February 11, 2004, Introduced by Senators SWITALSKI, CLARK-COLEMAN and SCOTT and referred to the Committee on Judiciary.
A bill to amend 1953 PA 232, entitled
"Corrections code of 1953,"
by amending section 34 (MCL 791.234), as amended by 2002 PA 670.
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
3 correctional facility with a minimum in terms of years other than
4 a prisoner subject to disciplinary time is subject to the
5 jurisdiction of the parole board when the prisoner has served a
6 period of time equal to the minimum sentence imposed by the court
7 for the crime of which he or she was convicted, less good time
8 and disciplinary credits, if applicable.
9 (2) Except as provided in section 34a, a prisoner subject to
10 disciplinary time sentenced to an indeterminate sentence and
11 confined in a state correctional facility with a minimum in terms
1 of years is subject to the jurisdiction of the parole board when
2 the prisoner has served a period of time equal to the minimum
3 sentence imposed by the court for the crime of which he or she
4 was convicted.
5 (3) If a prisoner other than a prisoner subject to
6 disciplinary time is sentenced for consecutive terms, whether
7 received at the same time or at any time during the life of the
8 original sentence, the parole board has jurisdiction over the
9 prisoner for purposes of parole when the prisoner has served the
10 total time of the added minimum terms, less the good time and
11 disciplinary credits allowed by statute. The maximum terms of
12 the sentences shall be added to compute the new maximum term
13 under this subsection, and discharge shall be issued only after
14 the total of the maximum sentences has been served less good time
15 and disciplinary credits, unless the prisoner is paroled and
16 discharged upon satisfactory completion of the parole.
17 (4) If a prisoner subject to disciplinary time is sentenced
18 for consecutive terms, whether received at the same time or at
19 any time during the life of the original sentence, the parole
20 board has jurisdiction over the prisoner for purposes of parole
21 when the prisoner has served the total time of the added minimum
22 terms. The maximum terms of the sentences shall be added to
23 compute the new maximum term under this subsection, and discharge
24 shall be issued only after the total of the maximum sentences has
25 been served, unless the prisoner is paroled and discharged upon
26 satisfactory completion of the parole.
27 (5) If a prisoner other than a prisoner subject to
1 disciplinary time has 1 or more consecutive terms remaining to
2 serve in addition to the term he or she is serving, the parole
3 board may terminate the sentence the prisoner is presently
4 serving at any time after the minimum term of the sentence has
5 been served.
6 (6) A prisoner under sentence for life, other than a prisoner
7 sentenced for life for murder in the first degree or sentenced
8 for life for a violation of chapter XXXIII of the Michigan penal
9 code, 1931 PA 328, MCL 750.200 to 750.212a, who has served 10
10 calendar years of the sentence in the case of a prisoner
11 sentenced for a crime committed before October 1, 1992, or,
12 except as provided in subsection (10), who has served 20 calendar
13 years of the sentence in the case of a prisoner sentenced to
14 imprisonment for life for violating or conspiring to violate
15 section 7401(2)(a)(i) of the public health code, 1978 PA 368,
16 MCL 333.7401, who has another conviction for a serious crime, or,
17 except as provided in subsection (10), who has served 17-1/2
18 calendar years of the sentence in the case of a prisoner
19 sentenced to imprisonment for life for violating or conspiring to
20 violate section 7401(2)(a)(i) of the public health code, 1978
21 PA 368, MCL 333.7401, who does not have another conviction for a
22 serious crime, or who has served 15 calendar years of the
23 sentence in the case of a prisoner sentenced for a crime
24 committed on or after October 1, 1992, is subject to the
25 jurisdiction of the parole board and may be released on parole by
26 the parole board, subject to the following conditions:
27 (a) At the conclusion of 10 calendar years of the prisoner's
1 sentence and every 5
years thereafter as determined by the
2 parole board until the prisoner is paroled, discharged, or
3 deceased, and in accordance with the procedures described in
4 subsection (7), 1 member of the parole board shall interview the
5 prisoner. The interview schedule prescribed in this subdivision
6 applies to all prisoners to whom this subsection is applicable,
7 regardless of the date on which they were sentenced.
