Bill Summary – FastDemocracy

HOUSE BILL NO. 4470
     April 25, 2023, Introduced by Reps. O'Neal, Hoskins, Hood, Wilson, Wegela, Brabec, Byrnes,
       Dievendorf, Rheingans, Edwards, Brenda Carter, Glanville, Tyrone Carter, Liberati, Andrews,
       Young, Neeley, MacDonell, Price, Hill, McKinney, Thompson, Brixie, Rogers, VanderWall
       and Aiyash and referred to the Committee on Criminal Justice.
          A bill to amend 1893 PA 118, entitled
    "An act to revise and consolidate the laws relative to state
    prisons, to state houses of correction, and branches of state
    prisons and reformatories, and the government and discipline
    thereof and to repeal all acts inconsistent therewith,"
    by amending section 33 (MCL 800.33), as amended by 1999 PA 148; and
    to repeal acts and parts of acts.
                     THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
       Sec. 33. (1) A record of all major misconduct charges for
 which a prisoner has been found guilty shall must be maintained and
 given to the parole board as part of the parole eligibility report
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 prepared for each prisoner pursuant to under section 35 of the
 corrections code of 1953, 1953 PA 232, MCL 791.235.
       (2) Except as otherwise provided in this section, a prisoner
 who is serving a sentence for a crime committed before April 1,
 1987, and who has not been found guilty of a major misconduct or
 had a violation of the laws of this state recorded against him or
 her shall in a calendar month must receive a reduction from his or
 her sentence as follows:good time credit for that month equal to
 the number of days in that month.
       (a) During the first and second years of his or her sentence,
 5 days for each month.
       (b) During the third and fourth years, 6 days for each month.
       (c) During the fifth and sixth years, 7 days for each month.
       (d) During the seventh, eighth, and ninth years, 9 days for
 each month.
       (e) During the tenth, eleventh, twelfth, thirteenth, and
 fourteenth years, 10 days for each month.
       (f) During the fifteenth, sixteenth, seventeenth, eighteenth,
 and nineteenth years, 12 days for each month.
       (g) From and including the twentieth year, up to and including
 the period fixed for the expiration of the sentence, 15 days for
 each month.
       (3) Except as provided in section 34, all prisoners serving a
 sentence for a crime that was committed on or after April 1, 1987
 are eligible to earn disciplinary and special disciplinary credits
 as provided in subsection (5). Disciplinary credits shall be
 earned, forfeited, and restored as provided in this section.
 Accumulated disciplinary credits shall Subject to subsection (7),
 good time received under subsection (2) must be deducted from a
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 prisoner's minimum and maximum sentence in order to determine his
 or her the prisoner's parole eligibility date and discharge date.
       (4) This section shall must not be construed to allow good
 time , disciplinary credits, or special disciplinary credits credit
 in cases of commuted sentences unless so stipulated in the
 executive order commuting the sentence.
       (5) Except as provided in section 34, all prisoners serving a
 sentence on December 30, 1982, or incarcerated after December 30,
 1982, for the conviction of a crime enumerated in section 33b(a) to
 (cc) of 1953 PA 232, MCL 791.233b, are eligible to earn a
 disciplinary credit of 5 days per month for each month served after
 December 30, 1982. Accumulated disciplinary credits shall be
 deducted from a prisoner's minimum and maximum sentence in order to
 determine his or her parole eligibility dates.
       A prisoner shall not earn disciplinary credits under this
 subsection during any month in which the prisoner is found guilty
 of having committed a major misconduct. The amount of disciplinary
 credits not earned as a result of being found guilty of a major
 misconduct shall be limited to the disciplinary credits that would
 have been earned for the month in which the major misconduct
 occurred. Any disciplinary credits not earned as a result of the
 prisoner being found guilty of a major misconduct shall never be
 earned or restored. The warden may order that a prisoner found
 guilty of a major misconduct, including but not limited to charges
 of rioting, inciting to riot, escape, homicide, or assault and
 battery, forfeit all or a portion of the disciplinary credits
 accumulated prior to the month in which the misconduct occurred. An
 order forfeiting accumulated disciplinary credits shall be based
 upon a review of the prisoner's institutional record.
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       The disciplinary credit committee, which is comprised of the
 prisoner's resident unit manager, custody officers in the resident
 unit with direct supervisory responsibilities over the prisoner,
 and the appropriate work or school assignment supervisor, shall be
 a part of the reclassification process and shall review, at least
 annually, the status of each prisoner in the housing unit who has
 forfeited disciplinary credits. The committee may recommend to the
 warden whether any forfeited disciplinary credits should be
 restored to the prisoner.
