Legislative Analysis
Phone: (517) 373-8080
FOIA REQUESTS BY INCARCERATED INDIVIDUALS
http://www.house.mi.gov/hfa
House Bill 4427 (H-5) as reported from committee Analysis available at
Sponsor: Rep. Stephanie A. Young http://www.legislature.mi.gov
Committee: Criminal Justice
Complete to 6-5-24
SUMMARY:
House Bill 4427 would amend the Freedom of Information Act (FOIA) to allow access by an
incarcerated individual to certain public documents that relate to their own case, to an arrest or
prosecution or juvenile adjudication of their minor child for whom they have not been denied
parenting time under the Child Custody Act, or to an arrest or prosecution or juvenile
adjudication for an offense the incarcerated individual or minor child was an alleged victim of.
Persons who can request FOIA records
Currently, FOIA says that it is the state’s public policy that all persons, except those persons
incarcerated in state or local correctional facilities, are entitled to full and complete
information regarding the affairs of government and the official acts of those who represent
them as public officials and public employees, consistent with the act. The bill would delete
the italicized text and provide that the rest of the sentence is subject to the provisions described
under “Records requests by incarcerated individuals,” below.
In addition, FOIA currently defines person as an individual, corporation, limited liability
company, partnership, firm, organization, association, governmental entity, or other legal
entity—but specifically excludes an individual serving a sentence of imprisonment in a federal
correctional facility or in a state or county correctional facility in Michigan or any other state.
The bill would eliminate this exclusion.
Records requests by incarcerated individuals
The bill would provide that the right to receive a copy of a public record under FOIA is
available to an individual incarcerated in a county, state, or federal correctional facility in
Michigan or any other state only if all of the following are met:
• In addition to the other requirements for properly requesting public records under
FOIA, the request indicates it is made under these provisions.
• The record requested contains one or more specific references to the incarcerated
individual or to a minor child of the incarcerated individual for whom they have not
been denied parenting time under the Child Custody Act.
• The record is related to one or more of the following:
o An arrest or prosecution of the incarcerated individual.
o An arrest, prosecution, or juvenile adjudication of the individual’s minor child
described above.
o An arrest, prosecution, or juvenile adjudication that involves the incarcerated
individual, or their minor child described above, as an alleged victim.
• The record is otherwise accessible to the incarcerated individual by law.
House Fiscal Agency Page 1 of 4
 • The record is not exempt under section 13 of the act. 1
• If applicable, the request is accompanied by an affidavit of the incarcerated individual
attesting to both of the following:
o That the minor child identified in the request as the individual’s minor child to
whom a record relates is in fact the individual’s minor child.
o That the incarcerated individual has in fact not been denied parenting time for
that minor child under the Child Custody Act.
An incarcerated individual making a request as described above would be exempt from a
provision that requires the requestor’s contact information to include a valid phone number or
email address.
The bill says that the right of incarcerated individuals described above is not intended to
interfere with any properly adopted Department of Corrections rules regarding the content of
mail that may be delivered to an individual incarcerated in a state correctional facility in
Michigan.
Denial of a request
If a public body that receives a request from an incarcerated individual as described above does
not possess any record related to an arrest or prosecution involving the incarcerated individual
or their minor child, the public body would have to deny the request in a response provided
within 30 calendar days after receiving the request. The response would have to certify that the
public body does not possess any record related to an arrest or prosecution involving the
incarcerated individual or their minor child as described above. A denial made under these
provisions would not be subject to appeal under the act. [Note that these provisions do not
address records related to juvenile adjudications as allowed above.]
Public body means any of the following:
• A state officer, employee, agency, department, division, bureau, board,
commission, council, authority, or other body in the executive branch of the
state government, except for the governor or lieutenant governor, the executive
office of the governor or lieutenant governor, or employees thereof.
• An agency, board, commission, or council in the legislative branch of the state
government.
• A county, city, township, village, intercounty, intercity, or regional governing
body, council, school district, special district, or municipal corporation, or a
board, department, commission, council, or agency thereof.
• Any other body created by state or local authority or primarily funded by or
through state or local authority.
Public body does not include the judiciary (which includes the office of the county
clerk and its employees when acting in the capacity of clerk to the circuit court).
1
The section describes records a public body may exempt from disclosure under FOIA, such as those involving
security concerns, trade secrets, or invasion of privacy. http://legislature.mi.gov/doc.aspx?mcl-15-243
House Fiscal Agency HB 4427 (H-5) as reported from committee Page 2 of 4
 Response to request from incarcerated individual
In general under FOIA, a public body is required to respond to a request for a public record
within five business days after receiving the request by granting the request, issuing a written
notice denying the request, granting the request in part and issuing a written notice denying the
request in part, or issuing a notice extending for not more than 10 business days the period
during which the public body must respond to the request.
Under the bill, the above response requirement would not apply to a request received under the
bill by the Department of Corrections or a local law enforcement agency from an individual
incarcerated in a state or local correctional facility in Michigan. In those cases, except as
described under “Denial of a request,” above, the department or agency would have 30 calendar
days after receiving the request to grant it, issue a written notice denying it, or grant it in part
and issue a written notice denying it in part.
In addition, the language italicized above (related to issuing a notice of extension) would not
apply to a request received by the Department of Corrections or a local law enforcement agency
from an individual incarcerated in a state or local correctional facility in Michigan.
MCL 15.231 et seq.
BACKGROUND:
The bill is similar to House Bill 4617 of the 2021-22 legislative session, which was reported
from the House Oversight committee. 2
FISCAL IMPACT:
House Bill 4427 could have a fiscal impact on the state or local units of government depending
on the number of public records requested under provisions of the bill and how the increase in
record requests affects administrative costs. An increase in records requested from the
Department of Corrections or local law enforcement agency would have a nominal fiscal
impact on those entities, and any associated costs could be absorbed by existing appropriations
or local funds.
POSITIONS:
Representatives of the following entities testified in support of the bill (2-27-24):
• Safe and Just Michigan
• Organization of Exonerees
• Michigan Collaborative to End Mass Incarceration
• Innocence Project
• Humanity for Prisoners
The following entities indicated support for the bill:
• ACLU of Michigan (2-27-24)
• Citizens for Prison Reform (2-27-24)
2
https://www.legislature.mi.gov/documents/2021-2022/billanalysis/House/pdf/2021-HLA-4617-5C0381C5.pdf
House Fiscal Agency HB 4427 (H-5) as reported from committee Page 3 of 4
 • Cooley Innocence Project (2-27-24)
• Criminal Defense Attorneys of Michigan (2-27-24)
• Michigan Chapter of Citizens United for the Rehabilitation of Errants (2-27-24)
• Michigan Innocence Clinic, University of Michigan Law School (2-27-24)
• Michigan League for Public Policy (2-27-24)
• Nation Outside (5-14-24)
The Department of Corrections indicated a neutral position on the bill. (2-27-24)
The Michigan Sheriffs’ Association indicated opposition to the bill. (5-14-24)
Legislative Analyst: Rick Yuille
Fiscal Analysts: Robin Risko
Michael Cnossen
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their
deliberations and does not constitute an official statement of legislative intent.
House Fiscal Agency HB 4427 (H-5) as reported from committee Page 4 of 4


Statutes affected:
Substitute (H-5): 15.231
House Introduced Bill: 15.231
As Passed by the House: 15.231