8 (b) In addition
to the interview schedule prescribed in
9 subdivision (a), the
parole board shall review the prisoner's
10 file at the conclusion
of 15 calendar years of the prisoner's
11 sentence and every 5
years thereafter until the prisoner is
12 paroled, discharged,
or deceased. A prisoner whose file is to be
13 reviewed under this
subdivision shall be notified of the upcoming
14 file review at least
30 days before the file review takes place
15 and shall be allowed
to submit written statements or documentary
16 evidence for the
parole board's consideration in conducting the
17 file review.
18 (b) (c) A
decision to grant or deny parole to a prisoner so
19 sentenced shall not be made until after a public hearing held in
20 the manner prescribed for pardons and commutations in sections 44
21 and 45. Notice of the public hearing shall be given to the
22 sentencing judge, or the judge's successor in office, and parole
23 shall not be granted if the sentencing judge, or the judge's
24 successor in office, files written objections to the granting of
25 the parole within 30 days of receipt of the notice of hearing.
26 The written objections shall be made part of the prisoner's
27 file.
1 (c) (d) A
parole granted under this subsection shall be for
2 a period of not less than 4 years and subject to the usual rules
3 pertaining to paroles granted by the parole board. A parole
4 ordered under this subsection is not valid until the transcript
5 of the record is filed with the attorney general whose
6 certification of receipt of the transcript shall be returnable to
7 the office of the parole board within 5 days. Except for medical
8 records protected under section 2157 of the revised judicature
9 act of 1961, 1961 PA 236, MCL 600.2157, the file of a prisoner
10 granted a parole under this subsection is a public record.
11 (d) (e) A
parole shall not be granted under this subsection
12 in the case of a prisoner who is otherwise prohibited by law from
13 parole consideration. In such cases the interview procedures in
14 section 44 shall be followed.
15 (7) An interview conducted under subsection (6)(a) is subject
16 to both of the following requirements:
17 (a) The prisoner shall be given written notice, not less than
18 30 days before the interview date, stating that the interview
19 will be conducted.
20 (b) The prisoner may be represented at the interview by an
21 individual of his or her choice. The representative shall not be
22 another prisoner. A prisoner is not entitled to appointed
23 counsel at public expense. The prisoner or representative may
24 present relevant evidence in favor of holding a public hearing as
25 described in subsection (6)(b).
26 (8) In determining whether a prisoner convicted of violating
27 or conspiring to violate section 7401(2)(a)(i) of the public
1 health code, 1978 PA 368, MCL 333.7401, and sentenced to
2 imprisonment for life before October 1, 1998 is to be released on
3 parole, the parole board shall consider all of the following:
4 (a) Whether the violation was part of a continuing series of
5 violations of section 7401 or 7403 of the public health code,
6 1978 PA 368, MCL 333.7401 and 333.7403, by that individual.
7 (b) Whether the violation was committed by the individual in
8 concert with 5 or more other individuals.
9 (c) Any of the following:
10 (i) Whether the individual was a principal administrator,
11 organizer, or leader of an entity that the individual knew or had
12 reason to know was organized, in whole or in part, to commit
13 violations of section 7401 or 7403 of the public health code,
14 1978 PA 368, MCL 333.7401 and 333.7403, and whether the violation
15 for which the individual was convicted was committed to further
16 the interests of that entity.
17 (ii) Whether the individual was a principal administrator,
18 organizer, or leader of an entity that the individual knew or had
19 reason to know committed violations of section 7401 or 7403 of
20 the public health code, 1978 PA 368, MCL 333.7401 and 333.7403,
21 and whether the violation for which the individual was convicted
22 was committed to further the interests of that entity.
23 (iii) Whether the violation was committed in a drug-free
24 school zone.
25 (iv) Whether the violation involved the delivery of a
26 controlled substance to an individual less than 17 years of age
27 or possession with intent to deliver a controlled substance to an
1 individual less than 17 years of age.