       In addition to disciplinary credits, a prisoner eligible for
 disciplinary credits under this subsection may be awarded 2 days
 per month special disciplinary credits for good institutional
 conduct on the recommendation of the disciplinary credit committee
 and the concurrence of the warden based on an annual review of the
 prisoner's institutional record. Special disciplinary credits shall
 not be awarded for any month in which a prisoner has been found
 guilty of a major misconduct.
       The department of corrections shall promulgate rules pursuant
 to the administrative procedures act of 1969, 1969 PA 306, MCL
 24.201 to 24.328, necessary to implement this subsection not more
 than 180 days after December 30, 1982.
       (5) (6) On and after April 1, 1987, a A prisoner shall must
 not earn good time under this section during any month in which the
 prisoner is found guilty of having committed a major misconduct.
 The amount of good time not earned as a result of being found
 guilty of a major misconduct shall must be limited to the amount of
 good time that would have been earned during the month in which the
 major misconduct occurred. Any good time not earned as a result of
 the prisoner being found guilty of a major misconduct shall must
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 never be earned or restored. A prisoner must be granted good time
 credit under subsection (2) unless the prisoner's record under
 subsection (1) indicates the prisoner was found guilty of a major
 misconduct in that month.
       (7) The department of corrections shall promulgate rules
 pursuant to the administrative procedures act of 1969, 1969 PA 306,
 MCL 24.201 to 24.328, prescribing how much of his or her
 accumulated good time or accumulated disciplinary credits the
 prisoner may forfeit if found guilty of 1 or more major
 misconducts.
       (8) The warden may order that a prisoner found guilty of a
 major misconduct forfeit all or a portion of the good time
 accumulated prior to the month in which the misconduct occurred.
       (9) The good time committee, which is comprised of the
 prisoner's resident unit manager, custody officer in the resident
 unit with direct supervisory responsibility over the prisoner, and
 the appropriate work or school assignment supervisor, shall be part
 of the reclassification process. The good time committee shall
 recommend to the warden the amount of special good time to be
 awarded and the restoration of any accumulated good time that has
 been forfeited.
       (10) The warden, as a reward for good conduct, may restore to
 a prisoner the whole or any portion of the good time or
 disciplinary credits forfeited because of a finding of guilty for a
 major misconduct. However, forfeited good time or disciplinary
 credits shall not be restored without the recommendation of the
 disciplinary credit committee or good time committee and the prior
 written approval of the deputy director in charge of the bureau of
 correctional facilities or the deputy director in charge of the
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 bureau of field services. Disciplinary credits or good time
 allowances that have not been earned because of institutional
 misconduct shall not be restored.
       (6) (11) A prisoner who has been sentenced concurrently for
 separate convictions shall must have his or her the prisoner's good
 time or disciplinary credits computed on the basis of the longest
 of the concurrent sentences. If a prisoner is serving consecutive
 sentences for separate convictions, his or her the prisoner's good
 time or disciplinary credits shall must be computed and accumulated
 on each sentence individually. and all good time or disciplinary
 credits that have been earned on any of the sentences shall be
 subject to forfeiture pursuant to subsections (5) and (8).
       (12) The warden of an institution may grant special good time
 allowances to eligible prisoners who are convicted of a crime that
 is committed before April 1, 1987. Special good time credit shall
 not exceed 50% of the good time allowances under the schedule in
 subsection (2). Special good time shall be awarded for good conduct
 only and shall not be awarded for any month in which a prisoner has
 been found guilty of a major misconduct.
       (13) The parole board shall be exclusively empowered to cause
 the forfeiture of good time or disciplinary credits earned by a
 prisoner at the time of a parole violation.
       (14) A prisoner subject to disciplinary time is not eligible
 for good time, special good time, disciplinary credits, or special
 disciplinary credits.
       (15) The court may order the reduction or forfeiture of 1 or
 more of the following credits pursuant to section 5513 of the
 revised judicature act of 1961, 1961 PA 236, MCL 600.5513:
       (a) Good time.
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       (b) Disciplinary.
       (c) Special disciplinary.
       (7) Subject to this subsection, the department of corrections
 shall recalculate the parole eligibility date and discharge date
 for each prisoner serving a sentence on the effective date of the
 amendatory act that added this subsection who is eligible for good
 time credits under subsection (2) as a result of the amendatory act
 that added this subsection. The parole eligibility date for a
 prisoner who earns good time credits under subsection (2) must not
 be recalculated to a date that is before the prisoner has served
 1/2 of the prisoner's minimum sentence.
       Enacting section 1. Sections 34 and 35 of 1893 PA 118, MCL
 800.34 and 800.35, are repealed.
       Enacting section 2. This amendatory act does not take effect
 unless Senate Bill No.____ or House Bill No.4468 (request no.
 00841'23 a) of the 102nd Legislature is enacted into law.
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Statutes affected: 
House Introduced Bill: 800.33