HOUSE BILL No. 4700

 

May 7, 2013, Introduced by Reps. Cavanagh, Tlaib and Kowall and referred to the Committee on Regulatory Reform.

 

     A bill to amend 1953 PA 232, entitled

 

"Corrections code of 1953,"

 

by amending section 40a (MCL 791.240a), as amended by 2006 PA 532.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     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 under 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. If a paroled prisoner who is required to register under

 

the ferrous metal and nonferrous metal regulation and scrap metal

 

offenders registration act, 2008 PA 429, MCL 445.421 to 445.443,

 

willfully violates section 11 of the ferrous metal and nonferrous

 

metal regulation and scrap metal offenders registration act, 2008

 

PA 429, MCL 445.431, parole shall be revoked.

 

     (3) 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) If, before a fact-finding hearing begins, the accused

 

parolee alleges that he or she is indigent and requests that an

 

attorney be appointed to represent him or her, the parole board

 

member or attorney hearings officer who will conduct the hearing

 

shall determine whether the accused parolee is indigent. If the

 


accused parolee is determined to be indigent, the parole board

 

member or hearings officer shall cause the appointment of an

 

attorney to represent the accused parolee at the fact-finding

 

hearing. The cost of the appointed attorney shall be paid from the

 

department's general operating budget.

 

     (5) 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 a retained attorney or an attorney

 

appointed under subsection (4) 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.

 

     (6) 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 parole

 

violation hearing required under section 39a has been granted

 

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

 

     (7) 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.

 

     (8) If the evidence presented is insufficient to support the

 

allegation that a parole violation occurred, the parolee shall be

 

reinstated to parole status.

 

     (9) 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 parole board

 

member or hearings officer shall present the relevant facts to the

 

parole board and make a recommendation as to the disposition of the

 

charges.

 

     (10) 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.

 

     (11) A parolee who is ordered to make restitution under 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, or to pay an assessment ordered under section

 


5 of 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.

 

     (12) 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.____ or House Bill No. 4699(request no.

 

00092'13) of the 97th Legislature is enacted into law.