HOUSE BILL No. 5411 December 4, 1997, Introduced by Rep. Goschka and referred to the Committee on Corrections. 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 1994 PA 218; and to repeal acts and parts of acts. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 33. (1) A record of all major misconduct charges for 2 which a prisoner has been found guilty shall be maintained.and3givenTHE RECORD SHALL BE MADE AVAILABLE to the parole board as 4 part of the parole eligibility report prepared foreachANY 5 prisoner ELIGIBLE FOR PAROLE pursuant to section 35 ofAct6No. 232 of the Public Acts of 1953, being section 791.235 of the7Michigan Compiled Laws1953 PA 232, MCL 791.235. 02647'97 b DRM 2 1 (2) Except as otherwise provided in this section, a prisoner 2 who is serving a sentence for a crime committed before April 1, 3 1987, and who has not been found guilty of a major misconduct or 4 had a violation of the laws of this state recorded against him or 5 her shall receive a reduction from his or her sentence as 6 follows: 7 (a) During the first and second years of his or her sen- 8 tence, 5 days for each month. 9 (b) During the third and fourth years, 6 days for each 10 month. 11 (c) During the fifth and sixth years, 7 days for each 12 month. 13 (d) During the seventh, eighth, and ninth years, 9 days for 14 each month. 15 (e) During the tenth, eleventh, twelfth, thirteenth, and 16 fourteenth years, 10 days for each month. 17 (f) During the fifteenth, sixteenth, seventeenth, eigh- 18 teenth, and nineteenth years, 12 days for each month. 19 (g) From and including the twentieth year, up to and includ- 20 ing the period fixed for the expiration of the sentence, 15 days 21 for each month. 22 (3)Except as provided in section 34, allALL prisoners 23 serving a sentence for a crime that was committedon or after24 DURING A PERIOD BEGINNING ON April 1, 1987 AND ENDING ON THE 25 EFFECTIVE DATE OF THE 1997 AMENDATORY ACT THAT AMENDED THIS 26 SECTION are eligible to earn disciplinary and special 27 disciplinary credits as provided in subsection (5). Disciplinary 02647'97 b 3 1 credits shall be earned, forfeited, and restored as provided in 2 this section. Accumulated disciplinary credits shall be deducted 3 from a prisoner's minimum and maximum sentence in order to deter- 4 mine his or her parole eligibility date and discharge date. 5 (4) This section shall not be construed to allow good time, 6 disciplinary credits, or special disciplinary credits in cases of 7 commuted sentences unless so stipulated in the executive order 8 commuting the sentence. 9 (5) Except as provided insection 34THIS SUBSECTION, all 10 prisoners serving a sentence on December 30, 1982, or incarcer- 11 ated after December 30, 1982, for the conviction of a crime enu- 12 merated in section 33b(a) to (cc) ofAct No. 232 of the Public13Acts of 1953, being section 791.233b of the Michigan Compiled14Laws1953 PA 232, MCL 791.233B, are eligible to earn a disci- 15 plinary credit of 5 days per month for each month served after 16 December 30, 1982. Accumulated disciplinary credits shall be 17 deducted from a prisoner's minimum and maximum sentence in order 18 to determine his or her parole eligibility dates. THIS SUBSEC- 19 TION DOES NOT APPLY TO A PRISONER INCARCERATED FOR THE CONVICTION 20 OF A CRIME COMMITTED AFTER THE EFFECTIVE DATE OF THE 1997 AMENDA- 21 TORY ACT THAT AMENDED THIS SECTION. 22 A prisoner shall not earn disciplinary credits under this 23 subsection during any month in which the prisoner is found guilty 24 of having committed a major misconduct. The amount of disci- 25 plinary credits not earned as a result of being found guilty of a 26 major misconduct shall be limited to the disciplinary credits 27 that would have been earned for the month in which the major 02647'97 b 4 1 misconduct occurred. Any disciplinary credits not earned as a 2 result of the prisoner being found guilty of a major misconduct 3 shall never be earned or restored. The warden may order that a 4 prisoner found guilty of a major misconduct, including but not 5 limited to charges of rioting, inciting to riot, escape, homi- 6 cide, or assault and battery, forfeit all or a portion of the 7 disciplinary credits accumulated prior to the month in which the 8 misconduct occurred. An order forfeiting accumulated disci- 9 plinary credits shall be based upon a review of the prisoner's 10 institutional record. 11 The disciplinary credit committee, which is comprised of the 12 prisoner's resident unit manager, custody officers in the resi- 13 dent unit with direct supervisory responsibilities over the pris- 14 oner, and the appropriate work or school assignment supervisor, 15 shall be a part of the reclassification process and shall review, 16 at least annually, the status of each prisoner in the housing 17 unit who has forfeited disciplinary credits. The committee may 18 recommend to the warden whether any forfeited disciplinary cred- 19 its should be restored to the prisoner. 