HOUSE BILL No. 4656 April 24, 2001, Introduced by Rep. DeWeese 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 34a (MCL 791.234a), as amended by 1998 PA 315. 03019'01 DRM 2 THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 34a. (1) A prisoner sentenced to an indeterminate term 2 of imprisonment under the jurisdiction of the department, regard- 3 less of when he or she was sentenced, shall be considered by the 4 department for placement in a special alternative incarceration 5 unit established under section 3 of the special alternative 6 incarceration act, 1988 PA 287, MCL 798.13, if the prisoner meets 7 the eligibility requirements ofsubsections (2) and (3)8 SUBSECTION (2). For a prisoner committed to the jurisdiction of 9 the department on or after March 19, 1992, the department shall 10 determine before the prisoner leaves the reception center whether 11 the prisoner is eligible for placement in a special alternative 12 incarceration unit, although actual placement may take place at a 13 later date. A determination of eligibility does not guarantee 14 placement in a unit. 15 (2) To be eligible for placement in a special alternative 16 incarceration unit, the prisoner shall meet all of the following 17 requirements: 18(a) The prisoner's minimum sentence does not exceed either19of the following limits, as applicable:20 (A)(i) 24 months or lessIF THE PRISONER IS SERVING A 21 SENTENCE for a violation of section110110A of the Michigan 22 penal code, 1931 PA 328,MCL 750.110, if the violation involved23any occupied dwelling houseMCL 750.110A, THE PRISONER'S MINIMUM 24 SENTENCE IS 24 MONTHS OR LESS. 25(ii) 36 months or less for any other crime.03019'01 3 1 (B) IF THE PRISONER IS SERVING A SENTENCE FOR ANY CRIME 2 OTHER THAN THE CRIME SPECIFIED IN SUBDIVISION (A), THE DATE OF 3 PLACEMENT IN A SPECIAL ALTERNATIVE INCARCERATION UNIT OCCURS NOT 4 MORE THAN 36 MONTHS BEFORE THE EARLIEST DATE ON WHICH THE PRIS- 5 ONER OTHERWISE WOULD BE ELIGIBLE FOR PAROLE. 6 (C)(b)The prisoner has never previously been placed in a 7 special alternative incarceration unit as either a prisoner or a 8 probationer, unless he or she was removed from a special alterna- 9 tive incarceration unit for medical reasons as specified in 10 subsection(6)(5). 11 (D)(c)The prisoner is physically able to participate in 12 the program. 13 (E)(d)The prisoner does not appear to have any mental 14 disability that would prevent participation in the program. 15 (F)(e)The prisoner is serving his or her first prison 16 sentence. 17 (G)(f)At the time of sentencing, the judge did not pro- 18 hibit participation in the program in the judgment of sentence. 19 (H)(g)The prisoner is otherwise suitable for the pro- 20 gram, as determined by the department. 21 (I)(h)The prisoner is not serving a sentence for any of 22 the following crimes: 23 (i) A violation of section 11, 49, 80, 83, 89, 91, 157b, 24 158, 207, 260, 316, 317, 327, 328, 335a, 338, 338a, 338b, 349, 25 349a, 350, 422, 436, 511, 516, 517, 520b, 529, 529a, 531, or 544 26 of the Michigan penal code, 1931 PA 328, MCL 750.11, 750.49, 27 750.80, 750.83, 750.89, 750.91, 750.157b, 750.158, 750.207, 03019'01 4 1 750.260, 750.316, 750.317, 750.327, 750.328, 750.335a, 750.338, 2 750.338a, 750.338b, 750.349, 750.349a, 750.350, 750.422, 750.436, 3 750.511, 750.516, 750.517, 750.520b, 750.529, 750.529a, 750.531, 4 and 750.544. 5 (ii) A violation of section 145c, 520c, 520d, or 520g of the 6 Michigan penal code, 1931 PA 328, MCL 750.145c, 750.520c, 7 750.520d, and 750.520g. 8 (iii) A violation of section 72, 73, or 75 of the Michigan 9 penal code, 1931 PA 328, MCL 750.72, 750.73, and 750.75. 10 (iv) A violation of section 86, 112, 136b, 193, 195, 213, 11 319, 321, 329, or 397 of the Michigan penal code, 1931 PA 328, 12 MCL 750.86, 750.112, 750.136b, 750.193, 750.195, 750.213, 13 750.319, 750.321, 750.329, and 750.397. 14 (v) A violation of section 2 of 1968 PA 302, MCL 752.542. 15 (vi) An attempt to commit a crime described in subparagraphs 16 (i) to (v). 17 (vii) A violation occurring on or after January 1, 1992, of 18 section 625(4) or (5) of the Michigan vehicle code, 1949 PA 300, 19 MCL 257.625. 20 (viii) A crime for which the prisoner was punished pursuant 21 to section 10, 11, or 12 of chapter IX of the code of criminal 22 procedure, 1927 PA 175, MCL 769.10, 769.11, and 769.12. THIS 23 SUBPARAGRAPH DOES NOT APPLY IF THE PRISONER HAS NEVER PREVIOUSLY 24 SERVED A TERM OF IMPRISONMENT IN A STATE CORRECTIONAL FACILITY 25 AND IF THE PRISONER'S PREVIOUS CONVICTION WAS NOT FOR A FELONY OR 26 FELONIES LISTED IN SUBPARAGRAPHS (i) TO (vii). 