HB-5234, As Passed House, March 7, 2018

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 5234

 

 

November 8, 2017, Introduced by Reps. Howrylak, LaGrand, Pagel, Lucido, Chang, Schor, Robinson, McCready, Gay-Dagnogo, Reilly, Crawford, Kesto, Graves, Webber and Inman and referred to the Committee on Law and Justice.

 

     A bill to amend 1927 PA 175, entitled

 

"The code of criminal procedure,"

 

(MCL 760.1 to 777.69) by adding sections 3g and 3h to chapter XI.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

                           CHAPTER XI

 

     Sec. 3g. (1) A county sheriff may notify the court in writing

 

that a prisoner may be eligible for medical probation if the county

 

sheriff has consulted with a physician and the physician determined

 

either of the following:

 

     (a) The prisoner is physically or mentally incapacitated due

 

to a medical condition that renders the prisoner unable to perform

 

activities of basic daily living, and the prisoner requires 24-hour

 

care. The physician shall evaluate when the physical or mental

 

incapacitation arose.

 

     (b) The prisoner requires acute long-term medical treatment or

 

services.

 

     (2) A county sheriff's notification submitted to the court

 

under subsection (1) must be accompanied with the evidence the

 

physician considered in making a determination under subsection

 

(1)(a) or (b).

 

     (3) Subject to subsection (4), a court may enter an order of

 

probation placing a prisoner on medical probation under the charge

 

and supervision of a probation officer if the court finds that the

 

prisoner requires acute long-term medical treatment or services, or

 

that the prisoner is physically or mentally incapacitated with a

 

medical condition that renders the prisoner unable to perform

 

activities of basic daily living and the prisoner requires 24-hour

 

care.

 

     (4) A court shall not place a prisoner on medical probation

 

unless all of the following apply:

 

     (a) A placement option has been secured for the prisoner in

 

the community. A placement option may include, but is not limited

 

to, home confinement or a medical facility.

 

     (b) The county sheriff has made a reasonable effort to

 

determine whether expenses related to the prisoner's placement

 

secured under subdivision (a) are covered by Medicaid, a health

 

care policy, a certificate of insurance, or another source for the

 

payment of medical expenses or whether the prisoner has sufficient

 

income or assets to pay for expenses related to the placement.

     (c) The court conducted a public hearing in which the

 

prosecuting attorney of the county and each victim who requests and

 

is entitled to notice under the William Van Regenmorter crime

 

victim's rights act, 1985 PA 87, MCL 780.751 to 780.834, are

 

provided adequate notice of the hearing and an opportunity to be

 

heard during the hearing.

 

     (5) If a court's placement of a prisoner on medical probation

 

results in expenses incurred by the county that are not covered by

 

a payment source identified under subsection (4)(b), to the extent

 

permitted under applicable law, the county may seek reimbursement

 

for those expenses.

 

     (6) An order of medical probation entered under subsection (3)

 

may include as a condition of the medical probation that the

 

prisoner submit to reexamination by a physician to assess whether

 

the prisoner continues to meet the requirements for medical

 

probation under subsection (3). At any time while the prisoner is

 

placed on medical probation, the court or probation officer may

 

require the prisoner to submit to a reexamination. If, after the

 

prisoner is reexamined, the court finds that the requirements for

 

medical probation under subsection (3) are no longer met, the court

 

shall revoke medical probation and order the prisoner committed to

 

the county jail for a term of imprisonment that does not exceed the

 

penalty that was imposed, less time served, for the offense for

 

which the prisoner was originally convicted and placed on medical

 

probation.

 

     (7) As used in this section and section 3h of this chapter:

 

     (a) "County sheriff" includes the sheriff of a county in this

state or the sheriff's designee.

 

     (b) "Physician" means that term as defined in section 17001 of

 

the public health code, 1978 PA 368, MCL 333.17001.

 

     (c) "Prisoner" means an individual committed or sentenced to

 

imprisonment under section 28 of chapter IX.

 

     Sec. 3h. (1) A county sheriff may notify the court in writing

 

that a prisoner may be eligible for compassionate release if the

 

county sheriff has consulted with a physician and the physician

 

determined that the prisoner has a life expectancy of not more than

 

6 months. The notification must be accompanied with the evidence

 

the physician considered in making the determination regarding the

 

prisoner's life expectancy.

 

     (2) Subject to subsection (3), a court may grant compassionate

 

release to a prisoner if the court finds that the prisoner has a

 

life expectancy of not more than 6 months and that the release of

 

the prisoner would not reasonably pose a threat to public safety or

 

the prisoner. If a court grants a prisoner compassionate release,

 

the court shall enter an amended judgment of sentence specifying

 

that the prisoner is released from the term of imprisonment imposed

 

for the offense for which the prisoner was originally convicted.

 

     (3) A court shall not grant a prisoner compassionate release

 

unless all of the following apply:

 

     (a) A placement option has been secured for the prisoner in

 

the community. A placement option may include, but is not limited

 

to, placement in the prisoner's home or a medical facility.

 

     (b) The sheriff has made a reasonable effort to determine

 

whether expenses related to the prisoner's placement secured under

subdivision (a) are covered by Medicaid, a health care policy, a

 

certificate of insurance, or another source for the payment of

 

medical expenses or whether the prisoner has sufficient income or

 

assets to pay for expenses related to the placement.

 

     (c) The court conducted a public hearing in which the

 

prosecuting attorney of the county and each victim who requests and

 

is entitled to notice under the William Van Regenmorter crime

 

victim's rights act, 1985 PA 87, MCL 780.751 to 780.834, are

 

provided adequate notice of the hearing and an opportunity to be

 

heard during the hearing.

 

     (4) If a court's grant of compassionate release to a prisoner

 

results in expenses incurred by the county that are not covered by

 

a payment source identified under subsection (3)(b), to the extent

 

permitted under applicable law, the county may seek reimbursement

 

for those expenses.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.