June 6, 2013, Introduced by Reps. Haveman, MacMaster, Walsh, Heise, Schmidt, Shirkey, Pscholka, Pettalia, Howrylak, Potvin, Robinson, Kesto, O'Brien, Cavanagh, Tlaib, Irwin, Lipton, Lori, Price, Haines, Victory, Kandrevas, Foster, Lyons and Jacobsen and referred to the Committee on Criminal Justice.
A bill to amend 1953 PA 232, entitled
"Corrections code of 1953,"
by amending sections 34, 34c, 35, and 44 (MCL 791.234, 791.234c,
791.235, and 791.244), section 34 as amended by 2010 PA 353,
section 34c as added and section 35 as amended by 2012 PA 24, and
section 44 as amended by 1999 PA 191.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 34. (1) Except as provided in section 34a, a prisoner
sentenced to an indeterminate sentence and confined in a state
correctional facility with a minimum in terms of years other than a
prisoner subject to disciplinary time is subject to the
jurisdiction of the parole board when the prisoner has served a
period of time equal to the minimum sentence imposed by the court
for the crime of which he or she was convicted, less good time and
disciplinary credits, if applicable.
(2) Except as provided in section 34a and subject to
subsection (7), a prisoner subject to disciplinary time sentenced
to an indeterminate sentence and confined in a state correctional
facility with a minimum in terms of years is subject to the
jurisdiction of the parole board when the prisoner has served a
period of time equal to the minimum sentence imposed by the court
for the crime of which he or she was convicted.
(3)
If Subject to subsection
(7), if a prisoner other than a
prisoner subject to disciplinary time is sentenced for consecutive
terms, whether received at the same time or at any time during the
life of the original sentence, the parole board has jurisdiction
over the prisoner for purposes of parole when the prisoner has
served the total time of the added minimum terms, less the good
time and disciplinary credits allowed by statute. The maximum terms
of the sentences shall be added to compute the new maximum term
under this subsection, and discharge shall be issued only after the
total of the maximum sentences has been served less good time and
disciplinary credits, unless the prisoner is paroled and discharged
upon satisfactory completion of the parole.
(4)
If Subject to subsection
(7), if a prisoner subject to
disciplinary time is sentenced for consecutive terms, whether
received at the same time or at any time during the life of the
original sentence, the parole board has jurisdiction over the
prisoner for purposes of parole when the prisoner has served the
total time of the added minimum terms. The maximum terms of the
sentences shall be added to compute the new maximum term under this
subsection, and discharge shall be issued only after the total of
the maximum sentences has been served, unless the prisoner is
paroled and discharged upon satisfactory completion of the parole.
(5)
If Subject to subsection
(7), if a prisoner other than a
prisoner subject to disciplinary time has 1 or more consecutive
terms remaining to serve in addition to the term he or she is
serving, the parole board may terminate the sentence the prisoner
is presently serving at any time after the minimum term of the
sentence has been served.
(6)
A Subject to subsection
(7)(d), a prisoner sentenced to
imprisonment for life for any of the following is not eligible for
parole and is instead subject to the provisions of section 44:
(a) First degree murder in violation of section 316 of the
Michigan penal code, 1931 PA 328, MCL 750.316.
(b) A violation of section 16(5) or 18(7) of the Michigan
penal code, 1931 PA 328, MCL 750.16 and 750.18.
(c) A violation of chapter XXXIII of the Michigan penal code,
1931 PA 328, MCL 750.200 to 750.212a.
(d) A violation of section 17764(7) of the public health code,
1978 PA 368, MCL 333.17764.
(e) First degree criminal sexual conduct in violation of
section 520b(2)(c) of the Michigan penal code, 1931 PA 328, MCL
750.520b.
(f) Any other violation for which parole eligibility is
expressly denied under state law.
