August 11, 2010, Introduced by Senator BRATER and referred to the Committee on Judiciary.
A bill to amend 1953 PA 232, entitled
"Corrections code of 1953,"
by amending sections 65 and 65a (MCL 791.265 and 791.265a), section
65 as amended by 1998 PA 512 and section 65a as amended by 1998 PA
315.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 65. (1) Under rules promulgated by the director of the
department, the assistant director in charge of the bureau of
correctional facilities, except as otherwise provided in this
section,
may cause the transfer or re-transfer retransfer of a
prisoner from a correctional facility to which committed to any
other correctional facility, or temporarily to a state institution
for medical or surgical treatment. In effecting a transfer, the
assistant director of the bureau of correctional facilities may
utilize the services of an executive or employee within the
department and of a law enforcement officer of the state.
(2)
A Except as provided in
section 65a, a prisoner who is
subject to disciplinary time and is committed to the jurisdiction
of the department shall be confined in a secure correctional
facility for the duration of his or her minimum sentence, except
for periods when the prisoner is away from the secure correctional
facility
while being supervised by an employee of the department or
by
an employee of a private vendor that operates a youth
correctional
facility under section 20g for 1 of
the following
purposes:
(a) Visiting a critically ill relative.
(b) Attending the funeral of a relative.
(c) Obtaining medical services not otherwise available at the
secure correctional facility.
(d) Participating in a work detail.
(3) As used in this section, "offender" means a citizen of the
United States or a foreign country who has been convicted of a
crime and been given a sentence in a country other than the country
of which he or she is a citizen. If a treaty is in effect between
the United States and a foreign country, which provides for the
transfer of offenders from the jurisdiction of 1 of the countries
to the jurisdiction of the country of which the offender is a
citizen, and if the offender requests the transfer, the governor of
this state or a person designated by the governor may give the
approval of this state to a transfer of an offender, if the
conditions of the treaty are satisfied.
(4) Not less than 45 days before approval of a transfer
pursuant to subsection (3) from this state to another country, the
governor, or the governor's designee, shall notify the sentencing
judge and the prosecuting attorney of the county having original
jurisdiction, or their successors in office, of the request for
transfer. The notification shall indicate any name changes of the
offender subsequent to sentencing. Within 20 days after receiving
such notification, the judge or prosecutor may send to the
governor, or the governor's designee, information about the
criminal action against the offender or objections to the transfer.
Objections to the transfer shall not preclude approval of the
transfer.
(5) As used in this section, "secure correctional facility"
means a facility that houses prisoners under the jurisdiction of
the department according to the following requirements:
(a) The facility is enclosed by a locked fence or wall that is
designed to prevent prisoners from leaving the enclosed premises
and that is patrolled by correctional officers.
(b) Prisoners in the facility are restricted to the area
inside the fence or wall.
(c) Prisoners are under guard by correctional officers 7 days
per week, 24 hours per day.
Sec. 65a. (1) Under prescribed conditions, the director may
extend the limits of confinement of a prisoner when there is
reasonable assurance, after consideration of all facts and
circumstances, that the prisoner will not become a menace to
society or to the public safety, by authorizing the prisoner to do
any of the following:
(a) Visit a specifically designated place or places. An
extension of limits may be granted only to a prisoner housed in a
state correctional facility to permit a visit to a critically ill
relative, attendance at the funeral of a relative, or contacting
prospective employers. The maximum amount of time a prisoner is
eligible for an extension of the limits of confinement under this
subdivision shall not exceed a cumulative total period of 30 days.
(b) Obtain medical services not otherwise available to a
prisoner housed in a state correctional facility.
(c)
Work at paid or transitional employment
, or participate
in
a training, or educational, cognitive, or treatment program, or
participate
in a community residential drug treatment other program
consistent with the prisoner's case management plan, while
continuing as a prisoner housed on a voluntary basis at a community
corrections center or in a community residential home.
(2) The director shall promulgate rules to implement this
section.
(3) The willful failure of a prisoner to remain within the
extended limits of his or her confinement or to return within the
time prescribed to an institution or facility designated by the
director shall be considered an escape from custody as provided in
section 193 of the Michigan penal code, 1931 PA 328, MCL 750.193.
(4)
Subject to subsection (8), (7),
a prisoner ,
other than a
prisoner
subject to disciplinary time, who
is convicted of a crime
of violence or any assaultive crime is not eligible for the
extensions of the limits of confinement provided in subsection (1)
until
the minimum sentence imposed for the crime has less fewer
than 180 days remaining.
(5)
Subject to subsection (8), a prisoner subject to
disciplinary
time is not eligible for the extensions of the limits
of
confinement provided in subsection (1) until he or she has
served
the minimum sentence imposed for the crime.
(5) (6)
However, notwithstanding subsections
(4) or (5),
subsection (4), if the reason for the extension is to visit a
critically ill relative, attend the funeral of a relative, or
obtain medical services not otherwise available, the director may
allow the extension under escort as provided in subsection (1).
(6) (7)
A prisoner serving a sentence for
murder in the first
degree is not eligible for the extensions of confinement under this
section until a parole release date is established by the parole
board and in no case before serving 15 calendar years with a good
institutional adjustment.
(7) (8)
A prisoner who is convicted of a
crime of violence or
any assaultive crime, and whose minimum sentence imposed for the
crime is 10 years or more, shall not be placed in a community
residential home during any portion of his or her sentence.
(8) (9)
As used in this section:
(a) "Community corrections center" means a facility either
contracted for or operated by the department in which a security
staff is on duty 7 days per week, 24 hours per day.
(b) "Community residential home" means a location where
electronic monitoring of prisoner presence is provided by the
department 7 days per week, 24 hours per day, except that the
department may waive the requirement that electronic monitoring be
provided as to any prisoner who is within 3 months of his or her
parole date.
(c) "State correctional facility" means a facility owned or
leased by the department. State correctional facility does not
include a community corrections center or community residential
home.