HOUSE BILL NO. 6090
November 13, 2024, Introduced by Reps. Dievendorf, Rheingans, Wilson, Hood, Morgan, Price,
Brenda Carter, Hope, DeBoer, Edwards, O'Neal, Neeley, Young, McKinney and Hoskins and
referred to the Committee on Criminal Justice.
A bill to amend 1953 PA 232, entitled
"Corrections code of 1953,"
by amending sections 14a, 52, 53, and 68a (MCL 791.214a, 791.252,
791.253, and 791.268a), section 14a as added by 2020 PA 309 and
section 68a as added by 2001 PA 8.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 14a. (1) The department shall create a family
2 reunification policy. The family reunification policy must include
3 the creation of a permanent family advisory board that consists of
4 not fewer than 11 and not more than 16 members, including the
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1 following:
2 (a) One individual designated by the director who is an
3 employee of the department.
4 (b) The legislative corrections ombudsman.
5 (c) Not fewer than 4 or more than 6 individuals who are family
6 members of individuals currently incarcerated in Michigan.this
7 state.
8 (d) Not fewer than 1 or more than 3 individuals who are family
9 members of individuals who were formerly incarcerated in
10 Michigan.this state.
11 (e) Not fewer than 1 individual who has a parent formerly or
12 currently incarcerated in Michigan.this state.
13 (f) Not fewer than 1 or more than 2 individuals who were
14 formerly incarcerated in Michigan.this state.
15 (g) One individual who is a social worker who has training and
16 expertise dealing with mental health issues and experience working
17 with formerly or currently incarcerated individuals.
18 (h) One individual who is an advocate for or mentor to
19 individuals incarcerated in Michigan.this state.
20 (2) In addition to regular meetings of the family advisory
21 board, the board shall hold at least 2 public informational
22 meetings each year for family members and the public to provide
23 comments. The public informational meetings for family members and
24 the public to provide comments must not be held in the same region
25 of this state.
26 (3) Members of the family advisory board shall serve without
27 compensation. However, members of the board may be reimbursed for
28 their actual and necessary expenses incurred in the performance of
29 their official duties as members of the board.
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1 (4) The family advisory board shall do all of the following:
2 (a) Assist the department by providing feedback regarding
3 policies and procedures that impact family reunification during and
4 after incarceration.
5 (b) Assist and advise the department regarding the development
6 of programs that support family reunification during and after
7 incarceration.
8 (c) Enhance communication between the department and families
9 regarding issues that impact a broad range of incarcerated and
10 formerly incarcerated individuals and their families, including,
11 but not limited to, gathering information from individuals in the
12 region and across the state with family members who are or have
13 been incarcerated, including a review of comment cards submitted at
14 individual correctional facilities.
15 (d) Identify barriers concerning family reunification during
16 and after incarceration.
17 (e) File an annual report with the chairs of the committees of
18 the senate and house of representatives concerned with the
19 department and criminal justice issues regarding its activities
20 under this section. The report must be filed not later than October
21 1 of each year.
22 (5) The department shall provide any staffing necessary for
23 the family advisory board to fulfill its duties under this section.
24 (6) The family advisory board may, in its discretion, create
25 regional committees or facility-focused family councils to carry
26 out its duties.
27 (7) The department shall provide information about the family
28 advisory board on its website and in the waiting rooms of
29 correctional facilities, including the board's contact information
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1 for obtaining information and assistance with family-related
2 issues.
3 (8) The department shall provide the family advisory board
4 with any draft of proposed policy changes that affect a prisoner's
5 visitation with family. A draft under this subsection must be
6 provided with sufficient time to allow the family advisory board to
7 provide comments on the draft to the department.
8 Sec. 52. The following procedures shall apply to each prisoner
9 hearing conducted pursuant to under section 51(2):
10 (a) The parties shall must be given an opportunity for an
11 evidentiary hearing without undue delay. If a prisoner is denied
12 access to a video of a visit under subdivision (h) and the
13 legislative corrections ombudsman is provided access to the video
14 as described under section 68a, the evidentiary hearing regarding
15 the prisoner's visitation must not take place until the legislative
16 corrections ombudsman has sufficient time to review the video of
17 the visit.
18 (b) The parties shall be given reasonable notice of the
19 hearing.
20 (c) If a party fails to appear at a hearing after proper
21 service of notice, the hearings officer, if an adjournment is not
22 granted, may proceed with the hearing and make a decision in the
23 absence of the party.
