SB-1122, As Passed House, May 9, 2006
HOUSE SUBSTITUTE FOR
SENATE BILL NO. 1122
A bill to amend 1953 PA 232, entitled
"Corrections code of 1953,"
by amending section 36 (MCL 791.236), as amended by 2003 PA 75.
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(2) A parole order may be amended or rescinded at the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 28.732 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 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parole, parole shall be rescinded.
(3) A parole shall not be rescinded unless an interview is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 28.732
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 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 U.S.C. 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 28.732
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) (15)
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) (16)
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 all of the following bills of the 93rd Legislature are
enacted into law:
(a) Senate Bill No. 709.
(b) Senate Bill No. 717.
(c) Senate Bill No. 718.
(d) House Bill No. 5421.
(e) House Bill No. 5422.
(f) House Bill No. 5531.
(g) House Bill No. 5532.