Bill Summary – FastDemocracy

SENATE BILL NO. 972
     July 30, 2024, Introduced by Senator SANTANA and referred to the Committee on Civil Rights,
        Judiciary, and Public Safety.
          A bill to amend 1953 PA 232, entitled
    "Corrections code of 1953,"
    by amending sections 31a, 33, 33b, and 34 (MCL 791.231a, 791.233,
233b, and 791.234), section 31a as added by 1992 PA 181,
    sections 33 and 34 as amended by 2019 PA 14, and section 33b as
    amended by 2019 PA 16, and by adding sections 35a and 83a.
                     THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
       Sec. 31a. (1) Beginning October 1, 1992, there There is
 established in the department , a parole board consisting of 10 13
 members who shall be are appointed by the director and who shall
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 are not be within the state civil service. Not later than January
 1, 2024, the director shall appoint the 3 additional members
 required by the amendatory act that added this sentence.
       (2) Members of the parole board shall be appointed to terms of
 4 years each. , except that of the members first appointed, 4 shall
 serve for terms of 4 years each, 3 shall serve for terms of 3 years
 each, and 3 shall serve for terms of 2 year each. A member may be
 reappointed. The director may remove a member of the parole board
 for incompetency, dereliction of duty, malfeasance, misfeasance, or
 nonfeasance in office. If a vacancy occurs on the parole board, the
 director shall make an appointment for the unexpired term in the
 same manner as an original appointment. At least 4 members of the
 parole board shall must be persons individuals who, at the time of
 their appointment, have never been employed by or appointed to a
 position in the department. of corrections.
       (3) Each member of the parole board shall must receive an
 annual salary as established by the legislature and shall be is
 entitled to necessary traveling expenses incurred in the
 performance of official duties subject to the standardized travel
 regulations of the state.
       (4) The chairperson of the parole board shall must be
 designated by the director. The chairperson of the parole board is
 responsible for the administration and operation of the parole
 board. The chairperson may conduct interviews and participate in
 the parole decision making process. The chairperson shall select
 secretaries and other assistants as the chairperson considers to be
 necessary.
       (5) The parole board created in this section shall exist for
 purposes of appointment and training on October 1, 1992, and as of
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 November 15, 1992, shall exercise and perform the powers and duties
 prescribed and conferred by this act.
       Sec. 33. (1) The grant of a parole is subject to all of the
 following conditions:
       (a) A prisoner 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 and section sections
 34a, 35(10), and 35a, a parole 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 the minimum term of imprisonment if
 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 section sections
 34a, 35(10), and 35a, and notwithstanding the provisions of
 subdivision (b), a parole 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.
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       (d) Except as provided in section 34a and section 35(10), a
 parole 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 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) Except as provided in section 35(10), a prisoner whose
 minimum term of imprisonment is 2 years or more must not be
 released on parole unless he or she the prisoner has either earned
 a high school diploma or 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 the prisoner was incarcerated. The department
 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 high school
 equivalency certificate. If the prisoner does not have the
 necessary proficiency in English, the department shall provide
 English language training for that prisoner necessary for the
 prisoner to begin working toward the completion of the requirements
 for a high school equivalency certificate. This subdivision applies
 to prisoners sentenced for crimes committed after December 15,
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 1998. In providing an educational program leading to a high school
 diploma or 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) 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 imposed upon prisoners paroled under this act.
        Sec. 33b. Except for a prisoner granted parole under section
 sections 35(10) or 35a, a person convicted and sentenced for the
 commission of any of the following crimes other than a prisoner
 subject to disciplinary time is not eligible for parole until the
 person 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, and is not eligible for special parole:
        (a) Section 13 of the Michigan penal code, 1931 PA 328, MCL
 750.13.
        (b) Section 14 of the Michigan penal code, 1931 PA 328, MCL
 750.14.
        (c) Section 72, 73, or 75 of the Michigan penal code, 1931 PA
 328, MCL 750.72, 750.73, and 750.75.
        (d) Section 82, 83, 84, 86, 87, 88, 89, or 90 of the Michigan
 penal code, 1931 PA 328, MCL 750.82, 750.83, 750.84, 750.86,
 750.87, 750.88, 750.89, and 750.90, or former section 80 of that
 act.