03019'01 5 1(3) A prisoner who is serving a sentence for a violation of2section 7401 or 7403 of the public health code, 1978 PA 368,3MCL 333.7401 and 333.7403, and who has previously been convicted4for a violation of section 7401 or 7403(2)(a), (b), or (e) of the5public health code, 1978 PA 368, MCL 333.7401 and 333.7403, is6not eligible for placement in a special alternative incarceration7unit until after he or she has served the equivalent of the man-8datory minimum sentence prescribed by statute for that9violation.10 (3)(4)If the sentencing judge prohibited a prisoner's 11 participation in the special alternative incarceration program in 12 the judgment of sentence, that prisoner shall not be placed in a 13 special alternative incarceration unit. If the sentencing judge 14 permitted the prisoner's participation in the special alternative 15 incarceration program in the judgment of sentence, that prisoner 16 may be placed in a special alternative incarceration unit if the 17 department determines that the prisoner also meets the require- 18 ments ofsubsections (2) and (3)SUBSECTION (2). If the sen- 19 tencing judge neither prohibited nor permitted a prisoner's par- 20 ticipation in the special alternative incarceration program in 21 the judgment of sentence, and the department determines that the 22 prisoner meets the eligibility requirements ofsubsections (2)23and (3)SUBSECTION (2), the department shall notify the judge or 24 the judge's successor, the prosecuting attorney for the county in 25 which the prisoner was sentenced, and any victim of the crime for 26 which the prisoner was committed if the victim has submitted to 27 the department a written request for any notification pursuant to 03019'01 6 1 section 19(1) of the crime victim's rights act, 1985 PA 87, 2 MCL 780.769, of the proposed placement of the prisoner in the 3 special alternative incarceration unit not later than 30 days 4 before placement is intended to occur. The department shall not 5 place the prisoner in a special alternative incarceration unit 6 unless the sentencing judge, or the judge's successor, notifies 7 the department, in writing, that he or she does not object to the 8 proposed placement. In making the decision on whether or not to 9 object, the judge, or judge's successor, shall review any impact 10 statement submitted pursuant to section 14 of the crime victim's 11 rights act, 1985 PA 87, MCL 780.764, by the victim or victims of 12 the crime of which the prisoner was convicted. 13 (4)(5)Notwithstanding subsection(4)(3), a prisoner 14 shall not be placed in a special alternative incarceration unit 15 unless the prisoner consents to that placement and agrees that 16 the department may suspend or restrict privileges generally 17 afforded other prisoners including, but not limited to, the areas 18 of visitation, property, mail, publications, commissary, library, 19 and telephone access. However, the departmentmaySHALL not 20 suspend or restrict the prisoner's access to the prisoner griev- 21 ance system. 22 (5)(6)A prisoner may be placed in a special alternative 23 incarceration program for a period of not less than 90 days or 24 more than 120 days. If, during that period, the prisoner misses 25 more than 5 days of program participation due to medical excuse 26 for illness or injury occurring after he or she was placed in the 27 program, the period of placement shall be increased by the number 03019'01 7 1 of days missed, beginning with the sixth day of medical excuse, 2 up to a maximum of 20 days. However, the total number of days a 3 prisoner may be placed in this program, including days missed due 4 to medical excuse, shall not exceed 120 days. A medical excuse 5 shall be verified by a physician's statement. A prisoner who is 6 medically unable to participate in the program for more than 25 7 days shall be returned to a state correctional facility but may 8 be reassigned to the program if the prisoner meets the eligibil- 9 ity requirements ofsubsections (2) and (3)SUBSECTION (2). 10 (6)(7)Upon certification of completion of the special 11 alternative incarceration program, the prisoner shall be placed 12 on parole. A prisoner paroled under this section shall have con- 13 ditions of parole as determined appropriate by the parole board 14 and shall be placed on parole for not less than 18 months, or the 15 balance of the prisoner's minimum sentence, whichever is greater, 16 with at least the first 120 days under intensive supervision. 17 (7)(8)The parole board may suspend or revoke parole for 18 any prisoner paroled under this section subject to sections 39a 19 and 40a. For a prisoner other than a prisoner subject to disci- 20 plinary time, if parole is revoked before the expiration of the 21 prisoner's minimum sentence, less disciplinary credits, the 22 parole board shall forfeit, pursuant to section 33(13) of 1893 23 PA 118, MCL 800.33, all disciplinary credits that were accumu- 24 lated during special alternative incarceration, and the prisoner 25 shall be considered for parole pursuant to section 35. 26 (8)(9)On March 19, 1993, and annually after that time, 27 the department shall report to the legislature the impact of the 03019'01 8 1 operation of this section, including a report concerning 2 recidivism. 03019'01 Final page. DRM