HOUSE BILL No. 6704

 

November 19, 2008, Introduced by Rep. Schuitmaker and referred to the Committee on Judiciary.

 

     A bill to amend 1953 PA 232, entitled

 

"Corrections code of 1953,"

 

by amending section 36 (MCL 791.236), as amended by 2006 PA 403.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 36. (1) All paroles shall be ordered by the parole board

 

and shall be signed by the chairperson. Written notice of the order

 

shall be given to the sheriff or other police officer of the

 

municipality or county in which the prisoner was convicted, and to

 

the sheriff or other local police officer of the municipality or

 

county to which the paroled prisoner is sent.

 

     (2) A parole order may be rescinded at the discretion of the

 

parole board for cause before the prisoner is released on parole. A

 

parole shall not be revoked unless an interview with the prisoner

 


is conducted by 1 member of the parole board. The purpose of the

 

interview is to consider and act upon information received by the

 

board after the original parole release decision. A revocation

 

interview shall be conducted within 45 days after receiving the new

 

information. At least 10 days before the interview, the parolee

 

shall receive a copy or summary of the new evidence that is the

 

basis for the interview.

 

     (3) A parole order may be amended at the discretion of the

 

parole board for cause. An amendment to a parole order shall be in

 

writing and is not effective until notice of the amendment is given

 

to the parolee.

 

     (4) When a parole order is issued, the order shall contain the

 

conditions of the parole and shall specifically provide proper

 

means of supervision of the paroled prisoner in accordance with the

 

rules of the bureau of field services.

 

     (5) The parole order shall contain a condition to pay

 

restitution to the victim of the prisoner's crime or the victim's

 

estate if the prisoner was ordered to make restitution pursuant to

 

the William Van Regenmorter crime victim's rights act, 1985 PA 87,

 

MCL 780.751 to 780.834, or the code of criminal procedure, 1927 PA

 

175, MCL 760.1 to 777.69.

 

     (6) The parole order shall contain a condition requiring the

 

parolee to pay a parole supervision fee as prescribed in section

 

36a.

 

     (7) The parole order shall contain a condition requiring the

 

parolee to pay any assessment the prisoner was ordered to pay

 

pursuant to section 5 of 1989 PA 196, MCL 780.905.

 


     (8) The parole order shall contain a condition requiring the

 

parolee to pay the minimum state cost prescribed by section 1j of

 

chapter IX of the code of criminal procedure, 1927 PA 175, MCL

 

769.1j, if the minimum state cost has not been paid.

 

     (9) If the parolee is required to be registered under the sex

 

offenders registration act, 1994 PA 295, MCL 28.721 to 28.736, the

 

parole order shall contain a condition requiring the parolee to

 

comply with that act.

 

     (10) If a prisoner convicted of violating or conspiring to

 

violate section 7401(2)(a)(i) or (ii) or 7403(2)(a)(i) or (ii) of the

 

public health code, 1978 PA 368, MCL 333.7401 and 333.7403, is

 

released on parole, the parole order shall contain a notice that if

 

the parolee violates or conspires to violate article 7 of the

 

public health code, 1978 PA 368, MCL 333.7101 to 333.7545, and that

 

violation or conspiracy to violate is punishable by imprisonment

 

for 4 or more years, or commits a violent felony during his or her

 

release on parole, parole shall be revoked.

 

     (11) A parole order issued for a prisoner subject to

 

disciplinary time may contain a condition requiring the parolee to

 

be housed in a community corrections center or a community

 

residential home for not less than the first 30 days but not more

 

than the first 180 days of his or her term of parole. As used in

 

this subsection, "community corrections center" and "community

 

residential home" mean those terms as defined in section 65a.

 

     (12) The parole order shall contain a condition requiring the

 

parolee to pay the following amounts owed by the prisoner, if

 

applicable:

 


     (a) The balance of filing fees and costs ordered to be paid

 

under section 2963 of the revised judicature act of 1961, 1961 PA

 

236, MCL 600.2963.

