Senate Introduced Bill 826























SENATE BILL NO. 826


  December 2, 1997, Introduced by Senator VAN REGENMORTER 
       and referred to the Committee on Judiciary.
     


        A bill to amend 1893 PA 118, entitled

   "An act to revise and consolidate the laws relative to state
   prisons, to state houses of correction, and branches of state
   prisons and reformatories, and the government and discipline
   thereof and to repeal all acts inconsistent therewith,"

   by amending section 34 (MCL 800.34), as amended by 1996 PA 83;

   and to repeal acts and parts of acts.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 34.  (1) A prisoner subject to disciplinary time shall

 2    receive disciplinary time for each major misconduct for which he

 3    or she is found guilty as prescribed by rule pursuant to

 4    section 35.

 5         (2) Accumulated disciplinary time shall be added to a

 6    prisoner's minimum sentence in order to determine his or her

 7    parole eligibility date.  A prisoner's minimum sentence, plus

 8    disciplinary time, shall not exceed his or her maximum sentence.



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 1         (3) A prisoner who has been sentenced concurrently for

 2    separate convictions shall have his or her disciplinary time com-

 3    puted and accumulated on each sentence individually.  If a pris-

 4    oner is serving consecutive sentences for separate convictions,

 5    his or her disciplinary time shall be computed and accumulated on

 6    each sentence individually.

 7         (4) A prisoner subject to disciplinary time may have any or

 8    all of his or her accumulated disciplinary time reduced by the

 9    department if he or she has demonstrated exemplary good conduct

10    during the term of imprisonment.  Disciplinary time deducted pur-

11    suant to this section may be restored if the prisoner is found

12    guilty of a major misconduct.

13         (5) As used in this act, "prisoner subject to disciplinary

14    time" means a prisoner sentenced  on or after the effective
             date

15     of the amendatory act that added this section 
                       UNDER THE SENTENC-

16    ING GUIDELINES SET FORTH IN CHAPTER IXA OF THE CODE OF CRIMINAL

17    PROCEDURE, 1927 PA 175, MCL 769A.1 TO 769A.69, to an indetermi-

18    nate term of imprisonment for any of the following:

19         (a) A violation of section 625(4) or (5) of the Michigan

20    vehicle code,  Act No. 300 of the Public Acts of 1949, being

21     section 257.625 of the Michigan Compiled Laws  1949
                       PA 300,

22    MCL 257.625.

23         (b) A violation of section  171(4) or (5) 
             80176(4) OR (5)

24    of the  marine safety act, Act No. 303 of the Public Acts of

25     1967, being section 281.1171 of the Michigan Compiled Laws
                       

26    NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT, 1994 PA 451,

27    MCL 324.80176.



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 1         (c) A violation of section 72, 73, 80, 82, 83, 84, 86, 87,

 2    88, 89, 90, 110a(2), 112, 136b(2), 145c, 204, 204a, 205, 205a,

 3    206, 207, 208, 210, 211, 211a, 213, 316, 317, 319, 321, 322, 327,

 4    328, 329, 349, 349a, 350, 357, 397, 411i, 479b, 520b, 520c, 520d,

 5    520e, 520g, 529, 529a, 530, or 531 of the Michigan penal code,

 6     Act No. 328 of the Public Acts of 1931, being sections
              1931 PA

 7    328, MCL 750.72, 750.73, 750.80, 750.82, 750.83, 750.84, 750.86,

 8    750.87, 750.88, 750.89, 750.90, 750.110a, 750.112, 750.136b,

 9    750.145c, 750.204, 750.204a, 750.205, 750.205a, 750.206, 750.207,

10    750.208, 750.210, 750.211, 750.211a, 750.213, 750.316, 750.317,

11    750.319, 750.321, 750.322, 750.327, 750.328, 750.329, 750.349,

12    750.349a, 750.350, 750.357, 750.397, 750.411i, 750.479b,

13    750.520b, 750.520c, 750.520d, 750.520e, 750.520g, 750.529,

14    750.529a, 750.530, and 750.531.  of the Michigan Compiled
             Laws. 

15         (d) A violation of section 1 of  Act No. 214 of the
             Public

16     Acts of 1931, being section 752.191 of the Michigan Compiled

17     Laws  1931 PA 214, MCL 752.191.

18         (e) A violation of section 1, 2, or 2a of  Act No. 302
             of

19     the Public Acts of 1968, being sections 752.541, 752.542,
                       and

20     752.542a of the Michigan Compiled Laws  1968 PA
                       302, MCL 752.541,

21    752.542, AND 752.542A.

22         (f) Any offense not listed in subdivisions (a) to (e) that

23    is punishable by life imprisonment.

24         (g) An attempt, conspiracy, or solicitation to commit an

25    offense described in subdivisions (a) to (f).

26         Enacting section 1.  The following acts and parts of acts

27    are repealed:



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 1         (a) Enacting section 2 of 1994 PA 217.

 2         (b) Enacting section 2 of 1994 PA 218.

 3         Enacting section 2.  This amendatory act does not take

 4    effect unless all of the following bills of the 89th Legislature

 5    are enacted into law:

 6         (a) Senate Bill No. 825.                                  

 7                  

 8         (b) Senate Bill No. 827.                                  

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