HOUSE BILL No. 4438 March 5, 1997, Introduced by Reps. DeHart, Schermesser, Goschka, Callahan, Kelly, Parks, Hanley, Hale, Varga, Scott and McBryde and referred to the Committee on Judiciary. A bill to amend 1953 PA 232, entitled "An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, com- mutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the super- vision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to prescribe pen- alties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts incon- sistent with the provisions of this act," by amending section 34 (MCL 791.234), as amended by 1994 PA 345. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 34. (1) Except as provided in section 34a, a prisoner 2 sentenced to an indeterminate sentence and confined in a state 00772'97 a TVD 2 1 correctional facility with a minimum in terms of years, other 2 than a prisoner subject to disciplinary time, is subject to the 3 jurisdiction of the parole board when the prisoner has served a 4 period of time equal to the minimum sentence imposed by the court 5 for the crime of which he or she was convicted, less good time 6 and disciplinary credits, if applicable. 7 (2) Except as provided in section 34a, a prisoner subject to 8 disciplinary time sentenced to an indeterminate sentence and con- 9 fined in a state correctional facility with a minimum in terms of 10 years is subject to the jurisdiction of the parole board when the 11 prisoner has served a period of time equal to the minimum sen- 12 tence imposed by the court for the crime of which he or she was 13 convicted, plus any disciplinary time accumulated pursuant to 14 section 34 ofAct No. 118 of the Public Acts of 1893, being sec-15tion 800.34 of the Michigan Compiled Laws1893 PA 118, MCL 16 800.34. 17 (3) If a prisoner, other than a prisoner subject to disci- 18 plinary time, is sentenced for consecutive terms, whether 19 received at the same time or at any time during the life of the 20 original sentence, the parole board has jurisdiction over the 21 prisoner for purposes of parole when the prisoner has served the 22 total time of the added minimum terms, less the good time and 23 disciplinary credits allowed by statute. The maximum terms of 24 the sentences shall be added to compute the new maximum term 25 under this subsection, and discharge shall be issued only after 26 the total of the maximum sentences has been served less good time 00772'97 a 3 1 and disciplinary credits, unless the prisoner is paroled and 2 discharged upon satisfactory completion of the parole. 3 (4) If a prisoner subject to disciplinary time is sentenced 4 for consecutive terms, whether received at the same time or at 5 any time during the life of the original sentence, the parole 6 board has jurisdiction over the prisoner for purposes of parole 7 when the prisoner has served the total time of the added minimum 8 terms, plus any disciplinary time. The maximum terms of the sen- 9 tences shall be added to compute the new maximum term under this 10 subsection, and discharge shall be issued only after the total of 11 the maximum sentences has been served, unless the prisoner is 12 paroled and discharged upon satisfactory completion of the 13 parole. 14 (5) If a prisoner, other than a prisoner subject to disci- 15 plinary time, has 1 or more consecutive terms remaining to serve 16 in addition to the term he or she is serving, the parole board 17 may terminate the sentence the prisoner is presently serving at 18 any time after the minimum term of the sentence has been served. 19 (6) A prisonerunder sentenceSENTENCED TO IMPRISONMENT 20 for life or for a term of years, other than a prisoner sentenced 21 TO IMPRISONMENT for life for murder in the first degree, SEN- 22 TENCED TO IMPRISONMENT FOR LIFE OR TO A MINIMUM TERM OF IMPRISON- 23 MENT FOR CARJACKING, or sentenced TO IMPRISONMENT for life or 24forTO a minimum term of imprisonment for a major controlled 25 substance offense, who has served 10 calendar years of the sen- 26 tence in the case of a prisoner sentenced for a crime committed 27 before October 1, 1992, or who has served 15 calendar years of 00772'97 a 4 1 the sentence in the case of a prisoner sentenced for a crime 2 committed on or after October 1, 1992, is subject to the juris- 3 diction of the parole board and may be released on parole by the 4 parole board, subject to the following conditions: 5 (a) One member of the parole board shall interview the pris- 6 oner at the conclusion of 10 calendar years of the sentence and 7 every 5 years thereafter untilsuch time asthe prisoner is 8 paroled, discharged, or deceased. The interview schedule pre- 9 scribed in this subdivision applies to all prisoners to whom this 10 subsection is applicable, whether sentenced before, on, or after 11 the effective date of the 1992 amendatory act that amended this 12 subdivision. 13 (b) A parole shall not be granted a prisoner so sentenced 14 until after a public hearing held in the manner prescribed for 15 pardons and commutations insectionsSECTION 44(2)(f) to (h) 16 and SECTION 45. Notice of the public hearing shall be given to 17 the sentencing judge, or the SENTENCING judge's successor in 18 office, and parole shall not be granted if the sentencing judge, 19 or the SENTENCING judge's successor in office, files written 20 objections tothegrantingofthe parole within 30 days of 21 receipt of the notice of hearing. The written objections shall 22 be made part of the prisoner's file. 23 (c) A parole granted under this subsection shall be for a 24 period of not less than 4 years and subject to the usual rules 25 pertaining to paroles granted by the parole board. A parole 26 ordered under this subsection is not valid until the transcript 27 of the record is filed with the attorney general whose 00772'97 a 5 1 certification of receipt of the transcript shall be returnable to 2 the office of the parole board within 5 days. Except for medical 3 records protected under section 2157 of the revised judicature 4 act of 1961,Act No. 236 of the Public Acts of 1961, being sec-5tion 600.2157 of the Michigan Compiled Laws1961 PA 236, MCL 6 600.2157, the file of a prisoner granted a parole under this sub- 7 section is a public record. 8 (d) A parole shall not be granted under this subsection in 9 the case of a prisoner who is otherwise prohibited by law from 10 parole consideration. In such cases the interview procedures in 11 section 44 shall be followed. 12 (7) Except as provided in section 34a, a prisoner's release 13 on parole is discretionary with the parole board. The action of 14 the parole board in granting or denying a parole is appealable by 15 the prisoner, the prosecutor of the county from which the pris- 16 oner was committed, or the victim of the crime for which the 17 prisoner was convicted. The appeal shall be to the circuit court 18 in the county from which the prisoner was committed, by leave of 19 the court. 20 (8) The provisions of this section regarding prisoners 21 subject to disciplinary time take effect beginning on the effec- 22 tive date ofAct No. 217 of the Public Acts of 19941994 PA 23 217, as prescribed in enacting section 2 of that amendatory act. 24 Enacting section 1. This amendatory act applies to prison- 25 ers sentenced on or after April 1, 1997. 26 Enacting section 2. This amendatory act takes effect April 27 1, 1997. 00772'97 a 6 1 Enacting section 3. This amendatory act does not take 2 effect unless Senate Bill No. _____ or House Bill No. _____ 3 (request no. 00772'97) of the 89th Legislature is enacted into 4 law. 00772'97 a Final page. TVD