SB-1307, As Passed Senate, December 14, 2012

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 1307

A bill to amend 1962 PA 60, entitled

"An act to provide for the day parole of prisoners in county jails

to permit them to be gainfully employed outside the jail or pursue

other activities; to provide for the granting of reductions in

terms of imprisonment and the regulation thereof; and to provide

for the disposition of earnings from such employment,"

by amending section 1 (MCL 801.251), as amended by 1987 PA 146, and

by adding section 1a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1. (1) Except as otherwise provided in subsection (2) and

subject to section 1a, a sentence or commitment of a person to a

county jail for any reason may grant to the person the privilege of

leaving the jail during necessary and reasonable hours for any of

the following purposes:

(a) Seeking employment.

(b) Working at his or her employment.

occupation, including housekeeping and caring for the needs of his

or her family.

(d) Attendance at an educational institution.

(e) Medical treatment, substance abuse treatment, mental

health counseling, or psychological counseling.

(2) A person may petition the court for ~~such~~ a privilege

described in subsection (1) at the time of sentence or commitment,

and in the discretion of the court may renew his or her petition.

The court may withdraw the privilege at any time by order entered

with or without notice.

(3) ~~(2)~~ A person shall not be granted the privileges described

in subsection (1), except for the privilege of leaving the jail

during necessary and reasonable hours for the purpose of medical

treatment, substance abuse treatment, mental health counseling, or

psychological counseling, if the person is housed in the jail while

serving all or any part of a sentence of imprisonment for any of

the following crimes:

(a) Section 145c, 520b, 520c, 520d, or 520g of the Michigan

penal code, ~~Act No. 328 of the Public Acts of 1931, being sections~~

~~750.145c, 750.520b, 750.520c, 750.520d, and 750.520g of the~~

~~Michigan Compiled Laws.~~1931 PA 328, MCL 750.145c, 750.520b,

750.520c, 750.520d, and 750.520g.

(b) Murder in connection with sexual misconduct.

or (b).

(4) ~~(3)~~ As used in this act, "jail" means a facility that is

operated by a county for the detention of persons charged with, or

convicted of, criminal offenses or ordinance violations, or persons

found guilty of civil or criminal contempt, for not more than 1

year.

Sec. 1a. (1) Before an individual convicted of a felony is

released from jail under section 1 to attend work or school, the

court, at the time of sentencing, shall order the department of

corrections to verify that the individual is currently employed or

currently enrolled in school, as applicable. However, the

requirement for verification of employment or school enrollment by

the department of corrections does not apply if the county sheriff

has provided or will provide that verification. If required, the

department of corrections shall provide the verification to the

court within 7 days after the order is issued. The court shall not

order an individual to be released to attend work or school unless

the county sheriff or the department has determined that the

individual is currently employed or currently enrolled in school,

as applicable. The order of release shall provide that release is

contingent at all times upon the approval of the county sheriff.

(2) As used in this section:

(a) "Felony" means that term as defined in section 1 of

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

761.1.

(b) "School" means any of the following:

(i) A school of secondary education.

(ii) A community college, college, or university.

(iii) A state-licensed technical or vocational school or