24 (d) Each party shall must be given an opportunity to present
25 evidence and oral and written arguments on issues of fact.
26 (e) A prisoner may not cross-examine a witness, but may submit
27 rebuttal evidence. A prisoner may also submit written questions to
28 the hearings officer to be asked of a witness or witnesses. The
29 hearings officer may present these questions to and receive answers
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1 from the witness or witnesses. The questions presented and the
2 evidence received in response to these questions shall become are a
3 part of the record. A hearings officer may refuse to present the
4 prisoner's questions to the witness or witnesses. If the hearings
5 officer does not present the questions to the witness or witnesses,
6 the reason for the decision not to present the questions shall must
7 be entered into the record.
8 (f) The hearings officer may administer an oath or affirmation
9 to a witness in a matter before the officer, certify to official
10 acts, and take depositions.
11 (g) The hearings officer may admit and give probative effect
12 to evidence of a type commonly relied upon by reasonably prudent
13 persons in the conduct of their affairs. Irrelevant, immaterial, or
14 unduly repetitious evidence may be excluded. The reason for the
15 exclusion of the evidence shall must be entered into the record. An
16 objection to an offer of evidence may be made and shall must be
17 noted in the record. The hearings officer, for the purpose of
18 expediting a hearing and if the interest of the parties are not
19 substantially prejudiced by the action, may provide for the
20 submission of all or part of the evidence in written form.
21 (h) Evidence, including records and documents in possession of
22 the department of which that the hearings officer wishes to avail
23 himself or herself, shall include must be offered and made a part
24 of the record. If a hearing is conducted as a result of a visitor
25 restriction and if the visitor restriction is due to a specific
26 visit, the prisoner must be provided access to the video of the
27 visit as provided under section 68a. A hearings officer may deny
28 access to the evidence to a party if the hearings officer
29 determines that access may be dangerous to a witness or disruptive
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1 of normal prison operations. The reason for the denial shall must
2 be entered into the record and, if the evidence is a video of a
3 visit, must be provided to the prisoner in writing before the
4 hearing.
5 (i) The hearings conducted under this chapter shall must be
6 conducted in an impartial manner. On the filing in good faith by a
7 party of a timely and sufficient affidavit of personal bias or
8 disqualification of a hearings officer, the department shall
9 determine the matter as a part of the record of the hearing, and
10 the determination shall be is subject to judicial review at the
11 conclusion of the hearing. If a hearings officer is disqualified or
12 it is impracticable for the hearings officer to continue the
13 hearing, another hearings officer may be assigned to continue the
14 hearing unless it is shown that substantial prejudice to a party
15 will result from the continuation.
16 (j) Except as otherwise authorized by subdivision (e), a
17 hearings officer, after the notice of the hearing is given, shall
18 not communicate, directly or indirectly, in connection with an
19 issue of fact, with a person or party, except on notice and
20 opportunity for all parties to participate. A hearings officer may
21 communicate with other members of the department and may have the
22 aid and advice of department employees other than employees which
23 who have been or are engaged in investigating or prosecuting
24 functions in connection with the hearing or a factually related
25 matter which that may be the subject of a hearing.
26 (k) A Except as otherwise provided under this subdivision, a
27 final decision or order of a hearings officer in a hearing shall
28 must be made , within a reasonable period, not more than 7 days
29 after the hearing, must be in writing or stated in the record, and
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1 shall must include findings of fact, and shall must state any
2 sanction to be imposed against a prisoner as a direct result of a
3 hearing conducted under this chapter. A final decision or order may
4 be made more than 7 days but not more than 14 days after the
5 hearing if the hearings officer determines that more information or
6 a review of a video is necessary to make the final decision or
7 order. The final decision shall must be made on the basis of a
8 preponderance of the evidence presented. Findings of fact shall
9 must be based exclusively on the evidence and on matters officially
10 noticed. Findings of fact, if set forth in statutory language,
11 shall must be accompanied by a concise and explicit statement of
12 the underlying facts supporting them. A decision or order shall
13 must not be made except upon on the consideration of the record as
14 a whole or a portion of the record as may be cited by a party to
15 the proceeding and as supported by and pursuant to competent,
16 material, and substantial evidence. A copy of the decision or order
17 shall must be delivered or mailed immediately to the prisoner. The
18 final disposition shall must be posted for the information of the
19 reporting officer.
20 Sec. 53. (1) The department shall prepare an official record
21 of a hearing which shall that must include:
22 (a) Questions and offers of proof, objections, and rulings on
23 the objections.