20 In addition to disciplinary credits, a prisoner eligible for 21 disciplinary credits under this subsection may be awarded 2 days 22 per month special disciplinary credits for good institutional 23 conduct on the recommendation of the disciplinary credit commit- 24 tee and the concurrence of the warden based on an annual review 25 of the prisoner's institutional record. Special disciplinary 26 credits shall not be awarded for any month in which a prisoner 27 has been found guilty of a major misconduct. 02647'97 b 5 1 The department of corrections shall promulgate rules 2 pursuant to the administrative procedures act of 1969,Act3No. 306 of the Public Acts of 1969, being sections 24.201 to424.328 of the Michigan Compiled Laws1969 PA 306, MCL 24.201 TO 5 24.328, necessary to implement this subsection not more than 180 6 days after December 30, 1982. 7 (6) On and after April 1, 1987, a prisoner shall not earn 8 good time under this section during any month in which the pris- 9 oner is found guilty of having committed a major misconduct. The 10 amount of good time not earned as a result of being found guilty 11 of a major misconduct shall be limited to the amount of good time 12 that would have been earned during the month in which the major 13 misconduct occurred. Any good time not earned as a result of the 14 prisoner being found guilty of a major misconduct shall never be 15 earned or restored. 16 (7) The department of corrections shall promulgate rules 17 pursuant toAct No. 306 of the Public Acts of 1969THE ADMINIS- 18 TRATIVE PROCEDURES ACT OF 1969, 1969 PA 306, MCL 24.201 TO 19 24.328, prescribing how much of his or her accumulated good time 20 or accumulated disciplinary credits the prisoner may forfeit if 21 found guilty of 1 or more major misconducts. 22 (8) The warden may order that a prisoner found guilty of a 23 major misconduct forfeit all or a portion of the good time accu- 24 mulated prior to the month in which the misconduct occurred. 25 (9) The good time committee, which is comprised of the 26 prisoner's resident unit manager, custody officer in the resident 27 unit with direct supervisory responsibility over the prisoner, 02647'97 b 6 1 and the appropriate work or school assignment supervisor, shall 2 be part of the reclassification process. The good time committee 3 shall recommend to the warden the amount of special good time to 4 be awarded and the restoration of any accumulated good time that 5 has been forfeited. 6 (10) The warden, as a reward for good conduct, may restore 7 to a prisoner the whole or any portion of the good time or disci- 8 plinary credits forfeited because of a finding of guilty for a 9 major misconduct. However, forfeited good time or disciplinary 10 credits shall not be restored without the recommendation of the 11 disciplinary credit committee or good time committee and the 12 prior written approval of the deputy director in charge of the 13 bureau of correctional facilities or the deputy director in 14 charge of the bureau of field services. Disciplinary credits or 15 good time allowances that have not been earned because of insti- 16 tutional misconduct shall not be restored. 17 (11) A prisoner who has been sentenced concurrently for sep- 18 arate convictions shall have his or her good time or disciplinary 19 credits computed on the basis of the longest of the concurrent 20 sentences. If a prisoner is serving consecutive sentences for 21 separate convictions, his or her good time or disciplinary cred- 22 its shall be computed and accumulated on each sentence individu- 23 ally and all good time or disciplinary credits that have been 24 earned on any of the sentences shall be subject to forfeiture 25 pursuant to subsections (5) and (8). 26 (12) The warden of an institution may grant special good 27 time allowances to eligible prisoners who are convicted of a 02647'97 b 7 1 crime that is committed before April 1, 1987. Special good time 2 credit shall not exceed 50% of the good time allowances under the 3 schedule in subsection (2). Special good time shall be awarded 4 for good conduct only and shall not be awarded for any month in 5 which a prisoner has been found guilty of a major misconduct. 6 (13) The parole board shall be exclusively empowered to 7 cause the forfeiture of good time or disciplinary credits earned 8 by a prisoner at the time of a parole violation. 9 (14) A prisonersubject to disciplinary timeSERVING A 10 SENTENCE FOR A CRIME COMMITTED AFTER THE EFFECTIVE DATE OF THE 11 1997 AMENDATORY ACT THAT AMENDED THIS SECTION is not eligible for 12 good time, special good time, disciplinary credits, or special 13 disciplinary credits. 14 Enacting section 1. Section 34 of 1893 PA 118, MCL 800.34, 15 is repealed. 16 Enacting section 2. This amendatory act does not take 17 effect unless all of the following bills of the 89th Legislature 18 are enacted into law: 19 (a) Senate Bill No. _____ or House Bill No. _____ (request 20 no. 02647'97). 21 (b) Senate Bill No. _____ or House Bill No. _____ (request 22 no. 02647'97 a). 02647'97 b Final page. DRM