April 25, 2006, Introduced by Reps. Ball, Acciavatti, Schuitmaker, Pastor, Pavlov, Gosselin, Robertson, Taub, Moore, Caul, David Law, Casperson and Farhat and referred to the Committee on Judiciary.
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 2003 PA 75 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A parole order may be amended or rescinded at the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, or is subject to
revocation
as provided in section 40a. If
a paroled prisoner who
is
required to register pursuant to the sex offenders registration
act,
1994 PA 295, MCL 28.721 to 28.732, 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parole shall be rescinded.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A parole shall not be rescinded unless an interview is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. An amendment to a parole order shall be
in writing and is not effective until notice of the amendment is
given to the parolee.
(3) (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.
(4) (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.
(5) (6)
The parole order shall contain a condition requiring
the parolee to pay a parole supervision fee as prescribed in
section 36a.
(6) (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.
(7) (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.
(8) (9)
If the parolee is required to be registered under
the
sex offenders registration act, 1994 PA 295, MCL 28.721 to
28.732
28.736, the parole order shall contain a condition
requiring the parolee to comply with that act.
(9) (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.
(10) (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.
(11) (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 U.S.C. USC
1915 and any unpaid order of costs assessed
against the prisoner.
(12) (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.
(13) (14)
If a parolee is required to register pursuant to
the
sex offenders registration act, 1994 PA 295, MCL 28.721 to
28.732
28.736, the parole officer shall register the parolee as
provided in that act.
(14) (15)
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.
(15) (16)
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) A 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 has been granted beyond the 10-day time limit, by the
parole board.
(6) 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 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.