(7) A prisoner sentenced to imprisonment for life, other than
a prisoner described in subsection (6), is subject to the
jurisdiction
of the parole board may be placed on parole according
to
the conditions prescribed in subsection (8) shall be considered
for parole according to the same criteria and utilizing the same
assessment tools that are applied to all prisoners being considered
for parole. A prisoner sentenced to imprisonment for life may be
placed on parole if he or she meets any of the following criteria:
(a) Except as provided in subdivision (b) or (c), the prisoner
has served 10 calendar years of the sentence for a crime committed
before October 1, 1992 or 15 calendar years of the sentence for a
crime committed on or after October 1, 1992.
(b) Except as provided in subsection (12), the prisoner has
served 20 calendar years of a sentence for violating, or attempting
or conspiring to violate, section 7401(2)(a)(i) of the public health
code, 1978 PA 368, MCL 333.7401, and has another conviction for a
serious crime.
(c) Except as provided in subsection (12), the prisoner has
served 17-1/2 calendar years of the sentence for violating, or
attempting or conspiring to violate, section 7401(2)(a)(i) of the
public health code, 1978 PA 368, MCL 333.7401, and does not have
another conviction for a serious crime.
(d) If the prisoner was sentenced to imprisonment for life
with the possibility of parole under section 33 of chapter IX of
the code of criminal procedure, 1927 PA 175, MCL 769.33, the parole
board has jurisdiction over the prisoner after he or she has served
15 years of his or her term of imprisonment, including any time
served as part of his or her original sentence.
(8) A parole granted to a prisoner under subsection (7) is
subject to the following conditions:
(a)
At the conclusion of 10 calendar years of the prisoner's
sentence
and thereafter as determined by the parole board until the
prisoner
is paroled, discharged, or deceased, and in accordance
with
the procedures described in subsection (9), 1 member of the
parole
board shall interview the prisoner. One member of the parole
board shall interview the prisoner when he or she initially becomes
eligible for parole and every 2 years thereafter until the prisoner
is paroled, discharged, or deceased. The member of the parole board
may conduct the interview using a 2-way interactive video
technology system if that system allows the member of the parole
board and the prisoner to see, hear, and communicate with each
other simultaneously. The interview schedule prescribed in this
subdivision applies to all prisoners to whom subsection (7)
applies, regardless of the date on which they were sentenced.
(b)
In addition to the interview schedule prescribed in
subdivision
(a), the parole board shall review the prisoner's file
at
the conclusion of 15 calendar years of the prisoner's sentence
and
every 5 years thereafter until the prisoner is paroled,
discharged,
or deceased. A prisoner whose file is to be reviewed
under
this subdivision shall be notified of the upcoming file
review
at least 30 days before the file review takes place and
shall
be allowed to submit written statements or documentary
evidence
for the parole board's consideration in conducting the
file
review.A decision not to proceed
to public hearing constitutes
a decision to deny parole.
(c) A decision to grant or deny parole to the prisoner shall
not be made until after a public hearing held in the manner
prescribed for pardons and commutations in sections 44 and 45.
Notice of the public hearing shall be given to the sentencing
judge,
or the judge's successor in office, and parole shall not be
granted if the sentencing judge, or the judge's successor in
office, files written objections to the granting of the parole
within
30 days of receipt of after
receiving the notice of hearing.
If a successor judge files written objections, those objections
shall be considered but do not prevent the granting of parole, and
the parole board shall retain jurisdiction regardless of those
written objections. The written objections shall be made part of
the prisoner's file.
(d) A parole granted under subsection (7) shall be for a
period of not less than 4 years and subject to the usual rules
pertaining to paroles granted by the parole board. A parole granted
under subsection (7) is not valid until the transcript of the
record is filed with the attorney general whose certification of
receipt of the transcript shall be returnable to the office of the
parole board within 5 days. Except for medical records protected
under section 2157 of the revised judicature act of 1961, 1961 PA
236, MCL 600.2157, the file of a prisoner granted a parole under
subsection (7) is a public record.
