BillCam

SB-0072, As Passed Senate, September 20, 2017

SUBSTITUTE FOR

SENATE BILL NO. 72

A bill to amend 1953 PA 232, entitled

"Corrections code of 1953,"

by amending section 34 (MCL 791.234), as amended by 2016 PA 354.

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, 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 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 must be added to compute the new maximum term under

this subsection, and discharge shall must 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 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 must be added to compute the

new maximum term under this subsection, and discharge shall must 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 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 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.

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 and may be placed on parole

according to the conditions prescribed in subsection (8) 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.

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.

(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. 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 must be allowed to submit written statements or documentary

evidence for the parole board's consideration in conducting the

file review.

must 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 must be given to the sentencing

judge, or the judge's successor in office. Parole shall must not be

granted if the sentencing judge files written objections to the

granting of the parole within 30 days of receipt of the notice of

hearing, but the sentencing judge's written objections shall bar

the granting of parole only if the sentencing judge is still in

office in the court before which the prisoner was convicted and

sentenced. A sentencing judge's successor in office may file

written objections to the granting of parole, but a successor

judge's objections shall must not bar the granting of parole under

subsection (7). If written objections are filed by either the

sentencing judge or the judge's successor in office, they shall

must be made part of the prisoner's file.

(d) A parole granted under subsection (7) shall must 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 must be returned 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 must 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 must 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)(c).

(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.

(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 a

prisoner 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 a

prisoner 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 a

prisoner 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 a

prisoner 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) of the public health code, 1978

PA 368, MCL 333.7401 and 333.7403, 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) of the public health code,

1978 PA 368, MCL 333.7401 and 333.7403. This subsection applies

only to sentences imposed for violations of section 7401(2)(a)(iv)

or 7403(2)(a)(iv) of the public health code, 1978 PA 368, MCL

333.7401 and 333.7403, 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) Notwithstanding subsections (1) and (2), a prisoner who

was convicted of violating, or attempting or conspiring to violate,

section 7401(2)(a)(ii) or (iii) or 7403(2)(a)(ii) or (iii) of the

public health code, 1978 PA 368, MCL 333.7401 and 333.7403, who had

a prior conviction for a violation of section 7401(2)(a)(ii) or

(iii) or 7403(2)(a)(ii) or (iii) of the public health code, 1978 PA

368, MCL 333.7401 and 333.7403, and who was sentenced to life

without parole under section 7413(1) of the public health code,

1978 PA 368, MCL 333.7413, according to that section as it existed

before the effective date of the amendatory act that added this

subsection is eligible for parole after serving 5 years of each

sentence imposed for that violation.

(18) (17) The parole board shall provide notice to the

prosecuting attorney of the county in which the individual prisoner

was convicted before granting parole to the individual prisoner

under subsection (13), (14), (15), or (16), or (17).

(19) (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.

Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.

Enacting section 2. This amendatory act does not take effect

unless Senate Bill No. 73 of the 99th Legislature is enacted into

law.