HB-5967, As Passed Senate, June 29, 2006

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 5967

     A bill to amend 1953 PA 232, entitled

"Corrections code of 1953,"

by amending sections 36 and 40a (MCL 791.236 and 791.240a), section

36 as amended by 2006 PA 168 and section 40a as amended by 1993 PA

346.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 36. (1) All paroles shall be ordered by the parole board

and shall be signed by the chairperson. Written notice of the order

shall be given to the sheriff or other police officer of the

municipality or county in which the prisoner was convicted, and to

the sheriff or other local police officer of the municipality or

county to which the paroled prisoner is sent.

     (2) A parole order may be  amended or rescinded at the

discretion of the parole board for cause before the prisoner is

released on parole.  If a paroled prisoner who is required to

register pursuant to the sex offenders registration act, 1994 PA

295, MCL 28.721 to 28.736, willfully violates that act, the parole

board shall rescind the parole. If a prisoner convicted of

violating or conspiring to violate section 7401(2)(a)(i) or (ii) or

7403(2)(a)(i) or (ii) of the public health code, 1978 PA 368, MCL

333.7401 and 333.7403, is released on parole and violates or

conspires to violate article 7 of the public health code, 1978 PA

368, MCL 333.7401 to 333.7545, and that violation or conspiracy to

violate is punishable by imprisonment for 4 or more years, or

commits a violent felony during his or her release on parole,

parole shall be rescinded.

     (3) A parole shall not be rescinded unless an interview with

the prisoner is conducted by 1 member of the parole board. The

purpose of the interview is to consider and act upon information

received by the board after the original parole release decision. A

rescission interview shall be conducted within 45 days after

receiving the new information. At least 10 days before the

interview, the parolee shall receive a copy or summary of the new

evidence that is the basis for the interview.

     (3) A parole order may be amended at the discretion of the

parole board for cause. An amendment to a parole order shall be in

writing and is not effective until notice of the amendment is given

to the parolee.

     (4) When a parole order is issued, the order shall contain the

conditions of the parole and shall specifically provide proper

means of supervision of the paroled prisoner in accordance with the

rules of the bureau of field services.

     (5) The parole order shall contain a condition to pay

restitution to the victim of the prisoner's crime or the victim's

estate if the prisoner was ordered to make restitution pursuant to

the William Van Regenmorter crime victim's rights act, 1985 PA 87,

MCL 780.751 to 780.834, or the code of criminal procedure, 1927 PA

175, MCL 760.1 to 777.69.

     (6) The parole order shall contain a condition requiring the

parolee to pay a parole supervision fee as prescribed in section

36a.

     (7) The parole order shall contain a condition requiring the

parolee to pay any assessment the prisoner was ordered to pay

pursuant to section 5 of 1989 PA 196, MCL 780.905.

     (8) The parole order shall contain a condition requiring the

parolee to pay the minimum state cost prescribed by section 1j of

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

769.1j, if the minimum state cost has not been paid.

     (9) If the parolee is required to be registered under the sex

offenders registration act, 1994 PA 295, MCL 28.721 to 28.736, the

parole order shall contain a condition requiring the parolee to

comply with that act.

     (10) If a prisoner convicted of violating or conspiring to

violate section 7401(2)(a)(i) or (ii) or 7403(2)(a)(i) or (ii) of the

public health code, 1978 PA 368, MCL 333.7401 and 333.7403, is

released on parole, the parole order shall contain a notice that if

the parolee violates or conspires to violate article 7 of the

public health code, 1978 PA 368, MCL  333.7401  333.7101 to

333.7545, and that violation or conspiracy to violate is punishable

by imprisonment for 4 or more years, or commits a violent felony

during his or her release on parole, parole shall be rescinded.

     (11) A parole order issued for a prisoner subject to

disciplinary time may contain a condition requiring the parolee to

be housed in a community corrections center or a community

residential home for not less than the first 30 days but not more

than the first 180 days of his or her term of parole. As used in

this subsection, "community corrections center" and "community

residential home" mean those terms as defined in section 65a.