(9) An interview conducted under subsection (8)(a) is subject
to both of the following requirements:
(a) The prisoner shall be given written notice, not less than
30 days before the interview date, stating that the interview will
be conducted.
(b) The prisoner may be represented at the interview by an
individual of his or her choice. The representative shall not be
another prisoner. A prisoner is not entitled to appointed counsel
at public expense. The prisoner or representative may present
relevant evidence in favor of holding a public hearing as allowed
in subsection (8)(b).
(10) In determining whether a prisoner convicted of violating,
or attempting or conspiring to violate, section 7401(2)(a)(i) of the
public health code, 1978 PA 368, MCL 333.7401, and sentenced to
imprisonment for life before October 1, 1998 is to be released on
parole, the parole board shall consider all of the following:
(a) Whether the violation was part of a continuing series of
violations of section 7401 or 7403 of the public health code, 1978
PA 368, MCL 333.7401 and 333.7403, by that individual.
(b) Whether the violation was committed by the individual in
concert with 5 or more other individuals.
(c) Any of the following:
(i) Whether the individual was a principal administrator,
organizer, or leader of an entity that the individual knew or had
reason to know was organized, in whole or in part, to commit
violations of section 7401 or 7403 of the public health code, 1978
PA 368, MCL 333.7401 and 333.7403, and whether the violation for
which the individual was convicted was committed to further the
interests of that entity.
(ii) Whether the individual was a principal administrator,
organizer, or leader of an entity that the individual knew or had
reason to know committed violations of section 7401 or 7403 of the
public health code, 1978 PA 368, MCL 333.7401 and 333.7403, and
whether the violation for which the individual was convicted was
committed to further the interests of that entity.
(iii) Whether the violation was committed in a drug-free school
zone.
(iv) Whether the violation involved the delivery of a
controlled substance to an individual less than 17 years of age or
possession with intent to deliver a controlled substance to an
individual less than 17 years of age.
(11) Except as provided in section 34a, a prisoner's release
on parole is discretionary with the parole board. The action of the
parole board in granting a parole is appealable by the prosecutor
of the county from which the prisoner was committed or the victim
of the crime for which the prisoner was convicted. The appeal shall
be to the circuit court in the county from which the prisoner was
committed, by leave of the court.
(12) If the sentencing judge, or his or her successor in
office, determines on the record that a prisoner described in
subsection (7)(b) or (c) sentenced to imprisonment for life for
violating, or attempting or conspiring to violate, section
7401(2)(a)(i) of the public health code, 1978 PA 368, MCL 333.7401,
has cooperated with law enforcement, the prisoner is subject to the
jurisdiction of the parole board and may be released on parole as
provided in subsection (7)(b) or (c) 2-1/2 years earlier than the
time otherwise indicated in subsection (7)(b) or (c). The prisoner
is considered to have cooperated with law enforcement if the court
determines on the record that the prisoner had no relevant or
useful information to provide. The court shall not make a
determination that the prisoner failed or refused to cooperate with
law enforcement on grounds that the defendant exercised his or her
constitutional right to trial by jury. If the court determines at
sentencing that the defendant cooperated with law enforcement, the
court shall include its determination in the judgment of sentence.
(13) Notwithstanding subsections (1) and (2), an individual
convicted of violating, or attempting or conspiring to violate,
section 7401(2)(a)(i) or 7403(2)(a)(i) of the public health code,
1978 PA 368, MCL 333.7401 and 333.7403, whose offense occurred
before March 1, 2003, and who was sentenced to a term of years, is
eligible for parole after serving 20 years of the sentence imposed
for the violation if the individual has another serious crime or
17-1/2 years of the sentence if the individual does not have
another conviction for a serious crime, or after serving the
minimum sentence imposed for that violation, whichever is less.
