SB-0020, As Passed Senate, February 2, 2017

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 20

 

 

January 18, 2017, Introduced by Senators ROBERTSON, O'BRIEN, PROOS, JONES, COLBECK, KNOLLENBERG, HORN, BOOHER, SCHUITMAKER, BRANDENBURG, HANSEN, KOWALL, GREGORY, JOHNSON and WARREN and referred to the Committee on Michigan Competitiveness.

 

 

     A bill to amend 1953 PA 232, entitled

 

"Corrections code of 1953,"

 

by amending sections 33 and 34d (MCL 791.233 and 791.234d), section

 

33 as amended by 1998 PA 320 and section 34d as added by 2014 PA

 

359.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 33. (1) The grant of a parole is subject to all of the

 

following conditions:

 

     (a) A prisoner shall must not be given liberty on parole until

 

the board has reasonable assurance, after consideration of all of

 

the facts and circumstances, including the prisoner's mental and

 

social attitude, that the prisoner will not become a menace to

 

society or to the public safety.

 

     (b) Except as provided in section 34a, a parole shall must not

 

be granted to a prisoner other than a prisoner subject to

 

disciplinary time until the prisoner has served the minimum term

 

imposed by the court less allowances for good time or special good

 

time to which the prisoner may be entitled by statute, except that

 

a prisoner other than a prisoner subject to disciplinary time is

 

eligible for parole before the expiration of his or her minimum

 

term of imprisonment whenever the sentencing judge, or the judge's

 

successor in office, gives written approval of the parole of the

 

prisoner before the expiration of the minimum term of imprisonment.

 

     (c) Except as provided in section 34a, and notwithstanding the

 

provisions of subdivision (b), a parole shall must not be granted

 

to a prisoner other than a prisoner subject to disciplinary time

 

sentenced for the commission of a crime described in section 33b(a)

 

to (cc) until the prisoner has served the minimum term imposed by

 

the court less an allowance for disciplinary credits as provided in

 

section 33(5) of 1893 PA 118, MCL 800.33. A prisoner described in

 

this subdivision is not eligible for special parole.

 

     (d) Except as provided in section 34a, a parole shall must not

 

be granted to a prisoner subject to disciplinary time until the

 

prisoner has served the minimum term imposed by the court.

 

     (e) A prisoner shall must not be released on parole until the

 

parole board has satisfactory evidence that arrangements have been

 

made for such honorable and useful employment as the prisoner is

 

capable of performing, for the prisoner's education, or for the

 

prisoner's care if the prisoner is mentally or physically ill or

 

incapacitated.

     (f) A prisoner whose minimum term of imprisonment is 2 years

 

or more shall must not be released on parole unless he or she has

 

either earned a high school diploma or earned its equivalent in the

 

form of a general education development (GED) a high school

 

equivalency certificate. The director of the department may waive

 

the restriction imposed by this subdivision as to any prisoner who

 

is over the age of 65 or who was gainfully employed immediately

 

before committing the crime for which he or she was incarcerated.

 

The department of corrections may also waive the restriction

 

imposed by this subdivision as to any prisoner who has a learning

 

disability, who does not have the necessary proficiency in English,

 

or who for some other reason that is not the fault of the prisoner

 

is unable to successfully complete the requirements for a high

 

school diploma or a general education development high school

 

equivalency certificate. If the prisoner does not have the

 

necessary proficiency in English, the department of corrections

 

shall provide English language training for that prisoner necessary

 

for the prisoner to begin working toward the completion of the

 

requirements for a general education development high school

 

equivalency certificate. This subdivision applies to prisoners

 

sentenced for crimes committed after December 15, 1998. In

 

providing an educational program leading to a high school degree

 

diploma or general education development a high school equivalency

 

certificate, the department shall give priority to prisoners

 

sentenced for crimes committed on or before December 15, 1998.

 

     (2) Paroles-in-custody to answer warrants filed by local or

 

out-of-state agencies, or immigration officials, are permissible if

an accredited agent of the agency filing the warrant calls for the

 

prisoner to be paroled in custody.

 

     (3) Pursuant to the administrative procedures act of 1969,

 

1969 PA 306, MCL 24.201 to 24.328, the The parole board may

 

promulgate rules under the administrative procedures act of 1969,

 

1969 PA 306, MCL 24.201 to 24.328, that are not inconsistent with

 

this act with respect to conditions to be imposed upon prisoners

 

paroled under this act.

 

     Sec. 34d. (1) When a prisoner is released, the department

 

shall issue to that prisoner documents regarding all of the

 

following:

 

     (a) The prisoner's criminal convictions.

 

     (b) The prisoner's institutional history including all of the

 

following:

 

     (i) Any record of institutional misconduct.

 

     (ii) Whether the prisoner successfully completed programming

 

provided by the department or a person or entity under contract

 

with the department.

 

     (iii) Whether the prisoner obtained a general education

 

development certificate (GED) high school equivalency certificate

 

or other educational degree.

 

     (iv) The prisoner's institutional work record.

 

     (c) Other information considered relevant by the department.

 

     (2) In addition to the documents provided under subsection

 

(1), the department shall issue a certificate of employability

 

described in subsection (8) to a prisoner if all of the following

 

apply:

     (a) The prisoner successfully completed a career and technical

 

education course.

 

     (b) The prisoner received no major misconducts during the 2

 

years immediately preceding his or her release.

 

     (c) The prisoner received no more than 3 minor misconducts

 

during the 2 years immediately preceding his or her release.

 

     (d) The prisoner received a silver level or better on his or

 

her national work readiness certificate, or a similar score, as

 

determined by the department, on an alternative job skills

 

assessment test administered by the department.

 

     (3) A certificate of employability shall must only be issued

 

within 30 days before the prisoner is released from a correctional

 

facility under section 35 and is valid for 4 years after the date

 

it is issued unless otherwise revoked by the department. The

 

department shall revoke the certificate of employability if the

 

prisoner commits any criminal offense during the 30-day period

 

before release and may revoke the certificate of employability if

 

the prisoner has any institutional misconduct during that period.

 

The department shall revoke the certificate of employability of any

 

individual who commits a felony after receiving a certificate of

 

employability under this section and who is then placed under the

 

jurisdiction of the department for committing that felony.

 

     (4) The department shall provide an individual with an

 

opportunity to file a grievance related to the revocation of a

 

certificate of employability under subsection (3) through the

 

department's prisoner grievance system. The revocation of a

 

certificate of employability is effective when the individual is

notified of the revocation.

 

     (5) An individual shall not intentionally state or otherwise

 

represent that he or she has a valid certificate of employability

 

issued by the department knowing that the statement or

 

representation is false. An individual who violates this subsection

 

is guilty of a misdemeanor punishable by imprisonment for not more

 

than 93 days or a fine of not more than $500.00, or both.

 

     (6) The revocation of a certificate of employability is for

 

purposes of subsection (5) only and does not affect the right of an

 

employer to rely on the validity of the certificate of

 

employability unless the employer knew before the individual was

 

employed that the certificate of employability was fraudulent.

 

     (7) Upon request, the department shall confirm whether a

 

certificate of employability has been issued to a named individual

 

and whether the certificate is valid at the time of the inquiry and

 

at the time of the department's response to that inquiry.

 

     (8) A certificate of employability under this section shall

 

must be on a form provided by the department.

 

     (9) The department is not civilly liable for damages based

 

upon its decision to issue or to deny issuance of a certificate of

 

employability to any prisoner or for revoking or failing to revoke

 

a certificate of employability issued to any prisoner.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.