     (12) The parole order shall contain a condition requiring the

parolee to pay the following amounts owed by the prisoner, if

applicable:

     (a) The balance of filing fees and costs ordered to be paid

under section 2963 of the revised judicature act of 1961, 1961 PA

236, MCL 600.2963.

     (b) The balance of any filing fee ordered to be paid by a

federal court under section 1915 of title 28 of the United States

Code, 28 USC 1915 and any unpaid order of costs assessed against

the prisoner.

     (13) In each case in which payment of restitution is ordered

as a condition of parole, a parole officer assigned to a case shall

review the case not less than twice yearly to ensure that

restitution is being paid as ordered. The final review shall be

conducted not less than 60 days before the expiration of the parole

period. If the parole officer determines that restitution is not

being paid as ordered, the parole officer shall file a written

report of the violation with the parole board on a form prescribed

by the parole board. The report shall include a statement of the

amount of arrearage and any reasons for the arrearage known by the

parole officer. The parole board shall immediately provide a copy

of the report to the court, the prosecuting attorney, and the

victim.

     (14) If a parolee is required to register pursuant to the sex

offenders registration act, 1994 PA 295, MCL 28.721 to 28.736, the

parole officer shall register the parolee as provided in that act.

     (15)  If  Beginning August 28, 2006, if a parolee convicted of

violating or conspiring to violate section 520b or 520c of the

Michigan penal code, 1931 PA 328, MCL 750.520b and 750.520c, other

than a parolee who is subject to lifetime electronic monitoring

under section 85, is placed on parole, the parole board may require

that the parolee be subject to electronic monitoring. The

electronic monitoring required under this subsection shall be

conducted in the same manner, and shall be subject to the same

requirements, as is described in section 85 of this act and section

520n(2) of the Michigan penal code, 1931 PA 328, MCL 750.520n,

except as follows:

     (a) The electronic monitoring shall continue only for the

duration of the term of parole.

     (b) A violation by the parolee of any requirement prescribed

in section 520n(2)(a) to (c) is a violation of a condition of

parole, not a felony violation.

     (16) If the parole order contains a condition intended to

protect 1 or more named persons, the department shall enter those

provisions of the parole order into the corrections management

information system, accessible by the law enforcement information

network. If the parole board rescinds a parole order described in

this subsection, the department within 3 business days shall remove

from the corrections management information system the provisions

of that parole order.

     (17) As used in this section, "violent felony" means an

offense against a person in violation of section 82, 83, 84, 86,

87, 88, 89, 316, 317, 321, 349, 349a, 350, 397, 520b, 520c, 520d,

520e, 520g, 529, 529a, or 530 of the Michigan penal code, 1931 PA

328, MCL 750.82, 750.83, 750.84, 750.86, 750.87, 750.88, 750.89,

750.316, 750.317, 750.321, 750.349, 750.349a, 750.350, 750.397,

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

750.529a, and 750.530.

     Sec. 40a. (1) After a prisoner is released on parole, the

prisoner's parole order is subject to revocation at the discretion

of the parole board for cause as provided in this section.

     (2) If a paroled prisoner who is required to register pursuant

to the sex offenders registration act, 1994 PA 295, MCL 28.721 to

28.736, willfully violates that act, the parole board shall revoke

the parole. If a prisoner convicted of violating or conspiring to

violate section 7401(2)(a)(i) or (ii) or 7403(2)(a)(i) or (ii) of the

public health code, 1978 PA 368, MCL 333.7401 and 333.7403, is

released on parole and violates or conspires to violate article 7

of the public health code, 1978 PA 368, MCL 333.7101 to 333.7545,

and that violation or conspiracy to violate is punishable by

imprisonment for 4 or more years, or commits a violent felony

during his or her release on parole, parole shall be revoked.

