HOUSE BILL NO. 4468
April 25, 2023, Introduced by Reps. Hood, Hoskins, Wilson, Wegela, Brabec, Dievendorf, Byrnes,
Rheingans, Brenda Carter, Edwards, Glanville, Tyrone Carter, Andrews, Liberati, Young,
Neeley, MacDonell, Price, Hill, McKinney, Thompson, Brixie, Rogers, VanderWall, O'Neal
and Aiyash and referred to the Committee on Criminal Justice.
A bill to amend 1953 PA 232, entitled
"Corrections code of 1953,"
by amending sections 20g, 33, 34, 34a, 35, 36, 38, 51, 65, and 65a
(MCL 791.220g, 791.233, 791.234, 791.234a, 791.235, 791.236,
791.238, 791.251, 791.265, and 791.265a), section 20g as amended by
2000 PA 211, sections 33 and 34 as amended by 2019 PA 14, section
34a as amended by 2012 PA 259, section 35 as amended by 2019 PA 13,
section 36 as amended by 2020 PA 398, section 38 as amended by 1994
PA 217, section 51 as amended by 1998 PA 269, section 65 as amended
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by 2019 PA 16, and section 65a as amended by 2012 PA 599; and to
repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 20g. (1) The department may establish a youth
2 correctional facility which shall must house only prisoners
3 committed to the jurisdiction of the department who are 19 years of
4 age or less. If the department establishes or contracts with a
5 private vendor for the operation of a youth correctional facility,
6 following intake processing in a department operated facility, the
7 department shall house all male prisoners who are 16 years of age
8 or less at the youth correctional facility unless the department
9 determines that the prisoner should be housed at a different
10 facility for reasons of security, safety, or because of the
11 prisoner's specialized physical or mental health care needs.
12 (2) Except as provided in subsection (3), a prisoner who is 16
13 years of age or less and housed at a youth correctional facility
14 shall must only be placed in a general population housing unit with
15 prisoners who are 16 years of age or less.
16 (3) A prisoner who becomes 17 years of age while being housed
17 at a youth correctional facility and who has a satisfactory prison
18 record may remain in a general population housing unit for no more
19 than 1 year with prisoners who are 16 years of age or less.
20 (4) Except as provided in subsection (3), a prisoner who is 16
21 years of age or less and housed at a youth correctional facility
22 shall must not be allowed to be in the proximity of a prisoner who
23 is 17 years of age or more without the presence and direct
24 supervision of custody personnel in the immediate vicinity.
25 (5) The department may establish and operate the youth
26 correctional facility or may contract on behalf of the state with a
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1 private vendor for the construction or operation, or both, of the
2 youth correctional facility. If the department contracts with a
3 private vendor to construct, rehabilitate, develop, renovate, or
4 operate any existing or anticipated facility pursuant to under this
5 section, the department shall require a written certification from
6 the private vendor regarding all of the following:
7 (a) If practicable to efficiently and effectively complete the
8 project, the private vendor shall follow a competitive bid process
9 for the construction, rehabilitation, development, or renovation of
10 the facility, and this process shall must be open to all Michigan
11 residents and firms. The private vendor shall not discriminate
12 against any contractor on the basis of its affiliation or
13 nonaffiliation with any collective bargaining organization.
14 (b) The private vendor shall make a good faith good-faith
15 effort to employ, if qualified, Michigan residents at the facility.
16 (c) The private vendor shall make a good faith good-faith
17 effort to employ or contract with Michigan residents and firms to
18 construct, rehabilitate, develop, or renovate the facility.
19 (6) If the department contracts with a private vendor for the
20 operation of the youth correctional facility, the department shall
21 require by contract that the personnel employed by the private
22 vendor in the operation of the facility be certified as
23 correctional officers to the same extent as would be required if
24 those personnel were employed in a correctional facility operated
25 by the department. The department also shall require by contract
26 that the private vendor meet requirements specified by the
27 department regarding security, protection of the public,
28 inspections by the department, programming, liability and
29 insurance, conditions of confinement, educational services required
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1 under subsection (11), and any other issues the department
2 considers necessary for the operation of the youth correctional
3 facility. The department shall also require that the contract
4 include provisions to protect the public's interest if the private
5 vendor defaults on the contract. Before finalizing a contract with
6 a private vendor for the construction or operation of the youth
7 correctional facility, the department shall submit the proposed
8 contract to the standing committees of the senate and the house of
9 representatives having jurisdiction of corrections issues, the
10 corrections subcommittees of the standing committees on
11 appropriations of the senate and the house of representatives, and,
12 with regard to proposed construction contracts, the joint committee
13 on capital outlay. A contract between the department and a private
14 vendor for the construction or operation of the youth correctional
15 facility shall be is contingent upon appropriation of the required
16 funding. If the department contracts with a private vendor under
17 this section, the selection of that private vendor shall must be by
18 open, competitive bid.
