BillCam

HB-5243, As Passed House, February 28, 2018

SUBSTITUTE FOR

HOUSE BILL NO. 5243

A bill to amend 1953 PA 232, entitled

"Corrections code of 1953,"

by amending section 35 (MCL 791.235), as amended by 2012 PA 24.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 35. (1) The release of a prisoner on parole shall must 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

must not be denied parole without an interview before 1 member of

the parole board. The interview shall must 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). 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) If an interview is to be conducted, the prisoner shall

must be sent a notice of intent to conduct an interview at least 1

month before the date of the interview. The notice shall must state

the specific issues and concerns that shall will be discussed at

the interview and that may be a basis for a denial of parole. A

denial of parole shall must 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). This

subsection does not apply until April 1, 1983.

(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.

(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 must be given not more than 30 days after the notice of

intent to conduct an interview is issued and shall must 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 must 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.

(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 must be prepared by appropriate

institutional staff. The parole eligibility report shall be

considered is pertinent information for purposes of subsection (5).

The report shall must 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.

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.

(8) The preparer of the report shall not include a

recommendation as to release on parole.

(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 clinician who

provided the prisoner with therapeutic treatment, unless a

different person clinician is requested by the prisoner or parole

board. Except as otherwise provided in this subsection, the

clinician must complete the examination for the psychological

evaluation within 45 days after the psychological evaluation is

requested by the parole board. The clinician may apply with the

parole board for an extension of time to complete the examination

for good cause that the additional time is necessary for the

clinician to observe and evaluate the prisoner. The parole board

shall grant an extension of not more than 15 days for completion of

the examination. If the examination for the psychological

evaluation is not completed in the time limitations under this

subsection, the parole board may take immediate steps to obtain the

examination, including, but not limited to, requesting another

clinician to conduct the examination. Except as otherwise provided

in this subsection, the clinician who conducted the examination

under this subsection shall submit a report of the psychological

evaluation to the parole board within 60 days after the

psychological evaluation is requested by the parole board. The

report must contain the clinical findings and the facts, in

reasonable detail, upon which the clinical findings are based. The

clinician may apply with the parole board for an extension of time

to submit the report for good cause that the additional time is

necessary to complete the report. The parole board shall grant an

extension of not more than 15 days for completion of the report.

(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 must be initiated upon the

recommendation of the bureau of health care services and shall must

be reached only after a review of the medical, institutional, and

criminal records of the prisoner.

(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.

(12) When the parole board makes a final determination not to

release a prisoner, the prisoner shall must 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.

(13) This section does not apply to the placement on parole of

a person in conjunction with special alternative incarceration

under section 34a(7).

Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.