BillCam

SENATE BILL No. 1143

November 8, 2018, Introduced by Senator BIEDA and referred to the Committee on Judiciary.

A bill to amend 1893 PA 118, entitled

"An act to revise and consolidate the laws relative to state

prisons, to state houses of correction, and branches of state

prisons and reformatories, and the government and discipline

thereof and to repeal all acts inconsistent therewith,"

by amending section 33 (MCL 800.33), as amended by 1999 PA 148; and

to repeal acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 33. (1) A record of all major misconduct charges for

which a prisoner has been found guilty shall must be maintained and

given to the parole board as part of the parole eligibility report

prepared for each prisoner pursuant to under section 35 of the

corrections code of 1953, 1953 PA 232, MCL 791.235.

(2) Except as otherwise provided in this section, a prisoner

who is serving a sentence for a crime committed before April 1,

1987, and who has not been found guilty of a major misconduct or

had a violation of the laws of this state recorded against him or

her shall must receive a reduction from his or her sentence as

follows:

(a) During the first and second years of his or her sentence,

5 days for each month.

(b) During the third and fourth years, 6 days for each month.

(d) During the seventh, eighth, and ninth years, 9 days for

each month.

(e) During the tenth, eleventh, twelfth, thirteenth, and

fourteenth years, 10 days for each month.

(f) During the fifteenth, sixteenth, seventeenth, eighteenth,

and nineteenth years, 12 days for each month.

(g) From and including the twentieth year, up to and including

the period fixed for the expiration of the sentence, 15 days for

each month.

(3) Except as provided in section 34, all prisoners serving a

sentence for a crime that was committed on or after April 1, 1987

are eligible to earn disciplinary and special disciplinary credits

as provided in subsection (5). Disciplinary credits shall be

earned, forfeited, and restored as provided in this section.

Accumulated disciplinary credits good time received under

subsection (2) shall be deducted from a prisoner's minimum and

maximum sentence in order to determine his or her parole

eligibility date and discharge date.

(4) This section shall must not be construed to allow good

time , disciplinary credits, or special disciplinary credits in

cases of commuted sentences unless so stipulated in the executive

order commuting the sentence.

(5) Except as provided in section 34, all prisoners serving a

sentence on December 30, 1982, or incarcerated after December 30,

1982, for the conviction of a crime enumerated in section 33b(a) to

(cc) of 1953 PA 232, MCL 791.233b, are eligible to earn a

disciplinary credit of 5 days per month for each month served after

December 30, 1982. Accumulated disciplinary credits shall be

deducted from a prisoner's minimum and maximum sentence in order to

determine his or her parole eligibility dates.

A prisoner shall not earn disciplinary credits under this

subsection during any month in which the prisoner is found guilty

of having committed a major misconduct. The amount of disciplinary

credits not earned as a result of being found guilty of a major

misconduct shall be limited to the disciplinary credits that would

have been earned for the month in which the major misconduct

occurred. Any disciplinary credits not earned as a result of the

prisoner being found guilty of a major misconduct shall never be

earned or restored. The warden may order that a prisoner found

guilty of a major misconduct, including but not limited to charges

of rioting, inciting to riot, escape, homicide, or assault and

battery, forfeit all or a portion of the disciplinary credits

accumulated prior to the month in which the misconduct occurred. An

order forfeiting accumulated disciplinary credits shall be based

upon a review of the prisoner's institutional record.

The disciplinary credit committee, which is comprised of the

prisoner's resident unit manager, custody officers in the resident

unit with direct supervisory responsibilities over the prisoner,

and the appropriate work or school assignment supervisor, shall be

a part of the reclassification process and shall review, at least

annually, the status of each prisoner in the housing unit who has

forfeited disciplinary credits. The committee may recommend to the

warden whether any forfeited disciplinary credits should be

restored to the prisoner.

In addition to disciplinary credits, a prisoner eligible for

disciplinary credits under this subsection may be awarded 2 days

per month special disciplinary credits for good institutional

conduct on the recommendation of the disciplinary credit committee

and the concurrence of the warden based on an annual review of the

prisoner's institutional record. Special disciplinary credits shall

not be awarded for any month in which a prisoner has been found

guilty of a major misconduct.