(14) Notwithstanding subsections (1) and (2), an individual
who was convicted of violating, or attempting or conspiring to
violate, section 7401(2)(a)(ii) or 7403(2)(a)(ii) of the public
health code, 1978 PA 368, MCL 333.7401 and 333.7403, whose offense
occurred before March 1, 2003, and who was sentenced according to
those sections as they existed before March 1, 2003, is eligible
for parole after serving the minimum of each sentence imposed for
that violation or 10 years of each sentence imposed for that
violation, whichever is less.
(15) Notwithstanding subsections (1) and (2), an individual
who was convicted of violating, or attempting or conspiring to
violate, section 7401(2)(a)(iii) or 7403(2)(a)(iii) of the public
health code, 1978 PA 368, MCL 333.7401 and 333.7403, whose offense
occurred before March 1, 2003, and who was sentenced according to
those sections as they existed before March 1, 2003, is eligible
for parole after serving the minimum of each sentence imposed for
that violation or 5 years of each sentence imposed for that
violation, whichever is less.
(16) Notwithstanding subsections (1) and (2), an individual
who was convicted of violating, or attempting or conspiring to
violate, section 7401(2)(a)(iv) or 7403(2)(a)(iv) of the public
health code, 1978 PA 368, MCL 333.7401 and 333.7403, whose offense
occurred before March 1, 2003, who was sentenced according to those
sections of law as they existed before March 1, 2003 to consecutive
terms of imprisonment for 2 or more violations of section
7401(2)(a) or 7403(2)(a), is eligible for parole after serving 1/2
of the minimum sentence imposed for each violation of section
7401(2)(a)(iv) or 7403(2)(a)(iv). This subsection applies only to
sentences imposed for violations of section 7401(2)(a)(iv) or
7403(2)(a)(iv) and does not apply if the sentence was imposed for a
conviction for a new offense committed while the individual was on
probation or parole.
(17) The parole board shall provide notice to the prosecuting
attorney of the county in which the individual was convicted before
granting parole to the individual under subsection (13), (14),
(15), or (16).
(18) As used in this section:
(a) "Serious crime" means violating or conspiring to violate
article 7 of the public health code, 1978 PA 368, MCL 333.7101 to
333.7545, that is punishable by imprisonment for more than 4 years,
or an offense against a person in violation of section 83, 84, 86,
87, 88, 89, 316, 317, 321, 349, 349a, 350, 397, 520b, 520c, 520d,
520g, 529, 529a, or 530 of the Michigan penal code, 1931 PA 328,
MCL 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, 750.520g, 750.529, 750.529a, and 750.530.
(b) "State correctional facility" means a facility that houses
prisoners committed to the jurisdiction of the department.
Sec. 34c. (1) The department, by contract or otherwise, shall
assist prisoners with reentry into the community, including, but
not limited to, doing both of the following:
(a) Assisting prisoners in obtaining the identification
documents described in this section.
(b) Subject to the department's security needs, reasonably
allowing prisoners to obtain the following identification documents
before those prisoners are released on parole or discharged upon
completion of their maximum sentences:
(i) Any of the identification documents that, in combination
with the prisoner identification card issued under section 37(4),
would satisfy the application requirements for obtaining an
operator's license or state personal identification card as
established by the secretary of state under section 307 of the
Michigan vehicle code, 1949 PA 300, MCL 257.307, or section 1 of
1972 PA 222, MCL 28.291.
(ii) A social security card or social security number
verification, if possible to obtain.
(2) A prisoner's refusal to obtain or attempt to obtain the
documents identified in subsection (1)(b) may be included as part
of the prisoner's parole eligibility report, as provided in section
35(7)(e).35(8)(e).
(3) This section applies to all prisoners who are serving a
sentence under the jurisdiction of the department after the
effective date of the amendatory act that added this section who
are eligible to obtain an operator's license under section 307 of
the Michigan vehicle code, 1949 PA 300, MCL 257.307, or a state
personal identification card under section 1 of 1972 PA 222, MCL
28.291.