 

     (b) The balance of any filing fee ordered to be paid by a

 

federal court under section 1915 of title 28 of the United States

 

Code, 28 USC 1915 and any unpaid order of costs assessed against

 

the prisoner.

 

     (13) In each case in which payment of restitution is ordered

 

as a condition of parole, a parole officer assigned to a case shall

 

review the case not less than twice yearly to ensure that

 

restitution is being paid as ordered. The final review shall be

 

conducted not less than 60 days before the expiration of the parole

 

period. If the parole officer determines that restitution is not

 

being paid as ordered, the parole officer shall file a written

 

report of the violation with the parole board on a form prescribed

 

by the parole board. The report shall include a statement of the

 

amount of arrearage and any reasons for the arrearage known by the

 

parole officer. The parole board shall immediately provide a copy

 

of the report to the court, the prosecuting attorney, and the

 

victim.

 

     (14) If a parolee is required to register pursuant to the sex

 

offenders registration act, 1994 PA 295, MCL 28.721 to 28.736, the

 

parole officer shall register the parolee as provided in that act.

 

     (15) Beginning August 28, 2006, if a parolee convicted of

 

violating or conspiring to violate section 520b or 520c of the

 

Michigan penal code, 1931 PA 328, MCL 750.520b and 750.520c, other

 

than a parolee who is subject to lifetime electronic monitoring

 


under section 85, is placed on parole, the parole board may require

 

that the parolee be subject to electronic monitoring. The

 

electronic monitoring required under this subsection shall be

 

conducted in the same manner, and shall be subject to the same

 

requirements, as is described in section 85 of this act and section

 

520n(2) of the Michigan penal code, 1931 PA 328, MCL 750.520n,

 

except as follows:

 

     (a) The electronic monitoring shall continue only for the

 

duration of the term of parole.

 

     (b) A violation by the parolee of any requirement prescribed

 

in section 520n(2)(a) to (c) is a violation of a condition of

 

parole, not a felony violation.

 

     (16) If the parole order contains a condition intended to

 

protect 1 or more named persons, the department shall enter those

 

provisions of the parole order into the corrections management

 

information system, accessible by the law enforcement information

 

network. If the parole board rescinds a parole order described in

 

this subsection, the department within 3 business days shall remove

 

from the corrections management information system the provisions

 

of that parole order.

 

     (17) Each prisoner who is required to be registered under the

 

sex offenders registration act, 1994 PA 295, MCL 28.721 to 28.736,

 

before being released on parole or being released upon completion

 

of his or her maximum sentence, shall provide to the department

 

notice of the location of his or her proposed place of residence or

 

domicile. The department then shall forward that notice of location

 

to the appropriate law enforcement agency as required under section

 


5(2) of the sex offenders registration act, 1994 PA 295, MCL

 

28.725. A prisoner who refuses to provide notice of the location of

 

his or her proposed place of residence or domicile or knowingly

 

provides an incorrect notice of the location of his or her proposed

 

place of residence or domicile under this subsection is guilty of a

 

felony punishable by imprisonment for not more than 4 years or a

 

fine of not more than $2,000.00, or both.

 

     (18) As used in this section, "violent felony" means an

 

offense against a person in violation of section 82, 83, 84, 85,

 

86, 87, 88, 89, 91, 316, 317, 321, 327, 328, 349, 349a, 349b, 350,

 

397, 520b, 520c, 520d, 520e, 520g, 529, 529a, or 530, or 543f of

 

the Michigan penal code, 1931 PA 328, MCL 750.82, 750.83, 750.84,

 

750.85, 750.86, 750.87, 750.88, 750.89, 750.91, 750.316, 750.317,

 

750.321, 750.327, 750.328, 750.349, 750.349a, 750.349b, 750.350,

 

750.397, 750.520b, 750.520c, 750.520d, 750.520e, 750.520g, 750.529,

 

750.529a, and 750.530, and 750.543f.