The department of corrections shall promulgate rules pursuant

to the administrative procedures act of 1969, 1969 PA 306, MCL

24.201 to 24.328, necessary to implement this subsection not more

than 180 days after December 30, 1982.

(5) (6) On and after April 1, 1987, a A prisoner shall must

not earn good time under this section during any month in which the

prisoner is found guilty of having committed a major misconduct.

The amount of good time not earned as a result of being found

guilty of a major misconduct shall must be limited to the amount of

good time that would have been earned during the month in which the

major misconduct occurred. Any good time not earned as a result of

the prisoner being found guilty of a major misconduct shall must

never be earned or restored.

(6) (7) The department of corrections shall promulgate rules

pursuant to under the administrative procedures act of 1969, 1969

PA 306, MCL 24.201 to 24.328, prescribing how much of his or her

accumulated good time or accumulated disciplinary credits the

prisoner may forfeit if found guilty of 1 or more major

misconducts.

(7) (8) The warden may order that a prisoner found guilty of a

major misconduct forfeit all or a portion of the good time

accumulated prior to the month in which the misconduct occurred.

(8) (9) The good time committee, which is comprised of the

prisoner's resident unit manager, custody officer in the resident

unit with direct supervisory responsibility over the prisoner, and

the appropriate work or school assignment supervisor, shall must be

part of the reclassification process. The good time committee shall

recommend to the warden the amount of special good time to be

awarded and the restoration of any accumulated good time that has

been forfeited.

(9) (10) The warden, as a reward for good conduct, may restore

to a prisoner the whole or any portion of the good time or

disciplinary credits forfeited because of a finding of guilty for a

major misconduct. However, forfeited good time or disciplinary

credits shall must not be restored without the recommendation of

the disciplinary credit committee or good time committee and the

prior written approval of the deputy director in charge of the

bureau of correctional facilities administration or the deputy

director in charge of the bureau of field services field operations

administration. Disciplinary credits or good Good time allowances

that have not been earned because of institutional misconduct shall

must not be restored.

(10) (11) A prisoner who has been sentenced concurrently for

separate convictions shall must have his or her good time or

disciplinary credits computed on the basis of the longest of the

concurrent sentences. If a prisoner is serving consecutive

sentences for separate convictions, his or her good time or

disciplinary credits shall must be computed and accumulated on each

sentence individually and all good time or disciplinary credits

that have has been earned on any of the sentences shall be is

subject to forfeiture pursuant to subsections (5) and (8).under

subsection (7).

(11) (12) The warden of an institution may grant special good

time allowances. to eligible prisoners who are convicted of a crime

that is committed before April 1, 1987. Special good time credit

shall must not exceed 50% of the good time allowances under the

schedule in subsection (2). Special good time shall must be awarded

for good conduct only and shall must not be awarded for any month

in which a prisoner has been found guilty of a major misconduct.

(12) (13) The parole board shall be is exclusively empowered

to cause the forfeiture of good time or disciplinary credits earned

by a prisoner at the time of a parole violation.

(14) A prisoner subject to disciplinary time is not eligible

for good time, special good time, disciplinary credits, or special

disciplinary credits.

(13) (15) The court may order the reduction or forfeiture of 1

or more of the following good time credits pursuant to under

section 5513 of the revised judicature act of 1961, 1961 PA 236,

MCL 600.5513. :

(a) Good time.

(b) Disciplinary.

(14) The department of corrections shall recalculate the

parole eligibility date and discharge date for each prisoner

serving a sentence on the effective date of the amendatory act that

added this subsection who becomes eligible for good time credits

under subsection (2) as a result of the amendatory act that added

this subsection.

Enacting section 1. Sections 34 and 35 of 1893 PA 118, MCL

800.34 and 800.35, are repealed effective 90 days after the date

this amendatory act is enacted into law.

Enacting section 2. This amendatory act takes effect 90 days

after the date it is enacted into law.

Enacting section 3. This amendatory act does not take effect

unless House Bill No. 5665

of the 99th Legislature is enacted into law.