(4) The department shall include in writing to each prisoner
the information described in section 14(9)(b) of chapter XI of the
code of criminal procedure, 1927 PA 175, MCL 771.14, listing the
identification documents referenced in subsection (1). For a
prisoner who begins serving a sentence under the jurisdiction of
the department after the effective date of the amendatory act that
added this section, the department shall provide that written
information during reception center processing. For any prisoner
who is under the jurisdiction of the department on the effective
date of the amendatory act that added this section, the department
shall provide that written information as follows:
(a) For a prisoner with less than 1 year remaining before
parole eligibility, within 90 days after that effective date.
(b) For any other prisoner, the information shall be given at
the time the parole eligibility report is prepared.
(5) The department shall allow the secretary of state to have
electronic access to prisoner information for the purpose of
verifying the identity of prisoners who apply for driver licenses
or state personal identification cards.
(6) The reentry success fund is created within the state
treasury. The state treasurer may receive money or other assets
from any source for deposit into the fund. The state treasurer
shall direct the investment of the fund. The state treasurer shall
credit to the fund interest and earnings from fund investments.
Money in the fund at the close of the fiscal year shall remain in
the fund and shall not lapse to the general fund. The department of
corrections shall expend money from the reentry success fund, upon
appropriation, only for the expenses of performing the activities
required by this section.
Sec. 35. (1) The release of a prisoner on parole shall be
granted solely upon the initiative of the parole board. The parole
board may grant a parole without interviewing the prisoner.
However, beginning January 26, 1996, the parole board may grant a
parole without interviewing the prisoner only if, after evaluating
the prisoner according to the parole guidelines, the parole board
determines that the prisoner has a high probability of being
paroled and the parole board therefore intends to parole the
prisoner. Except as provided in subsection (2), a prisoner shall
not be denied parole without an interview before 1 member of the
parole board. The interview shall be conducted at least 1 month
before the expiration of the prisoner's minimum sentence less
applicable good time and disciplinary credits for a prisoner
eligible for good time and disciplinary credits, or at least 1
month before the expiration of the prisoner's minimum sentence for
a prisoner subject to disciplinary time. The parole board shall
consider any statement made to the parole board by a crime victim
under the William Van Regenmorter crime victim's rights act, 1985
PA 87, MCL 780.751 to 780.834, or under any other provision of law.
The parole board shall not consider any of the following factors in
making a parole determination:
(a) A juvenile record that a court has ordered the department
to expunge.
(b) Information that is determined by the parole board to be
inaccurate or irrelevant after a challenge and presentation of
relevant evidence by a prisoner who has received a notice of intent
to
conduct an interview as provided in subsection (4). (5). This
subdivision applies only to presentence investigation reports
prepared before April 1, 1983.
(2)
Beginning January 26, 1996, if, If,
after evaluating a
prisoner according to the parole guidelines, the parole board
determines that the prisoner has a low probability of being paroled
and the parole board therefore does not intend to parole the
prisoner, the parole board is not required to interview the
prisoner before denying parole to the prisoner.
(3) The parole board may consider but shall not base a
determination to deny parole solely on either of the following:
(a) A prisoner's marital history.
(b) Prior arrests not resulting in conviction or adjudication
of delinquency.
(4) The parole board shall consider the following factors in
deciding whether to grant or deny parole to any prisoner who was
under 18 years of age at the time he or she committed the offense
for which he or she is imprisoned:
(a) His or her character and criminal and institutional
records.
(b) The circumstances of the offense, including the extent of
his or her participation in the offense and whether familial or
peer pressure may have been a factor in committing the offense.
(c) His or her age at the time of the offense.
(d) His or her background and mental and emotional development
at the time of the offense.
(e) His or her family and home environment at the time of the
offense.
(f) Whether he or she could have been charged and convicted of
a lesser offense if not for incompetency associated with youth.
(g) His or her potential for rehabilitation.
