February 13, 2007, Introduced by Reps. Pastor and Meekhof and referred to the Committee on Judiciary.
A bill to amend 1953 PA 232, entitled
"Corrections code of 1953,"
by amending section 33 (MCL 791.233), as amended by 1998 PA 320.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 33. (1) The grant of a parole is subject to all of the
following:
(a)
A prisoner shall not be given liberty on granted parole
until the board has reasonable assurance, after consideration of
all of the facts and circumstances, including the prisoner's mental
and social attitude, that the prisoner will not become a menace to
society or to the public safety.
(b) Except as provided in section 34a, a parole shall not be
granted to a prisoner other than a prisoner subject to disciplinary
time until the prisoner has served the minimum term imposed by the
court less allowances for good time or special good time to which
the prisoner may be entitled by statute, except that a prisoner
other than a prisoner subject to disciplinary time is eligible for
parole before the expiration of his or her minimum term of
imprisonment whenever the sentencing judge, or the judge's
successor in office, gives written approval of the parole of the
prisoner before the expiration of the minimum term of imprisonment.
(c) Except as provided in section 34a, and notwithstanding the
provisions of subdivision (b), a parole shall not be granted to a
prisoner other than a prisoner subject to disciplinary time
sentenced for the commission of a crime described in section 33b(a)
to (cc) until the prisoner has served the minimum term imposed by
the court less an allowance for disciplinary credits as provided in
section 33(5) of 1893 PA 118, MCL 800.33. A prisoner described in
this subdivision is not eligible for special parole.
(d) Except as provided in section 34a, a parole shall not be
granted to a prisoner subject to disciplinary time until the
prisoner has served the minimum term imposed by the court.
(e) A prisoner shall not be released on parole until the
parole board has satisfactory evidence that arrangements have been
made for such honorable and useful employment as the prisoner is
capable of performing, for the prisoner's education, or for the
prisoner's care if the prisoner is mentally or physically ill or
incapacitated.
(f) A prisoner whose minimum term of imprisonment is 2 years
or
more shall not be released on parole unless he or she has either
earned
a high school diploma, or earned its equivalent in the form
of a general education development (GED) certificate, or earned an
employment readiness certificate. The director of the department
may waive the restriction imposed by this subdivision as to any
prisoner who is over the age of 65 or who was gainfully employed
immediately before committing the crime for which he or she was
incarcerated. The department of corrections may also waive the
restriction imposed by this subdivision as to any prisoner who has
a learning disability, who does not have the necessary proficiency
in English, or who for some other reason that is not the fault of
the prisoner is unable to successfully complete the requirements
for
a high school diploma, or a general education development
certificate, or an employment readiness certificate. If the
prisoner does not have the necessary proficiency in English, the
department of corrections shall provide English language training
for that prisoner necessary for the prisoner to begin working
toward the completion of the requirements for a general education
development certificate or employment readiness certificate. This
subdivision applies to prisoners sentenced for crimes committed
after December 15, 1998. In providing an educational program
leading
to a high school degree, or general education development
certificate, or employment readiness certificate, the department
shall give priority to prisoners sentenced for crimes committed on
or before December 15, 1998.
(2) Paroles-in-custody to answer warrants filed by local or
out-of-state agencies, or immigration officials, are permissible if
an accredited agent of the agency filing the warrant calls for the
prisoner to be paroled in custody.
(3) Pursuant to the administrative procedures act of 1969,
1969 PA 306, MCL 24.201 to 24.328, the parole board may promulgate
rules not inconsistent with this act with respect to conditions to
be imposed upon prisoners paroled under this act.