ALLOW DOC TO HIRE EX-FELONS;

INCLUDE PRISONS UNDER “PUBLIC SERVICES”

House Bills 6641 and 6666

Sponsor:  Rep. Alma Wheeler Smith

Committee:  Judiciary

Complete to 12-1-08

A SUMMARY OF HOUSE BILL 6641 AS INTRODUCED 11-12-08 AND HOUSE BILL 6666 AS INTRODUCED 11-19-08

House Bill 6641 would repeal Section 5a of the Corrections Code (MCL 791.205a).  Added by Public Act 140 of 1996, Section 5a prohibits anyone being hired or appointed to a position in the Department of Corrections after March 25, 1996 if that person has been convicted of a felony or is subject to any pending felony charges.

House Bill 6666 would amend the Elliot-Larsen Civil Rights Act (MCL 37.2301).  Currently, the definition of “public service” under the act specifically excludes a state or county correctional facility with respect to actions and decisions regarding an individual serving a sentence of imprisonment.  The bill would eliminate this exclusion.

[The Elliot-Larsen Civil Rights Act says in Section 302(a) that a person shall not “deny an individual the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation or public service because of religion, race, color, national origin, age, sex, or marital status.”  (Emphasis added.)] 

FISCAL IMPACT:

House Bill 6641 would have no significant fiscal implications for the Department of Corrections

                                                                                           Legislative Analyst:   Susan Stutzky

                                                                                                  Fiscal Analyst:   Marilyn Peterson      

■ This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.