(5) (4)
If an interview is to be conducted,
the prisoner shall
be sent a notice of intent to conduct an interview at least 1 month
before the date of the interview. The notice shall state the
specific issues and concerns that shall be discussed at the
interview and that may be a basis for a denial of parole. A denial
of parole shall not be based on reasons other than those stated in
the notice of intent to conduct an interview except for good cause
stated to the prisoner at or before the interview and in the
written
explanation required by subsection (12). (13). This
subsection
does not apply until April 1, 1983.
(6) (5)
Except for good cause, the parole
board member
conducting the interview shall not have cast a vote for or against
the prisoner's release before conducting the current interview.
Before the interview, the parole board member who is to conduct the
interview shall review pertinent information relative to the notice
of intent to conduct an interview.
(7) (6)
A prisoner may waive the right to
an interview by 1
member of the parole board. The waiver of the right to be
interviewed shall be given not more than 30 days after the notice
of intent to conduct an interview is issued and shall be made in
writing. During the interview held pursuant to a notice of intent
to conduct an interview, the prisoner may be represented by an
individual of his or her choice. The representative shall not be
another prisoner or an attorney. A prisoner is not entitled to
appointed counsel at public expense. The prisoner or representative
may present relevant evidence in support of release.
(8) (7)
At least 90 days before the
expiration of the
prisoner's minimum sentence less applicable good time and
disciplinary credits for a prisoner eligible for good time or
disciplinary credits, or at least 90 days before the expiration of
the prisoner's minimum sentence for a prisoner subject to
disciplinary time, or the expiration of a 12-month continuance for
any prisoner, a parole eligibility report shall be prepared by
appropriate institutional staff. The parole eligibility report
shall be considered pertinent information for purposes of
subsection
(5). (6). The report shall include all of the following:
(a) A statement of all major misconduct charges of which the
prisoner was found guilty and the punishment served for the
misconduct.
(b) The prisoner's work and educational record while confined.
(c) The results of any physical, mental, or psychiatric
examinations of the prisoner that may have been performed.
(d) Whether the prisoner fully cooperated with the state by
providing complete financial information as required under section
3a of the state correctional facility reimbursement act, 1935 PA
253, MCL 800.403a.
(e) Whether the prisoner refused to attempt to obtain
identification documents under section 34c, if applicable.
(f) For a prisoner subject to disciplinary time, a statement
of all disciplinary time submitted for the parole board's
consideration under section 34 of 1893 PA 118, MCL 800.34.
(9) (8)
The preparer of the report shall
not include a
recommendation as to release on parole.
(10) (9)
Psychological evaluations performed
at the request of
the parole board to assist it in reaching a decision on the release
of a prisoner may be performed by the same person who provided the
prisoner with therapeutic treatment, unless a different person is
requested by the prisoner or parole board.
(11) (10)
The parole board may grant a
medical parole for a
prisoner determined to be physically or mentally incapacitated. A
decision to grant a medical parole shall be initiated upon the
recommendation of the bureau of health care services and shall be
reached only after a review of the medical, institutional, and
criminal records of the prisoner.
(12) (11)
The department shall submit a
petition to the
appropriate court under section 434 of the mental health code, 1974
PA 258, MCL 330.1434, for any prisoner being paroled or being
released after serving his or her maximum sentence whom the
department considers to be a person requiring treatment. The parole
board shall require mental health treatment as a special condition
of parole for any parolee whom the department has determined to be
a person requiring treatment whether or not the petition filed for
that prisoner is granted by the court. As used in this subsection,
"person requiring treatment" means that term as defined in section
401 of the mental health code, 1974 PA 258, MCL 330.1401.
(13) (12)
When the parole board makes a final
determination
not to release a prisoner, the prisoner shall be provided with a
written explanation of the reason for denial and, if appropriate,
specific recommendations for corrective action the prisoner may
take to facilitate release.
(14) (13)
This section does not apply to the
placement on
parole of a person in conjunction with special alternative
incarceration under section 34a(7).
