LIFE IMPRISON. FOR MINOR; PROHIBIT S.B. 119-123:
SUMMARY OF INTRODUCED BILL
IN COMMITTEE
Senate Bill 119 through 123 (as introduced 3-1-23)
Sponsor: Senator Jeff Irwin (S.B. 119)
Senator Sue Shink (S.B. 120)
Senator Mary Cavanagh (S.B. 121)
Senator Erika Geiss (S.B. 122)
Senator Sylvia Santana (S.B. 123)
Committee: Civil Rights, Judiciary, and Public Safety
Date Completed: 4-19-23
INTRODUCTION
Taken together, the bills would prohibit a court from sentencing an individual who was less
than 19 years old when a crime was committed to imprisonment for life without parole
eligibility. The bills would modify numerous penalties prescribed in the Corrections Code, the
Probate Code, the Penal Code, and the Public Health Code to reflect this prohibition. In
addition, the bills would make eligible for parole an individual who was less than 19 years old
when a crime was committed for which the individual was sentenced to life imprisonment
without parole eligibility and who had served 10 years of the sentence. The bills are tie-barred.
FISCAL IMPACT
The bills would codify sentencing changes that are already required under two 2022 State
Supreme Court decisions, People v. Parks, 508 Mich 940 (2021) and People v. Stovall, 507
Mich 938 (2021) (see BACKGROUND). These decisions create a direct cost to the State as
they will require an additional 350 resentencing hearings for individuals sentenced to life
imprisonment for offenses committed under the age of 19, according to the State Appellate
Defender Office (SADO). The Office has already calculated a preliminary cost and made an
FY 2023-24 ongoing budget request for an additional $1.6 million and 8 FTEs to address at
least half of the resentencing hearings that will be required by the Michigan Supreme Court
decisions. This budget request is currently under consideration in the Senate and House
appropriations committees.
Conversely, there is an indirect savings to the State when resentencing hearings occur,
specifically because juvenile lifer resentencing hearings most always result in a reduced
sentence than that of life or life without the possibility of parole. Resentencing hearings
required under the U.S. Supreme Court decision in Montgomery v. Louisiana have been heard
in state trial courts since 2016. The Office has represented 193 of the 364 juvenile lifers that
were required to be resentenced under Montgomery. In all but 8 of those cases, SADO’s
representation has resulted in a reduced (term of years) sentence or a release from prison
via parole or discharge from Michigan Department of Corrections' custody. The cumulative
total of reduced sentences and cost is estimated at nearly 1,900 years and over $69.1 million.
The bills would require a similar resentencing process to that which was required under
Montgomery; likewise, a similar up-front cost and indirect savings also would be expected.
MCL 769.1 et al. (S.B. 119); 791.234 (S.B. 120); Legislative Analyst: Tyler P. VanHuyse
712A.18 (S.B. 121); 333.17764 (S.B. 122); Fiscal Analyst: Joe Carrasco, Jr.
750.16 et al. (S.B. 123) Michael Siracuse
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CONTENT
Senate Bill 119 would amend the Code of Criminal Procedure to prohibit a court from
sentencing an individual who was less than 19 years old when a crime was
committed to imprisonment for life without parole eligibility.
Senate Bill 120 would amend Chapter III (Bureau of Pardons and Paroles; Parole
Board) of the Corrections Code to make eligible for parole an individual who was
less than 19 years old at the time the individual committed a crime for which the
individual was sentenced to life imprisonment without parole eligibility and who had
served 10 years of the sentence.
Senate Bill 121 would amend Chapter XIIA (Jurisdiction, Procedure, and Disposition
Involving Minors) of the Probate Code to prohibit a court from imposing a sentence
of imprisonment for life without parole eligibility on a juvenile tried and convicted
as an adult.
Senate Bill 122 would amend Part 177 (Pharmacy Practice and Drug Control) of the
Public Health Code to prescribe a felony penalty punishable by between 10 and 60
years' imprisonment to a person who was less than 19 years old and who knowingly
or recklessly adulterated or misbranded a drug or device with specific intentions
that resulted in death.
Senate Bill 123 would amend the Penal Code to do the following:
-- Prohibit an individual who was less than 19 years old at the time the individual
committed a crime from being sentenced to imprisonment for life without parole
eligibility for that crime.
-- Modify penalties for specified violations to reflect the bill's prohibition.
The bills are tie-barred, and each bill would take effect 90 days after its enactment.
Senate Bill 119
The Code of Criminal Procedure allows a judge to pronounce judgement against a person
convicted of an offense and to impose a sentence on the person for a duration of time that
may not exceed the sentence prescribed by law. The Code requires a judge to conduct a
hearing at a juvenile's sentencing to determine if the best interests of the public would be
served by placing the juvenile on probation and committing the juvenile to an institution
described in the Youth Rehabilitation Services Act.
