July 21, 2010, Introduced by Reps. Smith, Durhal and Meadows and referred to the Committee on Judiciary.
A bill to amend 1893 PA 118, entitled
"An act to revise and consolidate the laws relative to state
prisons, to state houses of correction, and branches of state
prisons and reformatories, and the government and discipline
thereof and to repeal all acts inconsistent therewith,"
(MCL 800.33 to 800.61) by adding section 37.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 37. (1) A record of all major misconduct charges for
which a prisoner serving a determinate sentence has been found
guilty shall be maintained by the department.
(2) Except as otherwise provided in this section, a prisoner
who is serving a determinate sentence and who has not been found
guilty of a major misconduct or had a violation of the laws of this
state recorded against him or her shall receive a reduction from
his or her sentence of 5 days of good behavior credits for each
month served.
(3) A prisoner shall not earn good behavior credits under this
section during any month in which the prisoner is found guilty of
having committed a major misconduct. The amount of good behavior
credits not earned as a result of being found guilty of a major
misconduct shall be limited to the good behavior credits that would
have been earned for the month in which the major misconduct
occurred. Any good behavior credits not earned as a result of the
prisoner being found guilty of a major misconduct shall never be
earned or restored. The warden may order that a prisoner found
guilty of a major misconduct, including but not limited to charges
of rioting, inciting to riot, escape, homicide, or assault and
battery, forfeit all or a portion of the good behavior credits
accumulated before the month in which the misconduct occurred. An
order forfeiting accumulated good behavior credits shall be based
upon a review of the prisoner's institutional record.
(4) A good behavior credit committee composed of the
prisoner's resident unit manager, custody officers in the resident
unit with direct supervisory responsibilities over the prisoner,
and the appropriate work or school assignment supervisor, shall be
a part of the reclassification process and shall review, at least
annually, the status of each prisoner in the housing unit who has
forfeited good behavior credits. The committee may recommend to the
warden whether any forfeited good behavior credits should be
restored to the prisoner.
(5) The warden, as a reward for good conduct, may restore to a
prisoner the whole or any portion of the good behavior credits
forfeited because of a finding of guilty for a major misconduct.
However, forfeited good behavior credits shall not be restored
without the recommendation of the good behavior credit committee
and the prior written approval of the deputy director in charge of
correctional facilities administration or the deputy director in
charge of the field operations administration. Good behavior
credits that have not been earned because of institutional
misconduct shall not be restored.
(6) A prisoner who has been sentenced concurrently for
separate convictions shall have his or her good behavior credits
computed on the basis of the longest of the concurrent sentences.
If a prisoner is serving consecutive sentences for separate
convictions, his or her good behavior credits shall be computed and
accumulated on each sentence individually and all good behavior
credits that have been earned on any of the sentences shall be
subject to forfeiture pursuant to subsection (3).
(7) As used in this section, "determinate sentence" means a
sentence that provides for a single, fixed term of imprisonment.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 6329(request no.
01035'09*) of the 95th Legislature is enacted into law.