24 (b) Matters officially noticed, except a matter so obvious
25 that a record would not serve a useful purpose.
26 (c) A decision or order by the hearings officer.
27 (2) The official record shall must not include evidence,
28 access to which a hearings officer has determined would be
29 disruptive of normal prison operations. However, on an appeal from
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1 a final decision made to a court of this state, that evidence shall
2 must be included in the official record.
3 (3) If a hearing is conducted as a result of a visitor
4 restriction under section 68a(3)(d) and if the hearings officer
5 determines an event described under section 68a(3)(c) did not
6 occur, the decision or order must require the department to
7 initiate an additional visit for the prisoner to replace the visit
8 that was terminated under section 68a(3)(d).
9 Sec. 68a. (1) Except as otherwise provided in subsection (2),
10 a prisoner may be permitted to receive visits from a minor brother,
11 sister, stepbrother, stepsister, half brother, or half sister if
12 that minor is on the prisoner's approved visitor list.this act, the
13 department shall permit a prisoner to receive visits from an
14 eligible visitor.
15 (2) On a prisoner's request, the department shall place an
16 individual on the prisoner's approved visitor list unless the
17 department finds that a visit by the individual is a safety and
18 security risk to the correctional facility. An individual who was
19 convicted of a criminal offense may be placed on an approved
20 visitor list if more than 5 years have passed since the individual
21 has successfully completed the sentence for the criminal offense,
22 including any probation or parole.
23 (3) (2) Notwithstanding subsection (1), the The department may
24 do any of the following in placing a limit on a prisoner receiving
25 a visit:
26 (a) Place Subject to this section, place limits on visiting
27 hours, establish reasonable rules of conduct, and establish uniform
28 quotas at each institution correctional facility for visits to
29 prisoners to promote order and security in the institutions each
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1 correctional facility and to prevent interference with
2 institutional routine or disruption of a prisoner's programming.
3 (b) Establish requirements for who must accompany the a minor
4 on the a visit with a prisoner.
5 (c) Deny, Subject to this section, deny or restrict, or
6 terminate visits as determined for not more than 1 year, a prisoner
7 from receiving in-person visits or a specified visitor from
8 visiting a prisoner, if the denial or restriction is necessary by
9 the department for the order safety and security of the
10 institution.correctional facility as evidenced by the occurrence of
11 1 or more of the following events:
12 (i) The specified visitor conspired or attempted to bring, or
13 brought, contraband into the correctional facility.
14 (ii) The prisoner or the specified visitor engaged in sexual
15 activity during a visit.
16 (iii) The prisoner engaged in qualified violence during a visit.
17 (iv) The specified visitor engaged in qualified violence during
18 a visit or during the visitation screening process.
19 (v) The prisoner or specified visitor had contraband in the
20 prisoner's or specified visitor's possession during a visit.
21 (vi) The prisoner attempted an escape from confinement.
22 (vii) The specified visitor attempted to assist or assisted
23 with an escape of a prisoner from confinement.
24 (d) Subject to subsection (8), terminate a visit if necessary
25 for the safety and security of the correctional facility due to the
26 suspected occurrence of an event listed under subdivision (c). If a
27 visit is terminated under this subdivision and it is later
28 determined an event listed under subdivision (c) did not occur, the
29 department shall initiate an additional visit as provided under
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1 section 53 and the eligible visitor must be permitted the
2 additional visit.
3 (e) Deny the use of electronic communication for a visit with
4 a prisoner and an eligible visitor due to technology failure, but
5 only if the denied visit does not count for determining the number
6 of visits the prisoner may receive and any money is refunded in the
7 same manner as described in subsection (7)(b).
8 (f) Require no more than 3 days' advance notice to schedule an
9 in-person visit with a prisoner.
10 (4) The department shall not promulgate or enforce a rule that
11 provides a process to permanently prohibit a prisoner from
12 receiving visits from eligible visitors. The department shall
13 identify any prisoner who had a restriction or denial of visitation
14 placed before the effective date of the amendatory act that added
15 this subsection and may only continue a restriction or denial of
16 visitation that complies with this section. The department shall
17 not restrict or deny a prisoner from receiving a visit from an
18 eligible visitor due to a managerial or staffing decision.
19 (5) The department shall enforce a visitation policy that
20 promotes a prisoner's interaction with eligible visitors, that is
21 consistent with the family reunification policy developed under
22 section 14a, and that allows for regular communication by in-person
23 visitation, telephone calls, and video, digital, and mail
24 communication between the prisoner and eligible visito