The Code requires the court to sentence a juvenile convicted of specified offenses in the same
manner as an adult, such as an offense for first degree arson or assault with the intent to
murder. The Code also requires the court to conduct a final review of the juvenile's probation
and commitment to an institution within three months before the end of the period that the
juvenile is on probation. If the court determines at the review that the best interests of the
public would be served by imposing any other sentence provided by law for an adult offender,
the court could impose the sentence. These provisions would be subject to the provision
below.
Under the bill, a court could not sentence an individual who was less than 19 years old when
the crime was committed to imprisonment for life without parole eligibility.
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 Senate Bill 120
Generally, Chapter III of the Corrections Code governs parole for prisoners in the State. It
specifies the responsibilities and duties of the Parole Board and establishes guidelines that
the Board must follow when considering granting a prisoner parole.
Under Chapter III, except as otherwise provided, a prisoner that meets one of the following
circumstances is subject to the jurisdiction of the Board (eligible for parole) when the prisoner
has served a period equal to the minimum sentence imposed by the court for the crime of
which the prisoner was convicted:
-- 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.
-- 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.
-- A prisoner sentenced for consecutive terms, other than a prisoner subject to disciplinary
terms, that has served the total time of the added minimum terms.
-- A prisoner subject to disciplinary time and sentence for consecutive terms that has served
the total time of the added minimum terms.
Chapter III specifies that a prisoner sentenced to imprisonment for life for specified violations
is not eligible for parole. These violations include first degree murder, the adulteration of a
drug with the intent to kill, and a violation of Chapter XXXIII (Explosives and Bombs, and
Harmful Devices) of the Penal Code, among others. Chapter III also specifies that a prisoner
sentenced to imprisonment for life, other than one described above, is subject to the
jurisdiction of the parole board and may be placed on parole according to the specified
conditions if the prisoner meets any of the following criteria:
-- Except as provided below, 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.
-- The prisoner has served 20 calendar years of a sentence for violating, or attempting or
conspiring to violate, prohibitions concerning the manufacturing or deliver of controlled
substances under the Public Health Code, and has another conviction for a serious crime.
-- The prisoner has served 17-1/2 calendar years of the sentence for violating, or attempting
or conspiring to violate, the prohibition of the Public Health Code described above, and
does not have another conviction for a serious crime.
Chapter III requires the Board to provide notice to the prosecuting attorney of the county in
which the prisoner was convicted before granting parole.
All the provisions described above would not apply to the bill's provision described below.
Under the bill, notwithstanding any provision to the contrary, an individual who was less than
19 years old at the time the individual committed a crime for which the individual was
sentenced to life imprisonment without parole eligibility or to a term of years for a violation
of specified sections of the Penal Code and the Public Health Code described in detail below,
who had served 10 years of the sentence would be subject to the jurisdiction of the Board
and could be released on parole by the Board. In determining whether to release an individual
on parole under the bill, the Board would have to consider all the following factors:
-- The individual's age and immaturity at the time of the offense.
-- The individual's family and home environment at the time of the offense.
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-- The circumstances surrounding the offense, including the role the individual had in
commissioning the offense and the influence of peer pressure.
The bill's provision above would pertain to violations of the following sections of the Penal
Code and the Public Health Code:
-- Section 16 of the Penal Code, which prohibits the knowing or reckless adulteration of
drugs or medicine.
-- Section 18 of the Penal Code, which prohibits the knowing or reckless mixing of drugs or
medicine.
-- Section 200i of the Penal Code, which prohibits the use of a harmful biological, chemical,
radioactive, or electric substance or device.
-- Section 204 of the Penal Code, which prohibits the sending or delivery of an explosive
substance with malicious intent.
-- Section 207 of the Penal Code, which prohibits the placement of an explosive substance
in or near any property with malicious intent.
-- Section 209 of the Penal Code, which prohibits the placement of offensive or injurious
substances in or near property with intent to wrongfully injure or coerce someone.
-- Section 210 of the Penal Code, which prohibits the possession of a substance that when
combined with another substance will become explosive or combustible.
-- Section 211a of the Penal Code, which prohibits a person from possessing a Molotov
cocktail or similar device that is designed to explode.
-- Section 316 of the Penal Code, which prescribes felony charges punishable by life
imprisonment without parole eligibility for certain instances of first-degree murder.
-- Section 436 of the Penal Code, which prohibits a person from willfully poisoning someone.
-- Section 534f of the Penal Code, which prohibits a person from committing an act of
terrorism.
-- Section 17764 of the Public Health Code, which prohibits specified activity related to the
adulteration of drugs and devices.
