HB-4130, As Passed Senate, December 3, 2010
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.