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HB-5194, As Passed House, June 20, 2006

SUBSTITUTE FOR

HOUSE BILL NO. 5194

A bill to amend 1953 PA 232, entitled

"Corrections code of 1953,"

by amending section 36 (MCL 791.236), as amended by 2006 PA 168.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 36. (1) All paroles shall be ordered by the parole board

and shall be signed by the chairperson. Written notice of the order

shall be given to the sheriff or other police officer of the

municipality or county in which the prisoner was convicted, and to

the sheriff or other local police officer of the municipality or

county to which the paroled prisoner is sent.

(2) A parole order may be amended or rescinded at the

discretion of the parole board for cause. If a paroled prisoner who

is required to register pursuant to the sex offenders registration

act, 1994 PA 295, MCL 28.721 to 28.736, willfully violates that

act, the parole board shall rescind the parole. If a prisoner

convicted of violating or conspiring to violate section

7401(2)(a)(i) or (ii) or 7403(2)(a)(i) or (ii) of the public health

code, 1978 PA 368, MCL 333.7401 and 333.7403, is released on parole

and violates or conspires to violate article 7 of the public health

code, 1978 PA 368, MCL ~~333.7401~~ 333.7101 to 333.7545, and that

violation or conspiracy to violate is punishable by imprisonment

for 4 or more years, or commits a violent felony during his or her

release on parole, parole shall be rescinded.

(3) A parole shall not be rescinded unless an interview is

conducted by 1 member of the parole board. The purpose of the

interview is to consider and act upon information received by the

board after the original parole release decision. A rescission

interview shall be conducted within 45 days after receiving the new

information. At least 10 days before the interview, the parolee

shall receive a copy or summary of the new evidence that is the

basis for the interview. An amendment to a parole order shall be in

writing and is not effective until notice of the amendment is given

to the parolee.

(4) When a parole order is issued, the order shall contain the

conditions of the parole and shall specifically provide proper

means of supervision of the paroled prisoner in accordance with the

rules of the bureau of field services.

(5) The parole order shall contain a condition to pay

restitution to the victim of the prisoner's crime or the victim's

estate if the prisoner was ordered to make restitution pursuant to

the William Van Regenmorter crime victim's rights act, 1985 PA 87,

MCL 780.751 to 780.834, or the code of criminal procedure, 1927 PA

175, MCL 760.1 to 777.69.

(6) The parole order shall contain a condition requiring the

parolee to pay a parole supervision fee as prescribed in section

36a.

(7) The parole order shall contain a condition requiring the

parolee to pay any assessment the prisoner was ordered to pay

pursuant to section 5 of 1989 PA 196, MCL 780.905.

(8) The parole order shall contain a condition requiring the

parolee to pay the minimum state cost prescribed by section 1j of

chapter IX of the code of criminal procedure, 1927 PA 175, MCL

769.1j, if the minimum state cost has not been paid.

(9) If the parolee is required to be registered under the sex

offenders registration act, 1994 PA 295, MCL 28.721 to 28.736, the

parole order shall contain a condition requiring the parolee to

comply with that act.

(10) If a prisoner convicted of violating or conspiring to

violate section 7401(2)(a)(i) or (ii) or 7403(2)(a)(i) or (ii) of the

public health code, 1978 PA 368, MCL 333.7401 and 333.7403, is

released on parole, the parole order shall contain a notice that if

the parolee violates or conspires to violate article 7 of the

public health code, 1978 PA 368, MCL ~~333.7401~~ 333.7101 to

333.7545, and that violation or conspiracy to violate is punishable

by imprisonment for 4 or more years, or commits a violent felony

during his or her release on parole, parole shall be rescinded.

(11) A parole order issued for a prisoner subject to

disciplinary time may contain a condition requiring the parolee to

be housed in a community corrections center or a community

residential home for not less than the first 30 days but not more

than the first 180 days of his or her term of parole. As used in

this subsection, "community corrections center" and "community

residential home" mean those terms as defined in section 65a.