19 (7) The department shall not site a youth correctional
20 facility under this section in a city, village, or township unless
21 the local legislative body of that city, village, or township
22 adopts a resolution approving the location.
23 (8) A private vendor operating a youth correctional facility
24 under a contract under this section shall not do any of the
25 following, unless directed to do so by the department policy:
26 (a) Calculate inmate release and parole eligibility dates.
27 (b) Award good time. or disciplinary credits, or impose
28 disciplinary time.
29 (c) Approve inmates for extensions of limits of confinement.
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1 (9) The youth correctional facility shall must be open to
2 visits during all business hours, and during nonbusiness hours
3 unless an emergency prevents it, by any elected state senator or
4 state representative.
5 (10) Once each year, the department shall report on the
6 operation of the facility. Copies of the report shall must be
7 submitted to the chairpersons of the house and senate committees
8 responsible for legislation on corrections or judicial issues, and
9 to the clerk of the house of representatives and the secretary of
10 the senate.
11 (11) Regardless of whether the department itself operates the
12 youth correctional facility or contracts with a private vendor to
13 operate the youth correctional facility, all of the following
14 educational services shall must be provided for juvenile prisoners
15 housed at the facility who have not earned a high school diploma or
16 received a general education certificate (GED):
17 (a) The department or private vendor shall require that a
18 prisoner whose academic achievement level is not sufficient to
19 allow the prisoner to participate effectively in a program leading
20 to the attainment of a GED certificate participate in classes that
21 will prepare him or her to participate effectively in the GED
22 program, and shall provide those classes in the facility.
23 (b) The department or private vendor shall require that a
24 prisoner who successfully completes classes described in
25 subdivision (a), or whose academic achievement level is otherwise
26 sufficient, participate in classes leading to the attainment of a
27 GED certificate, and shall provide those classes.
28 (12) Neither the department nor the private vendor shall seek
29 to have the youth correctional facility authorized as a public
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1 school academy under the revised school code, 1976 PA 451, MCL
2 380.1 to 380.1852.
3 (13) A private vendor that operates the youth correctional
4 facility under a contract with the department shall provide written
5 notice of its intention to discontinue its operation of the
6 facility. This subsection does not authorize or limit liability for
7 a breach or default of contract. If the reason for the
8 discontinuance is that the private vendor intends not to renew the
9 contract, the notice shall must be delivered to the director of the
10 department at least 1 year before the contract expiration date. If
11 the discontinuance is for any other reason, the notice shall must
12 be delivered to the director of the department at least 6 months
13 before the date on which the private vendor will discontinue its
14 operation of the facility. This subsection does not authorize or
15 limit liability for a breach or default of contract.
16 Sec. 33. (1) The grant of a parole is subject to all of the
17 following conditions:
18 (a) A prisoner must not be given liberty on parole until the
19 board has reasonable assurance, after consideration of all of the
20 facts and circumstances, including the prisoner's mental and social
21 attitude, that the prisoner will not become a menace to society or
22 to the public safety.
23 (b) Except as provided in section sections 34a and section
24 35(10), a parole must not be granted to a prisoner other than a
25 prisoner subject to disciplinary time until the prisoner has served
26 the minimum term imposed by the court less allowances for good time
27 or special good time to which the prisoner may be entitled by
28 statute, except that a prisoner other than a prisoner subject to
29 disciplinary time is eligible for parole before the expiration of
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1 his or her minimum term of imprisonment if the sentencing judge, or
2 the judge's successor in office, gives written approval of the
3 parole of the prisoner before the expiration of the minimum term of
4 imprisonment.
5 (c) Except as provided in section 34a and section 35(10), and
6 notwithstanding the provisions of subdivision (b), a parole must
7 not be granted to a prisoner other than a prisoner subject to
8 disciplinary time sentenced for the commission of a crime described
9 in section 33b(a) to (cc) until the prisoner has served the minimum
10 term imposed by the court less an allowance for disciplinary
11 credits as provided in section 33(5) of 1893 PA 118, MCL 800.33. A
12 prisoner described in this subdivision is not eligible for special
13 parole.
14 (d) Except as provided in section 34a and section 35(10), a
15 parole must not be granted to a prisoner subject to disciplinary
16 time until the prisoner has served the minimum term imposed by the
17 court.