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        (e) Section 91 or 92 of the Michigan penal code, 1931 PA 328,
 MCL 750.91 and 750.92.
        (f) Section 110, 112, or 116 of the Michigan penal code, 1931
 PA 328, MCL 750.110, 750.112, and 750.116.
        (g) Section 135 or 136b(2) or (3) of the Michigan penal code,
 1931 PA 328, MCL 750.135 and 750.136b, or former section 136a of
 that act.
        (h) Section 158 of the Michigan penal code, 1931 PA 328, MCL
 750.158.
        (i) Section 160 of the Michigan penal code, 1931 PA 328, MCL
 750.160.
        (j) Former section 171 of the Michigan penal code, 1931 PA
 328.
        (k) Section 196 of the Michigan penal code, 1931 PA 328, MCL
 750.196, or former section 194 of that act.
        (l) Section 204, 207, 209, or 213 of the Michigan penal code,
 1931 PA 328, MCL 750.204, 750.207, 750.209, and 750.213, or former
 section 205, 206 or 208 of that act.
        (m) Section 224, 226, or 227 of the Michigan penal code, 1931
 PA 328, MCL 750.224, 750.226, and 750.227.
        (n) Section 316, 317, 321, 322, 323, 327, 328, or 329 of the
 Michigan penal code, 1931 PA 328, MCL 750.316, 750.317, 750.321,
 750.322, 750.323, 750.327, 750.328, and 750.329, or former section
 319 of that act.
        (o) Former section 333 of the Michigan penal code, 1931 PA
 328.
        (p) Section 338, 338a, or 338b of the Michigan penal code,
 1931 PA 328, MCL 750.338, 750.338a, and 750.338b, or former section
 341 of that act.
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       (q) Section 349, 349a, or 350 of the Michigan penal code, 1931
 PA 328, MCL 750.349, 750.349a, and 750.350.
       (r) Section 357 of the Michigan penal code, 1931 PA 328, MCL
 750.357.
       (s) Section 386 or 392 of the Michigan penal code, 1931 PA
 328, MCL 750.386 and 750.392.
       (t) Section 397 or 397a of the Michigan penal code, 1931 PA
 328, MCL 750.397 and 750.397a.
       (u) Section 436 of the Michigan penal code, 1931 PA 328, MCL
 750.436.
       (v) Section 511 of the Michigan penal code, 1931 PA 328, MCL
 750.511, or former section 517 of that act.
       (w) Section 520b, 520c, 520d, or 520g of the Michigan penal
 code, 1931 PA 328, MCL 750.520b, 750.520c, 750.520d, and 750.520g.
       (x) Section 529, 529a, 530, or 531 of the Michigan penal code,
 1931 PA 328, MCL 750.529, 750.529a, 750.530, and 750.531.
       (y) Section 544 of the Michigan penal code, 1931 PA 328, MCL
 750.544, or former section 545a of that act.
       (z) Former section 2 of 1950 (Ex Sess) PA 38.
       (aa) Former section 6 of 1952 PA 117.
       (bb) Section 1, 2, or 3 of 1968 PA 302, MCL 752.541, 752.542,
 and 752.543.
       (cc) Section 7401(2)(a) or (b) or 7402(2)(a) or (b) of the
 public health code, 1978 PA 368, MCL 333.7401 and 333.7402.
       Sec. 34. (1) Except for a prisoner granted parole under
 section 35(10) or 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
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 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 the prisoner was convicted, less good time and disciplinary
 credits, if applicable.
       (2) Except for a prisoner granted parole under section 35(10)
 or 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 the prisoner was
 convicted.
       (3) Except for a prisoner granted parole under section 35(10),
 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 must be added to
 compute the new maximum term under this subsection, and discharge
 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) Except for a prisoner granted parole under section 35(10),
 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
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 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 must be added to compute the new
 maximum term under this subsection, and discharge 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 the prisoner 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 or 44a:
       (a) First Except as provided in section 35a, 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.
       (c) A violation of chapter XXXIII of the Michigan penal code,
 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
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 expressly denied under state law.
       (7) Except for a prisoner granted parole under section 35(10),
 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 the prisoner 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.
       (c) Except as provided in subsection (12), the prisoner has
 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
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 su