(12) The parole order shall contain a condition requiring the

parolee to pay the following amounts owed by the prisoner, if

applicable:

(a) The balance of filing fees and costs ordered to be paid

under section 2963 of the revised judicature act of 1961, 1961 PA

236, MCL 600.2963.

(b) The balance of any filing fee ordered to be paid by a

federal court under section 1915 of title 28 of the United States

Code, 28 USC 1915 and any unpaid order of costs assessed against

the prisoner.

(13) In each case in which payment of restitution is ordered

as a condition of parole, a parole officer assigned to a case shall

review the case not less than twice yearly to ensure that

restitution is being paid as ordered. The final review shall be

conducted not less than 60 days before the expiration of the parole

period. If the parole officer determines that restitution is not

being paid as ordered, the parole officer shall file a written

report of the violation with the parole board on a form prescribed

by the parole board. The report shall include a statement of the

amount of arrearage and any reasons for the arrearage known by the

parole officer. The parole board shall immediately provide a copy

of the report to the court, the prosecuting attorney, and the

victim.

(14) If a parolee is required to register pursuant to the sex

offenders registration act, 1994 PA 295, MCL 28.721 to 28.736, the

parole officer shall register the parolee as provided in that act.

(15) If a parolee convicted of violating or conspiring to

violate section 520b or 520c of the Michigan penal code, 1931 PA

328, MCL 750.520b and 750.520c, other than a parolee who is subject

to lifetime electronic monitoring under section 85, is placed on

parole, the parole board may require that the parolee be subject to

electronic monitoring. The electronic monitoring required under

this subsection shall be conducted in the same manner, and shall be

subject to the same requirements, as is described in section 85 of

this act and section 520n(2) of the Michigan penal code, 1931 PA

328, MCL 750.520n, except as follows:

(a) The electronic monitoring shall continue only for the

duration of the term of parole.

(b) A violation by the parolee of any requirement prescribed

in section 520n(2)(a) to (c) is a violation of a condition of

parole, not a felony violation.

(16) If the parole order contains a condition intended to

protect 1 or more named persons, the department shall enter those

provisions of the parole order into the corrections management

information system, accessible by the law enforcement information

network. If the parole board rescinds a parole order described in

this subsection, the department within 3 business days shall remove

from the corrections management information system the provisions

of that parole order.

(17) A prisoner who is required to be registered under the sex

offenders registration act, 1994 PA 295, MCL 28.721 to 28.736,

before being released on parole or being released upon completion

of his or her maximum sentence, shall provide to the department

notice of the location of his or her proposed place of residence or

domicile. The department then shall forward that notice of location

to the appropriate law enforcement agency as required under section

5(2) of the sex offenders registration act, 1994 PA 295, MCL

28.725. A prisoner who refuses to provide notice of the location of

his or her proposed place of residence or domicile or knowingly

provides an incorrect notice of the location of his or her proposed

place of residence or domicile under this subsection is guilty of a

felony punishable by imprisonment for not more than 4 years or a

fine of not more than $2,000.00, or both.

(18) ~~(17)~~ As used in this section, "violent felony" means an

offense against a person in violation of section 82, 83, 84, 86,

87, 88, 89, 316, 317, 321, 349, 349a, 350, 397, 520b, 520c, 520d,

520e, 520g, 529, 529a, or 530 of the Michigan penal code, 1931 PA

328, MCL 750.82, 750.83, 750.84, 750.86, 750.87, 750.88, 750.89,

750.316, 750.317, 750.321, 750.349, 750.349a, 750.350, 750.397,

750.520b, 750.520c, 750.520d, 750.520e, 750.520g, 750.529,

750.529a, and 750.530.

Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted.

Enacting section 2. This amendatory act does not take effect

unless House Bill No. 5193 of the 93rd Legislature is enacted into