HOUSE BILL No. 4144


     February 7, 2001, Introduced by Reps. Newell, Howell, Kooiman, Garcia, Shackleton, Bishop, DeRossett, Vander Veen and Voorhees and referred
to the Committee on Criminal Justice.


        A bill to amend 1953 PA 232, entitled

   "An act to revise, consolidate, and codify the laws relating to
   probationers and probation officers, to pardons, reprieves, com-
   mutations, and paroles, to the administration of correctional
   institutions, correctional farms, and probation recovery camps,
   to prisoner labor and correctional industries, and to the super-
   vision and inspection of local jails and houses of correction; to
   provide for the siting of correctional facilities; to create a
   state department of corrections, and to prescribe its powers and
   duties; to provide for the transfer to and vesting in said
   department of powers and duties vested by law in certain other
   state boards, commissions, and officers, and to abolish certain
   boards, commissions, and offices the powers and duties of which
   are transferred by this act; to allow for the operation of cer-
   tain facilities by private entities; to prescribe the powers and
   duties of certain other state departments and agencies; to pro-
   vide for the creation of a local lockup advisory board; to pre-
   scribe penalties for the violation of the provisions of this act;
   to make certain appropriations; to repeal certain parts of this
   act on specific dates; and to repeal all acts and parts of acts
   inconsistent with the provisions of this act,"

   by amending section 63a (MCL 791.263a), as amended by 1998 PA

   512.





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               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 63a.  (1) A person employed by the department of

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      corrections  in a correctional facility  who is injured as a

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      result of an assault by a prisoner housed in  the  A correctional

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      facility OR BY A PROBATIONER OR PAROLEE or IS injured during a

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      riot IN A CORRECTIONAL FACILITY shall receive his or her full

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      wages by the department of corrections until worker's compensa-

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      tion benefits begin and then shall receive in addition to

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      worker's compensation benefits a supplement from the department

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      which together with the worker's compensation benefits shall

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      equal but not exceed the weekly net wage of the employee at the

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      time of the injury.  This supplement shall only apply while the

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      person is on the department's payroll and is receiving worker's

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      compensation benefits AND SHALL ALSO APPLY TO AN EMPLOYEE OF THE

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      DEPARTMENT WHO, ON THE EFFECTIVE DATE OF THE 2001 AMENDATORY ACT

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      THAT AMENDED THIS SECTION, IS RECEIVING WORKER'S COMPENSATION DUE

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      TO AN INJURY COVERED BY THIS SECTION.  Fringe benefits normally

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      received by an employee shall be in effect during the time the

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      employee receives the supplement provided by this section from

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      the department.

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           (2) Subsection (1) also applies to a person who is employed

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      by the department of corrections who, while performing his or her

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      duties in a youth correctional facility, is injured as a result

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      of an assault by a prisoner housed in the youth correctional

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      facility OR BY A PROBATIONER OR PAROLEE or is injured during a

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      riot in the youth correctional facility.  However, subsection (1)

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      does not apply to any person employed by, or retained under



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      contract by, a private vendor that operates a youth correctional

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      facility.

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           (3) For purposes of this section:

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           (a) "Correctional facility" means a facility that houses

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      prisoners committed to the jurisdiction of the department,

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      including a community corrections center.

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           (b) "Youth correctional facility" means a facility autho-

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      rized under section 20g.








































   00431'01          Final page.                            DRM