     (3)  (1) Within 45 days after a paroled prisoner has been

returned or is available for return to a state correctional

facility under accusation of a parole violation other than

conviction for a felony or misdemeanor punishable by imprisonment

under the laws of this state, the United States, or any other state

or territory of the United States, the prisoner is entitled to a

fact-finding hearing on the charges before 1 member of the parole

board or an attorney hearings officer designated by the chairperson

of the parole board. The fact-finding hearing shall be conducted

only after the accused parolee has had a reasonable amount of time

to prepare a defense. The fact-finding hearing may be held at a

state correctional facility or at or near the location of the

alleged violation.

(4)  (2) An accused parolee shall be given written notice of

the charges against him or her and the time, place, and purpose of

the fact-finding hearing. At the fact-finding hearing, the accused

parolee may be represented by an appointed or retained attorney and

is entitled to the following rights:

     (a) Full disclosure of the evidence against him or her.

     (b) To testify and present relevant witnesses and documentary

evidence.

     (c) To confront and cross-examine adverse witnesses unless the

person conducting the fact-finding hearing finds on the record that

a witness is subject to risk of harm if his or her identity is

revealed.

     (d) To present other relevant evidence in mitigation of the

charges.

(5)  (3) A fact-finding hearing may be postponed for cause

beyond the 45-day time limit on the written request of the parolee,

the parolee's attorney, or, if a postponement of the preliminary

hearing  parole violation hearing required under section 39a has

been granted beyond the 10-day time limit, by the parole board.

     (6) The director or a deputy director designated by the

director shall be notified in writing if the preliminary parole

violation hearing is not conducted within the 10-day time limit,

and the hearing shall be conducted as soon as possible. The

director or a deputy director designated by the director shall be

notified in writing if the fact-finding hearing is not conducted

within the 45-day time limit, and the hearing shall be conducted as

soon as possible. A parolee held in custody shall not be released

pending disposition of either hearing.

(7)  (4) If the evidence presented is insufficient to support

the allegation that a parole violation occurred, the parolee shall

be reinstated to parole status.

(8)  (5) If the parole board member or hearings officer

conducting the fact-finding hearing determines from a preponderance

of the evidence that a parole violation has occurred, the member or

hearings officer shall present the relevant facts to the parole

board and make a recommendation as to the disposition of the

charges.

(9)  (6) If a preponderance of the evidence supports the

allegation that a parole violation occurred, the parole board may

revoke parole, and the parolee shall be provided with a written

statement of the findings of fact and the reasons for the

determination within 60 days after the paroled prisoner has been

returned or is available for return to a state correctional

facility.

(10)  (7) A parolee who is ordered to make restitution under

the William Van Regenmorter crime victim's rights act,  Act No. 87

of the Public Acts of 1985, being sections 780.751 to 780.834 of

the Michigan Compiled Laws  1985 PA 87, MCL 780.751 to 780.834, or

the code of criminal procedure,  Act No. 175 of the Public Acts of

1927, being sections 760.1 to 776.21 of the Michigan Compiled Laws

1927 PA 175, MCL 760.1 to 777.69, or to pay an assessment ordered

under section 5 of  Act No. 196 of the Public Acts of 1989, being

section 780.905 of the Michigan Compiled Laws  1989 PA 196, MCL

780.905, as a condition of parole may have his or her parole

revoked by the parole board if the parolee fails to comply with the

order and if the parolee has not made a good faith effort to comply

with the order. In determining whether to revoke parole, the parole

board shall consider the parolee's employment status, earning

ability, and financial resources, the willfulness of the parolee's

failure to comply with the order, and any other special

circumstances that may have a bearing on the parolee's ability to

comply with the order.

     (11) As used in this section, "violent felony" means that term

as defined in section 36.

     Enacting section 1. This amendatory act does not take effect

unless Senate Bill No. 1196 of the 93rd Legislature is enacted into

law.