2 (9) Except as provided in section 34a, a prisoner's release
3 on parole is discretionary with the parole board. The action of
4 the parole board in granting a parole is appealable by the
5 prosecutor of the county from which the prisoner was committed or
6 the victim of the crime for which the prisoner was convicted.
7 The appeal shall be to the circuit court in the county from which
8 the prisoner was committed, by leave of the court.
9 (10) If the sentencing judge, or his or her successor in
10 office, determines on the record that a prisoner described in
11 subsection (6) sentenced to imprisonment for life for violating
12 or conspiring to violate section 7401(2)(a)(i) of the public
13 health code, 1978 PA 368, MCL 333.7401, has cooperated with law
14 enforcement, the prisoner is subject to the jurisdiction of the
15 parole board and may be released on parole as provided in
16 subsection (6), 2-1/2 years earlier than the time otherwise
17 indicated in subsection (6). The prisoner is considered to have
18 cooperated with law enforcement if the court determines on the
19 record that the prisoner had no relevant or useful information to
20 provide. The court shall not make a determination that the
21 prisoner failed or refused to cooperate with law enforcement on
22 grounds that the defendant exercised his or her constitutional
23 right to trial by jury. If the court determines at sentencing
24 that the defendant cooperated with law enforcement, the court
25 shall include its determination in the judgment of sentence.
26 (11) An individual convicted of violating or conspiring to
27 violate section 7401(2)(a)(ii) or 7403(2)(a)(ii) of the public
1 health code, 1978 PA 368,
MCL 333.7401 and 333.7403, before the
2 effective date of the
amendatory act that added this subsection
3 March 1, 2003 is eligible for parole after serving the minimum of
4 each sentence imposed for that violation or 10 years of each
5 sentence imposed for that violation, whichever is less.
6 (12) An individual convicted of violating or conspiring to
7 violate section 7401(2)(a)(iii) or 7403(2)(a)(iii) of the public
8 health code, 1978 PA 368,
MCL 333.7401 and 333.7403, before the
9 effective date of the
amendatory act that added this subsection
10 March 1, 2003 is eligible for parole after serving the minimum of
11 each sentence imposed for that violation or 5 years of each
12 sentence imposed for that violation, whichever is less.
13 (13) An individual convicted of violating or conspiring to
14 violate section 7401(2)(a)(iv) or 7403(2)(a)(iv) of the public
15 health code, 1978 PA 368,
MCL 333.7401 and 333.7403, before the
16 effective date of the
amendatory act that added this subsection
17 March 1, 2003 who is sentenced to a term of imprisonment that is
18 consecutive to a term of imprisonment imposed for any other
19 violation of section 7401(2)(a)(i) to (iv) or section
20 7403(2)(a)(i) to (iv) is eligible for parole after serving 1/2 of
21 the minimum sentence imposed for each violation of
22 section 7401(2)(a)(iv) or 7403(2)(a)(iv). This subsection does
23 not apply if the sentence was imposed for a conviction for a new
24 offense committed while the individual is on probation or
25 parole.
26 (14) The parole board shall provide notice to the prosecuting
27 attorney of the county in which the individual was convicted
1 before granting parole to the individual under subsection (11),
2 (12), or (13).
3 (15) As used in this section:
4 (a) "Serious crime" means violating or conspiring to violate
5 article 7 of the public health code, 1978 PA 368, MCL 333.7101 to
6 333.7545, that is punishable by imprisonment for more than 4
7 years, or an offense against a person in violation of section 83,
8 84, 86, 87, 88, 89, 316, 317, 321, 349, 349a, 350, 397, 520b,
9 520c, 520d, 520g, 529, 529a, or 530 of the Michigan penal code,
10 1931 PA 328, MCL 750.83, 750.84, 750.86, 750.87, 750.88, 750.89,
11 750.316, 750.317, 750.321, 750.349, 750.349a, 750.350, 750.397,
12 750.520b, 750.520c, 750.520d, 750.520g, 750.529, 750.529a, and
13 750.530.
14 (b) "State correctional facility" means a facility that
15 houses prisoners committed to the jurisdiction of the department,
16 and includes a youth correctional facility operated under section
17 20g by the department or a private vendor.