Sec. 44. (1) Subject to the constitutional authority of the
governor to grant reprieves, commutations, and pardons, 1 member of
the parole board shall interview a prisoner serving a sentence for
murder in the first degree or a sentence of imprisonment for life
without parole at the conclusion of 10 calendar years and
thereafter as determined appropriate by the parole board, until
such time as the prisoner is granted a reprieve, commutation, or
pardon by the governor, or is deceased. The member of the parole
board may conduct the interview using a 2-way interactive video
technology system if that system allows the member of the parole
board and the prisoner to see, hear, and communicate with each
other simultaneously. The interview schedule prescribed in this
subsection applies to all prisoners to whom this section is
applicable, regardless of when they were sentenced.
(2)
Upon its own initiation of, or upon receipt of any
receiving an application for, a reprieve, commutation, or pardon,
the parole board shall do all of the following, as applicable:
(a)
Not more than 60 days after receipt of receiving an
application, conduct a review to determine whether the application
for a reprieve, commutation, or pardon has merit.
(b) Deliver either the written documentation of the initiation
or the original application with the parole board's determination
regarding merit, to the governor and retain a copy of each in its
file, pending an investigation and hearing.
(c) Within 10 days after initiation, or after determining that
an application has merit, forward to the sentencing judge and to
the prosecuting attorney of the county having original jurisdiction
of the case, or their successors in office, a written notice of the
filing of the application or initiation, together with copies of
the application or initiation, any supporting affidavits, and a
brief
summary of the case. Within 30 days after receipt of
receiving notice of the filing of any application or initiation,
the sentencing judge and the prosecuting attorney, or their
successors in office, may file information at their disposal,
together
with any objections, in writing, which they may desire to
interpose. If the sentencing judge and the prosecuting attorney, or
their successors in office, do not respond within 30 days, the
parole board shall proceed on the application or initiation.
(d) If an application or initiation for commutation is based
on physical or mental incapacity, direct the bureau of health care
services to evaluate the condition of the prisoner and report on
that condition. If the bureau of health care services determines
that the prisoner is physically or mentally incapacitated, the
bureau shall appoint a specialist in the appropriate field of
medicine, who is not employed by the department, to evaluate the
condition of the prisoner and to report on that condition. These
reports are protected by the doctor-patient privilege of
confidentiality, except that these reports shall be provided to the
governor for his or her review.
(e) Within 270 days after initiation by the parole board or
receipt
of receiving an application that the parole board has
determined
to have has merit pursuant to under subdivision
(a),
make a full investigation and determination on whether or not to
proceed to a public hearing.
(f) Conduct a public hearing not later than 90 days after
making a decision to proceed with consideration of a recommendation
for the granting of a reprieve, commutation, or pardon. The public
hearing shall be held before a formal recommendation is transmitted
to the governor. One member of the parole board who will be
involved in the formal recommendation may conduct the hearing, and
the public shall be represented by the attorney general or a member
of the attorney general's staff.
(g) At least 30 days before conducting the public hearing,
provide written notice of the public hearing by mail to the
attorney general, the sentencing trial judge, and the prosecuting
attorney, or their successors in office, and each victim who
requests
notice pursuant to under the crime victim's rights act,
1985 PA 87, MCL 780.751 to 780.834.
(h)
Conduct the public hearing pursuant to under the rules
promulgated by the department. Except as otherwise provided in this
subdivision, any person having information in connection with the
pardon, commutation, or reprieve shall be sworn as a witness. A
person who is a victim shall be given an opportunity to address and
be questioned by the parole board at the hearing or to submit
written testimony for the hearing. In hearing testimony, the parole
board shall give liberal construction to any technical rules of
evidence.
(i) Transmit its formal recommendation to the governor.
(j) Make all data in its files available to the governor if
the parole board recommends the granting of a reprieve,
commutation, or pardon.
(3) Except for medical records protected by the doctor-patient
privilege of confidentiality, the files of the parole board in
cases
under this section shall be are
matters of public record.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. ____ or House Bill No. 4806(request no.
00240'13 *) of the 97th Legislature is enacted into law.