Bill Summary – FastDemocracy

SENATE BILL NO. 322
     May 03, 2023, Introduced by Senators WOJNO, IRWIN, BAYER, CHANG, POLEHANKI,
       GEISS and CAVANAGH 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 33e and 34 (MCL 791.233e and 791.234), section
    33e as amended by 2022 PA 28 and section 34 as amended by 2019 PA
    14, and by adding section 34e.
                     THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
       Sec. 33e. (1) The department shall develop parole guidelines
 that are consistent with section 33(1)(a) to for both of the
 following:
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       (a) To govern the exercise of the parole board's discretion
 under sections 34 and 35 as to the release of prisoners on parole
 under this act. The purpose of the parole guidelines is to must
 assist the parole board in making objective, evidence-based release
 decisions that enhance the public safety.
       (b) For use in a hearing under section 27c of chapter IX of
 the code of criminal procedure, 1927 PA 175, MCL 769.27c.
       (2) In developing the parole guidelines, the department shall
 consider factors including, but not limited to, the following:
       (a) The offense for which the prisoner is incarcerated at the
 time of parole consideration.
       (b) The prisoner's institutional program performance.
       (c) The prisoner's institutional conduct.
       (d) The prisoner's prior criminal record. As used in this
 subdivision, "prior criminal record" means the recorded criminal
 history of a prisoner, including all misdemeanor and felony
 convictions, probation violations, juvenile adjudications for acts
 that would have been crimes if committed by an adult, parole
 failures, and delayed sentences.
       (e) Other relevant factors as determined by the department, if
 not otherwise prohibited by law.
       (3) In developing the parole guidelines, the department may
 consider both of the following factors:
       (a) The prisoner's statistical risk screening.
       (b) The prisoner's age.
       (4) The department shall ensure that the parole guidelines do
 not create disparities in release decisions based on race, color,
 national origin, gender, religion, or disability.
       (5) The department shall promulgate rules under the
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 administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
 24.328, that prescribe the parole guidelines.
       (6) The parole board may depart from the parole guidelines by
 denying parole to a prisoner who has a high probability of parole
 as determined under the parole guidelines or by granting parole to
 a prisoner who has a low probability of parole as determined under
 the parole guidelines. A departure under this subsection must be
 for substantial and compelling objective reasons stated in writing.
 The parole board shall not use a prisoner's gender, race,
 ethnicity, alienage, national origin, or religion to depart from
 the recommended parole guidelines.
       (7) Substantial and compelling objective reasons for a
 departure from the parole guidelines for a prisoner with high
 probability of parole are limited to the following circumstances:
       (a) The prisoner exhibits a pattern of ongoing behavior while
 incarcerated indicating that he or she the prisoner would be a
 substantial risk to public safety, including major misconducts or
 additional criminal convictions.
       (b) The prisoner refuses to participate in programming ordered
 by the department to reduce the prisoner's risk. A prisoner may not
 be considered to have refused programming if unable to complete
 programming due to factors beyond his or her the prisoner's
 control.
       (c) There is verified objective evidence of substantial harm
 to a victim that could not have been available for consideration at
 the time of sentencing.
       (d) The prisoner has threatened harm to another person if
 released.
       (e) There is objective evidence of post-sentencing conduct,
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 not already scored under the parole guidelines, that the prisoner
 would present a high risk to public safety if paroled.
       (f) The prisoner is a suspect in an unsolved criminal case
 that is being actively investigated.
       (g) The prisoner has a pending felony charge or is subject to
 a detainer request from another jurisdiction.
       (h) The prisoner has not yet completed programming ordered by
 the department to reduce the prisoner's risk, and the programming
 is not available in the community and the risk cannot be adequately
 managed in the community before completion.
       (i) The release of the prisoner is otherwise barred by law.
       (j) The prisoner fails to present a sufficient parole plan
 adequately addressing his or her the prisoner's identified risks
 and needs to ensure that he or she the prisoner will not present a
 risk to public safety if released on parole. If a prisoner is
 denied parole under this subdivision, the parole board must provide
 the prisoner a detailed explanation of the deficiencies in the
 parole plan so that the prisoner may address the deficiencies
 before his or her the prisoner's next review.
       (k) The prisoner has received a psychological evaluation in
 the past 3 years indicating the prisoner would present a high risk
 to public safety if paroled.