(All of the sections described above prescribe felony penalties punishable by life imprisonment
without eligibility for parole for specific, significant violations of their prohibitions. The detailed
summary below of Senate Bill 122 describes the exact violations for which these sections
prescribe the felony penalties punishable by life imprisonment without eligibility for parole.)
Senate Bill 121
Generally, Chapter XIIA of the Probate Code grants the family division of a circuit court (the
court) authority and jurisdiction over proceedings concerning a juvenile under 18 years old
who is found within the county and who violates any law of the State.
Under the Chapter XIIA, the court may enter specified orders of disposition that are
appropriate for the welfare of the juvenile and society in view of the facts proven and
ascertained. Among other orders, if a court tried and convicted a juvenile as an adult, the
court could impose any sentence upon the juvenile that could be imposed on an adult
convicted of the same offense. Under the bill, the court could not impose a sentence of
imprisonment for life without parole eligibility.
Senate Bill 122
The Public Health Code prohibits a person knowingly or recklessly doing either of the following:
-- Adulterating, misbranding, removing, or substituting a drug or device knowing or
intending that the drug or device be used.
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-- Selling, offering for sale, possessing for sale, causing to be sold, or manufacturing for sale
an adulterated or misbranded drug.
The Code prescribes a felony punishable by imprisonment for life without the possibility of
parole and a fine of $40,000 if a person who violates one of the prohibitions did so with the
intent to kill or to cause serious impairment of a body function of two or more individuals and
the violation results in death. Under the bill, if a person who violated one of the prohibitions
in a manner as described above was less than 19 years old at the time of the violation, the
person would be guilty of a felony punishable by imprisonment with a minimum term of 10
years and a maximum term of 60 years and a fine of $40,000.
Senate Bill 123
Generally, the Penal Code defines crimes and prescribes the associated penalties. The Code
specifies that the penalties described below do not apply as provided in Sections 25 and 25a
of the Code of Criminal Procedure. The bill would delete these exemptions. Instead, under the
bill, if any violation described below were committed by a person who was less than 19 years
old at the time of the violation, the person would be guilty of a felony punishable by
imprisonment between 10 and 60 years and a fine of up to $40,000.
(Generally, Sections 25 of the Code of Criminal Procedure specifies circumstances under which
a prosecuting attorney may file a motion to sentence a defendant who was a minor at the
time he or she committed the offense to life without the possibility of parole. The
circumstances require the defendant to be convicted of any of specified offenses on or after
March 5, 2014, the date that Sections 25 and 25a took effect. The specified offenses include
a violation of sections of the Public Health Code and Penal Code described below.
Section 25a specifies that, if the State Supreme Court or United States Supreme Court finds
that the decision in Miller v. Alabama (see BACKGROUND) applies retroactively, then the
judge who sentenced a minor defendant to life imprisonment without possibility of parole
must determine whether that sentence should stand.)
Chapter IV (Adultering or Misbranding) of the Penal Code prescribes a felony punishable by
imprisonment for life without the possibility of parole for a person that knowingly or recklessly
commits the following with the intent to kill or cause serious impairment of a body function
of two or more individuals that results in death:
-- Adulteration, misbranding, removal, or substitution of a drug or medicine.
-- The sale, offer for sale, possession for sale, the cause to be sold, or the manufacturing for
sale of an adulterated or misbranded drug.
Chapter IV also prescribes a felony punishable by imprisonment for life without the possibility
of parole for a person who commits the following with the intent to kill or to cause serious
impairment of a body function of two or more individuals that results in death:
-- Except for the purpose of compounding in the necessary preparation of medicine,
knowingly or recklessly mixing, coloring, staining, powdering a drug or medicine with an
ingredient or material to injuriously affect the quality or potency of the drug or medicine.
-- Selling, offering for sale, possessing for sale, causing to be sold, or manufacturing for sale
a drug or medicine mixed, colored, stained, or powdered in the manner described above.
Chapter XXXIII of the Code prescribes a felony punishable by imprisonment for life without
the possibility for parole for a person who manufactures, delivers, possesses, transports,
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places, uses, or releases any of the following and the action results in the death of another
individual:
-- A harmful biological substance or device.
-- A harmful chemical substance or device.
-- A harmful radioactive material or device.
-- A harmful electronic or electromagnetic device.
Chapter XXXIII also prescribes a felony punishable by imprisonment for life without the
possibility for parole for a person who does either of the following, and that action causes the
death of another individual:
-- Possesses a Molotov cocktail or any similar device.
-- Possesses any device designed to explode or that will explode upon impact or with the
application of heat or a flame or that is highly incendiary, with the general intent to
intimidate or kill any person or with the intent to damage or destroy property without
permission.
In addition, Chapter XXXIII prescribes a felony punishable by imprisonment for life without
the possibility for pa