18 (c) (e) A prisoner must not be released on parole until the
19 parole board has satisfactory evidence that arrangements have been
20 made for such honorable and useful employment as the prisoner is
21 capable of performing, for the prisoner's education, or for the
22 prisoner's care if the prisoner is mentally or physically ill or
23 incapacitated.
24 (d) (f) Except as provided in section 35(10), a prisoner whose
25 minimum term of imprisonment is 2 years or more must not be
26 released on parole unless he or she has either earned a high school
27 diploma or a high school equivalency certificate. The director of
28 the department may waive the restriction imposed by this
29 subdivision as to any prisoner who is over the age of 65 or who was
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1 gainfully employed immediately before committing the crime for
2 which he or she was incarcerated. The department may also waive the
3 restriction imposed by this subdivision as to any prisoner who has
4 a learning disability, who does not have the necessary proficiency
5 in English, or who for some other reason that is not the fault of
6 the prisoner is unable to successfully complete the requirements
7 for a high school diploma or a high school equivalency certificate.
8 If the prisoner does not have the necessary proficiency in English,
9 the department shall provide English language training for that
10 prisoner necessary for the prisoner to begin working toward the
11 completion of the requirements for a high school equivalency
12 certificate. This subdivision applies to prisoners sentenced for
13 crimes committed after December 15, 1998. In providing an
14 educational program leading to a high school diploma or a high
15 school equivalency certificate, the department shall give priority
16 to prisoners sentenced for crimes committed on or before December
17 15, 1998.
18 (2) Paroles-in-custody to answer warrants filed by local or
19 out-of-state agencies, or immigration officials, are permissible if
20 an accredited agent of the agency filing the warrant calls for the
21 prisoner to be paroled in custody.
22 (3) The parole board may promulgate rules under the
23 administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24 24.328, that are not inconsistent with this act with respect to
25 conditions imposed upon prisoners paroled under this act.
26 Sec. 34. (1) Except for a prisoner granted parole under
27 section 35(10) or as provided in section 34a, a prisoner sentenced
28 to an indeterminate sentence and confined in a state correctional
29 facility with a minimum in terms of years other than a prisoner
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1 subject to disciplinary time is subject to the jurisdiction of the
2 parole board when the prisoner has served a period of time equal to
3 the minimum sentence imposed by the court for the crime of which he
4 or she was convicted, less good time, and disciplinary credits, if
5 applicable.
6 (2) Except for a prisoner granted parole under section 35(10)
7 or as provided in section 34a, a prisoner subject to disciplinary
8 time sentenced to an indeterminate sentence and confined in a state
9 correctional facility with a minimum in terms of years is subject
10 to the jurisdiction of the parole board when the prisoner has
11 served a period of time equal to the minimum sentence imposed by
12 the court for the crime of which he or she was convicted.
13 (2) (3) Except for a prisoner granted parole under section
14 35(10), if a prisoner other than a prisoner subject to disciplinary
15 time is sentenced for consecutive terms, whether received at the
16 same time or at any time during the life of the original sentence,
17 the parole board has jurisdiction over the prisoner for purposes of
18 parole when the prisoner has served the total time of the added
19 minimum terms, less the good time and disciplinary credits allowed
20 by statute. The maximum terms of the sentences must be added to
21 compute the new maximum term under this subsection, and discharge
22 must be issued only after the total of the maximum sentences has
23 been served less good time and disciplinary credits, unless the
24 prisoner is paroled and discharged upon satisfactory completion of
25 the parole.
26 (4) Except for a prisoner granted parole under section 35(10),
27 if a prisoner subject to disciplinary time is sentenced for
28 consecutive terms, whether received at the same time or at any time
29 during the life of the original sentence, the parole board has
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1 jurisdiction over the prisoner for purposes of parole when the
2 prisoner has served the total time of the added minimum terms. The
3 maximum terms of the sentences must be added to compute the new
4 maximum term under this subsection, and discharge must be issued
5 only after the total of the maximum sentences has been served,
6 unless the prisoner is paroled and discharged upon satisfactory
7 completion of the parole.
8 (3) (5) If a prisoner other than a prisoner subject to
9 disciplinary time has 1 or more consecutive terms remaining to
10 serve in addition to the term he or she is serving, the parole
11 board may terminate the sentence the prisoner is presently serving
12 at any time after the minimum term of the sentence has been served.
13 (4) (6) A prisoner sentenced to imprisonment for life for any
14 of the following is not eligible for parole and is instead subject
15 to the provisions of section 44 or 44a:
16 (a) First deg