f) Any offense not listed in subdivisions (a) to (e) that

20     is punishable by life imprisonment.

21          (g) An attempt, conspiracy, or solicitation to commit an

22     offense described in subdivisions (a) to (f). 

23         Enacting section 1.  The following acts and parts of acts

24    are repealed:

25         (a) Enacting section 2 of 1994 PA 217.

26         (b) Enacting section 2 of 1994 PA 218.





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 1         Enacting section 2.  This amendatory act does not take

 2    effect unless Senate Bill No. _____ or House Bill No. _____

 3    (request no. 01050'97 a) of the 89th Legislature is enacted into

 4    law.
















































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