HB-4130, As Passed House, September 15, 2009

SUBSTITUTE FOR

HOUSE BILL NO. 4130

     A bill to amend 1953 PA 232, entitled

"Corrections code of 1953,"

(MCL 791.201 to 791.285) by adding section 34b.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 34b. (1) Notwithstanding sections 33 and 34, and subject

to subsection (3), the parole board shall place a prisoner

described in subsection (2) on parole and release that prisoner to

the custody and control of the United States immigration and

customs enforcement for the sole purpose of deportation.

     (2) Only prisoners who meet all of the following conditions

are eligible for parole under this section:

     (a) A final order of deportation has been issued against the

prisoner by the United States immigration and naturalization

service.

     (b) The prisoner has served at least 1/2 of the minimum

sentence imposed by the court.

     (c) The prisoner is not serving a sentence for any of the

following crimes:

     (i) A violation of section 316 or 317 of the Michigan penal

code, 1931 PA 328, MCL 750.316 and 750.317 (first or second degree

homicide).

     (ii) A violation of section 520b, 520c, or 520d of the Michigan

penal code, 1931 PA 328, MCL 750.520b, 750.520c, and 750.520d

(criminal sexual conduct).

     (d) The prisoner was not sentenced pursuant to section 10, 11,

or 12 of chapter IX of the code of criminal procedure, 1927 PA 175,

MCL 769.10, 769.11, and 769.12.

     (3) The parole board shall not place a prisoner on parole

under this section unless it has received from the United States

immigration and naturalization service assurance as to both of the

following:

     (a) That an order of deportation will be executed or that

proceedings will promptly be commenced for the purpose of

deportation upon release of the prisoner from the custody of the

department.

     (b) That the prisoner, if placed on parole under this section,

will not be released from the custody of the United States

immigration and naturalization service for any reason other than

deportation, unless the United States immigration and

naturalization service provides to the board a reasonable

opportunity to arrange for execution of the department's warrant

for the return of the prisoner to the custody of the department as

provided in subsection (4).

     (4) A prisoner placed on parole under this section shall be

delivered to the custody of the United States immigration and

naturalization service along with a warrant issued by the deputy

director of the bureau of field services for the prisoner's return

to the custody of the department, to be executed if the prisoner is

released from the custody of the United States immigration and

naturalization service for any reason other than deportation. If

the prisoner is not deported, the parole board shall do all of the

following:

     (a) Execute the warrant.

     (b) Return the prisoner to the custody of the department.

     (c) Revoke the prisoner's parole.

     (5) The term of a parole granted under this section shall be

equal to the remaining balance of the prisoner's maximum sentence.

As a condition of parole granted under this section, the paroled

prisoner shall not return illegally to the United States. If a

prisoner who is placed on parole under this section returns

illegally to the United States at any time before the expiration of

the term of his or her parole, the deputy director of the bureau of

field services, upon notification from any federal or state law

enforcement agency that the prisoner is in custody, shall issue a

warrant for the return of the prisoner, and the prisoner's parole

shall be revoked. A prisoner who is returned under this subsection

is not eligible for parole or any other release from confinement

during the remainder of his or her maximum sentence.