       (8) The parole board may deny parole for up to 1 year to a
 prisoner who was denied parole under subsection (7)(h) to allow for
 the completion of programming ordered by the department. A prisoner
 denied parole under subsection (7)(h) must receive parole
 consideration within 30 days after the completion of the
 programming.
       (9) Unless a waiver is issued under subsection (10), the
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 parole board shall conduct a review of a prisoner, except for a
 prisoner serving a life sentence, who has been denied parole as
 follows:
       (a) If the prisoner scored high or average probability of
 parole, not less than annually.
       (b) If the prisoner scored low probability of parole, not less
 than every 2 years until a score of high or average probability of
 parole is attained.
       (10) The parole board may conduct a subsequent review of a
 prisoner, except for a prisoner serving a life sentence, not more
 than 5 years after the review denying the prisoner parole, if a
 majority of the parole board agrees to and signs a written
 recommendation to waive the requirements under subsection (9). A
 waiver under this subsection may be issued only if a majority of
 the parole board finds and includes a statement in the waiver that
 all of the following apply:
       (a) The parole board had no interest in granting the prisoner
 parole in the review denying the prisoner parole.
       (b) The parole review requirements under subsection (9) would
 cause additional harm to a victim of a crime for which the prisoner
 was committed, or to the victim's surviving family members.
       (c) The harm described under subdivision (b) can be mitigated
 only by waiving the parole review process under subsection (9).
       (d) Unique circumstances and factors contributed to the
 decision to deny the prisoner parole and to waive the parole review
 process under subsection (9).
       (11) Not less than once every 2 years, the department shall
 review the correlation between the implementation of the parole
 guidelines and the recidivism rate of paroled prisoners, and shall
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 submit to the joint committee on administrative rules any proposed
 revisions to the administrative rules that the department considers
 appropriate after conducting the review.
         (12) By March 1 of each year, the department shall report to
 the standing committees of the senate and the house of
 representatives having jurisdiction of corrections issues all of
 the following information:
         (a) The number of prisoners who scored high probability of
 parole and were granted parole during the preceding calendar year.
         (b) The number of prisoners who scored high probability of
 parole and for whom parole was deferred to complete necessary
 programming during the preceding calendar year.
         (c) The number of prisoners who scored high probability of
 parole and were incarcerated at least 6 months past their first
 parole eligibility date as of December 31 of the preceding calendar
 year.
         (d) The number of prisoners who scored high probability of
 parole and were denied parole for a substantial and compelling
 objective reason, or substantial and compelling objective reasons,
 under subsection (7) during the preceding calendar year. This
 information must be provided with a breakdown of parole denials for
 each of the substantial and compelling objective reasons under
 subsection (7).
         (e) The number of prisoners who scored high probability of
 parole and were denied parole whose controlling offense is in each
 of the following groups:
         (i) Homicide.
         (ii) Sexual offense.
         (iii) An assaultive offense other than a homicide or sexual
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 offense.
         (iv) A nonassaultive offense.
         (v) A controlled substance offense.
         (f) Of the total number of prisoners subject to subsection (7)
 who scored high probability of parole and were denied parole, the
 number who have served the following amount of time after
 completing their minimum sentence:
         (i) Less than 1 year.
         (ii) One year or more but less than 2 years.
         (iii) Two years or more but less than 3 years.
         (iv) Three years or more but less than 4 years.
         (v) Four or more years.
         (g) The number of prisoners issued a waiver under subsection
 (10).
         (13) The department shall immediately advise the standing
 committees of the senate and house of representatives having
 jurisdiction of corrections issues of any changes made to the
 scoring of the parole guidelines after December 12, 2018, including
 a change in the number of points that define "high probability of
 parole".
         (14) Subsections (6), (7), and (8), as amended or added by
 2018 PA 339, apply only to prisoners whose controlling offense was
 committed on or after December 12, 2018. Subsections (7) and (8) do
 not apply to a prisoner serving a life sentence, regardless of the
 date of his or her the prisoner's controlling offense.
         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
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 subject to disciplinary time 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, 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
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 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. 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 Except as provided under sections 27a to 27h of chapter
 IX of the code of criminal procedure, 1927 PA 175, MCL 769.27c, 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 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
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 750.520b.
       (f) Any other violation for which parole eligibility is
 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
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 parole board shall interview the prisoner. The interview schedule
 prescribed in this subdivision applies to all prisoners to w