HB-5532, As Passed House, March 14, 2006

SUBSTITUTE FOR

HOUSE BILL NO. 5532

     A bill to amend 1953 PA 232, entitled

"Corrections code of 1953,"

by amending the title and sections 4 and 6 (MCL 791.204 and

791.206), the title as amended by 1996 PA 164 and section 6 as

amended by 1996 PA 104, and by adding section 85.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

TITLE

     An act to revise, consolidate, and codify the laws relating to

probationers and probation officers, to pardons, reprieves,

commutations, and paroles, to the administration of correctional

institutions, correctional farms, and probation recovery camps, to

prisoner labor and correctional industries, and to the supervision

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 allow for the operation of certain

facilities by private entities; 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 provide for a

lifetime electronic monitoring program; to prescribe penalties 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 inconsistent with

the provisions of this act.

     Sec. 4. Subject to constitutional powers vested in the

executive and judicial departments of the state, the department

shall have exclusive jurisdiction over all of the following:

(a) Probation officers of this state, and the administration

of all orders of probation.  ,

(b)  pardons  Pardons, reprieves, commutations, and paroles.

, and

(c)  penal  Penal institutions, correctional farms, probation

recovery camps, prison labor and industry, wayward minor programs,

and youthful trainee institutions and programs for the care and

supervision of youthful trainees.

     (d) The lifetime electronic monitoring program established

under section 85.

     Sec. 6. (1) The director may promulgate rules pursuant to the

administrative procedures act of 1969,  Act No. 306 of the Public

Acts of 1969, being sections 24.201 to 24.328 of the Michigan

Compiled Laws  1969 PA 306, MCL 24.201 to 24.328,  which may  to

provide for all of the following:

     (a) The control, management, and operation of the general

affairs of the department.

     (b) Supervision and control of probationers and probation

officers throughout this state.

     (c) The manner in which applications for pardon, reprieve,

medical commutation, or commutation shall be made to the governor;

the procedures for handling applications and recommendations by the

parole board; the manner in which paroles shall be considered, the

criteria to be used to reach release decisions, the procedures for

medical and special paroles, and the duties of the parole board in

those matters; interviews on paroles and for the notice of intent

to conduct an interview; the entering of appropriate orders

granting or denying paroles; the supervision and control of paroled

prisoners; and the revocation of parole.

     (d) The management and control of state penal institutions,

correctional farms, probation recovery camps, and programs for the

care and supervision of youthful trainees separate and apart from

persons convicted of crimes within the jurisdiction of the

department. Except as provided for in section 62(3), this

subdivision  shall  does not apply to detention facilities operated

by local units of government used to detain persons less than 72

hours. The rules may permit the use of portions of penal

institutions in which persons convicted of crimes are detained. The

rules shall provide that decisions as to the removal of a youth

from the youthful trainee facility or the release of a youth from

the supervision of the department shall be made by the department

and shall assign responsibility for those decisions to a committee.

     (e) The management and control of prison labor and industry.

     (2) The director may promulgate rules providing for a parole

board structure consisting of 3-member panels.

     (3) The director may promulgate further rules with respect to

the affairs of the department as the director considers necessary

or expedient for the proper administration of this act. The

director may modify, amend, supplement, or rescind a rule.

     (4) The director and the corrections commission shall not

promulgate a rule or adopt a guideline that does either of the

following:

     (a) Prohibits a probation officer or parole officer from

carrying a firearm while on duty.

     (b) Allows a prisoner to have his or her name changed. If the

Michigan supreme court rules that subsection 4(b) is violative of

constitutional provisions under the first and fourteenth amendments

to the United States constitution and article I, sections 2 and 4

of the Michigan constitution of 1963, the remaining provisions of

the code shall remain in effect.

     (5) If the Michigan supreme court rules that sections 45 and

46 of the administrative procedures act of 1969,  Act No. 306 of

the Public Acts of 1969, being sections 24.245 and 24.246 of the

Michigan Compiled Laws, 1969 PA 306, MCL 24.201 to 24.328, are

unconstitutional, and a statute requiring legislative review of

administrative rules is not enacted within 90 days after the

Michigan supreme court ruling, the department shall not promulgate

rules under this section.

     (6) The director may promulgate rules providing for the

creation and operation of a lifetime electronic monitoring program

to conduct electronic monitoring of individuals, who have served

sentences imposed for certain crimes, following their release from

parole, prison, or both parole and prison.

     Sec. 85. (1) The lifetime electronic monitoring program is

established in the department. The lifetime electronic monitoring

program shall implement a system of monitoring individuals released

from parole, prison, or both parole and prison who are sentenced by

the court to lifetime electronic monitoring. The lifetime

electronic monitoring program shall accomplish all of the

following:

     (a) By electronic means, track the movement and location of

each individual from the time the individual is released on parole

or prison until the time of the individual's death.

     (b) Develop methods by which the individual's movement and

location may be determined, both in real time and recorded, and

recorded information retrieved upon request by the court or a law

enforcement agency.

     (2) An individual who is sentenced to lifetime electronic

monitoring shall wear or otherwise carry an electronic monitoring

device as determined by the department under the lifetime

electronic monitoring program in the manner prescribed by that

program and shall reimburse the department or its agent for the

actual cost of electronically monitoring the individual.

     (3) As used in this section, "electronic monitoring" means a

device by which, through global positioning system satellite or

other means, an individual's movement and location are tracked and

recorded.

     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. 5531 of the 93rd Legislature is enacted into

law.