HOUSE BILL No. 5587


     February 19, 1998, Introduced by Rep. McNutt and referred to the Committee on Corrections.


        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 64 (MCL 791.264).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 64.  (1) The assistant director in charge of the bureau

 2    of  penal institutions  CORRECTIONAL FACILITIES shall  have


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 1    authority and it shall be his duty to  classify the prisoners in

 2     the several penal institutions.  He  CORRECTIONAL FACILITIES.

 3    THE ASSISTANT DIRECTOR shall  , subject to the approval of the

 4     director, promulgate regulations under which there shall be orga-

 5     nized in each penal institution,  APPOINT a classification com-

 6    mittee from the staff of  such penal institution  EACH CORREC-

 7    TIONAL FACILITY, which committee shall perform  such services and

 8     in such  SERVICES IN A manner as the assistant director in charge

 9    of the bureau of  penal institutions shall require.  It shall be

10     the duty of each such  CORRECTIONAL FACILITIES REQUIRES.

11         (2) EACH classification committee  to  SHALL obtain and file

12    complete information with regard to each prisoner  sentenced

13     under an indeterminate sentence at the time such  WHEN THE pris-

14    oner is received in  any penal institution.  It shall be the duty

15     of the  A CORRECTIONAL FACILITY.  THE clerk of the court and  of 

16    all probation officers and other officials  to send such informa-

17     tion as may be  SHALL SEND INFORMATION in their possession or

18    under their control to each  such  classification committee when

19     and in such  REQUESTED TO DO SO, IN THE manner as they  may be 

20    ARE directed.  When all such existing available records have been

21    assembled, each  such  classification committee shall determine

22    whether any further investigation is necessary, and, if so,  it 

23    shall make  such  THAT investigation.  All such  THE information

24    shall be filed with the parole board so as to be readily avail-

25    able when the parole of the prisoner is to be considered.

26         (3) THE LENGTH OF A PRISONER'S SENTENCE SHALL BE COMPUTED BY

27    THE RECORD OFFICE OF THE CORRECTIONAL FACILITY, FOR USE BY THE



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 1    CLASSIFICATION COMMITTEE, BASED UPON THE CERTIFIED COPY OF THE

 2    JUDGMENT OF SENTENCE DELIVERED WITH THE PRISONER.  IF THE JUDG-

 3    MENT OF SENTENCE DOES NOT SPECIFY WHETHER THE SENTENCE SHALL RUN

 4    CONSECUTIVELY TO OR CONCURRENTLY WITH ANY OTHER SENTENCE THAT THE

 5    PRISONER IS SERVING, THE SENTENCE SHALL BE COMPUTED AS IF IT IS

 6    TO BE SERVED CONCURRENTLY UNLESS 1 OF THE FOLLOWING APPLIES, IN

 7    WHICH CASE THE SENTENCE SHALL BE COMPUTED AS IF IT IS TO BE

 8    SERVED CONSECUTIVELY:

 9         (A) THE CONVICTION IS FOR A VIOLATION OF SECTION 7401(2)(A)

10    OR 7403(2)(A)(i), (ii), (iii), OR (iv) OF THE PUBLIC HEALTH CODE,

11    1978 PA 368, MCL 333.7401 AND 333.7403.

12         (B) THE CONVICTION IS FOR A VIOLATION OF SECTION 193,

13    195(2), 197(2), 227B, OR 349A OF THE MICHIGAN PENAL CODE, 1931 PA

14    328, MCL 750.193, 750.195, 750.197, 750.227B AND 750.349A.

15         (4) IF THE RECORD OFFICE OR THE CLASSIFICATION COMMITTEE

16    BELIEVES THAT A PRISONER'S SENTENCE IS REQUIRED TO BE SERVED CON-

17    SECUTIVELY TO ANOTHER SENTENCE, BUT THE JUDGMENT DOES NOT STATE

18    THAT FACT, OR IF THERE APPEARS TO BE ANY OTHER ERROR ON THE JUDG-

19    MENT OF SENTENCE, THE CORRECTIONAL FACILITY SHALL SEND WRITTEN

20    NOTICE OF THE APPARENT ERROR TO THE COURT THAT IMPOSED THE SEN-

21    TENCE AND TO THE PROSECUTING ATTORNEY FOR THE COUNTY FROM WHICH

22    THE PRISONER WAS COMMITTED.  HOWEVER, THE RECORD OFFICE SHALL

23    COMPUTE THE SENTENCE AS PROVIDED IN SUBSECTION (3) UNLESS AN

24    AMENDED JUDGMENT IS RECEIVED FROM THE COURT.









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