September 16, 2009, Introduced by Senator CROPSEY and referred to the Committee on Judiciary.
A bill to amend 1953 PA 232, entitled
"Corrections code of 1953,"
by amending sections 33, 33e, 34, and 35 (MCL 791.233, 791.233e,
791.234, and 791.235), section 33 as amended by 1998 PA 320,
section 33e as added by 1992 PA 181, section 34 as amended by 2006
PA 167, and section 35 as amended by 1998 PA 315, and by adding
section 32a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 32a. As used in sections 33, 33e, and 35, "validated risk
assessment instrument" means an objective and comprehensive
analysis of a prisoner's criminal history and background, and his
or her behavior while in the correctional facility, which is used
to validly predict the risk the prisoner would present to the
public safety if and when he or she is released.
Sec. 33. (1) The grant of a parole is subject to all of the
following:
(a) A prisoner shall not be given liberty on parole until the
board has reasonable assurance, after consideration of all of the
facts
and circumstances, including the prisoner's mental and social
attitude
report of a validated risk
assessment instrument, that the
prisoner will not become a menace to society or to the public
safety.
(b) Except as provided in section 34a, a parole shall not be
granted to a prisoner other than a prisoner subject to disciplinary
time until the prisoner has served the minimum term imposed by the
court less allowances for good time or special good time to which
the prisoner may be entitled by statute, except that a prisoner
other than a prisoner subject to disciplinary time is eligible for
parole before the expiration of his or her minimum term of
imprisonment whenever the sentencing judge, or the judge's
successor in office, gives written approval of the parole of the
prisoner before the expiration of the minimum term of imprisonment.
(c) Except as provided in section 34a, and notwithstanding the
provisions of subdivision (b), a parole shall not be granted to a
prisoner other than a prisoner subject to disciplinary time
sentenced for the commission of a crime described in section 33b(a)
to (cc) until the prisoner has served the minimum term imposed by
the court less an allowance for disciplinary credits as provided in
section 33(5) of 1893 PA 118, MCL 800.33. A prisoner described in
this subdivision is not eligible for special parole.
(d) Except as provided in section 34a, a parole shall not be
granted to a prisoner subject to disciplinary time until the
prisoner has served the minimum term imposed by the court.
(e)
A prisoner shall not be released on parole until the
parole
board has satisfactory evidence that arrangements have been
made
The department shall implement
and administer evidence-based
programming in response to validated assessment instruments to
ensure that prisoners are prepared for such honorable and useful
employment as the prisoner is capable of performing, for the
prisoner's education, or for the prisoner's care if the prisoner is
mentally or physically ill or incapacitated. The parole board shall
impose conditions of parole as required to ensure that each
prisoner participates in evidence-based programming identified by
the department and designed to address the prisoner's educational,
vocational, and social needs, including obtaining a high school
diploma or general educational development (GED) certificate.
(f)
A prisoner whose minimum term of imprisonment is 2 years
or
more shall not be released on parole unless he or she has either
earned
a high school diploma or earned its equivalent in the form
of
a general education development (GED) certificate. The director
of
the department may waive the restriction imposed by this
subdivision
as to any prisoner who is over the age of 65 or who was
gainfully
employed immediately before committing the crime for
which
he or she was incarcerated. The department of corrections may
also
waive the restriction imposed by this subdivision as to any
prisoner
who has a learning disability, who does not have the
necessary
proficiency in English, or who for some other reason that
is
not the fault of the prisoner is unable to successfully complete
the
requirements for a high school diploma or a general education
development
certificate. If the prisoner does not have the
necessary
proficiency in English, the department of corrections
shall
provide English language training for that prisoner necessary
for
the prisoner to begin working toward the completion of the
requirements
for a general education development certificate. This
subdivision
applies to prisoners sentenced for crimes committed
after
December 15, 1998. In providing an educational program
leading
to a high school degree or general education development
certificate,
the department shall give priority to prisoners
sentenced
for crimes committed on or before December 15, 1998.
(2) Except as provided in section 34a and subsection (3), a
prisoner who has a parole guideline of high or average probability
under section 33e shall be placed on parole when the prisoner has
served the minimum sentence imposed by the court less any
applicable good time allowances or disciplinary credits, except
that the parole board may defer a prisoner's parole until after
that date, but not later than the date on which he or she has
served 120% of the minimum sentence, for either of the following
reasons:
(a) To allow the prisoner to complete required programs that
are determined by the department or the parole board to reduce the
risk to the public safety from the prisoner's release.
(b) To allow a period of time for the prisoner to demonstrate
positive institutional conduct.
(3) Subsection (2) does not apply to any of the following
prisoners:
(a) A prisoner sentenced for a felony for which the maximum
penalty is imprisonment for life.
(b) A prisoner who has pending felony charges or detainers.
(c) A prisoner who was interviewed by the parole board and
denied parole under section 33e(5).
(4) Any prisoner not placed on parole under subsection (2) who
has served his or her minimum sentence shall be placed on parole
not later than 9 months before the expiration of the prisoner's
maximum sentence in order to ensure a period of intensive
supervision in the community.
(5) A prisoner whose parole is rescinded under section 41
shall be placed on parole again not more than 9 months following
the date on which parole was rescinded, unless the prisoner's
conduct that led to the parole rescission involved possession or
use of a weapon or injury to a victim, or resulted from a second or
subsequent parole violation, in which case the parole board shall
place the prisoner on parole again at its discretion.
(6) (2)
Paroles-in-custody to answer
warrants filed by local
or out-of-state agencies, or immigration officials, are permissible
if an accredited agent of the agency filing the warrant calls for
the prisoner to be paroled in custody.
(7) (3)
Pursuant to the administrative
procedures act of 1969,
1969 PA 306, MCL 24.201 to 24.328, the parole board may promulgate
rules not inconsistent with this act with respect to conditions to
be imposed upon prisoners paroled under this act.
Sec. 33e. (1) The department shall develop parole guidelines
that are consistent with section 33(1)(a) and that shall govern the
exercise of the parole board's discretion pursuant to sections 34
and 35 as to the release of prisoners on parole under this act. The
purpose of the parole guidelines shall be to assist the parole
board in making release decisions that enhance the public safety.
(2) In developing the parole guidelines, the department shall
use a validated risk assessment instrument. The department shall
consider factors including, but not limited to, the following in
the development of the parole guidelines:
(a)
The offense for which the prisoner is incarcerated at the
time
of parole consideration.
(a) (b)
The prisoner's institutional
program performance.
(b) (c)
The prisoner's institutional
conduct.
(c) (d)
The prisoner's prior criminal
record. As used in this
subdivision, "prior criminal record" means the recorded criminal
history of a prisoner, including all misdemeanor and felony
convictions, probation violations, juvenile adjudications for acts
that would have been crimes if committed by an adult, parole
failures, and delayed sentences.
(d) (e)
Other relevant factors as
determined by the
department, if not otherwise prohibited by law.
(3)
In developing the parole guidelines, the department may
consider
both of the following factors:
(a)
The prisoner's statistical risk screening.
(b)
The prisoner's age.
(3) (4)
The department shall ensure that
the parole guidelines
do not create disparities in release decisions based on race,
color, national origin, gender, religion, or disability.
(4) (5)
The department shall promulgate rules
pursuant to the
administrative
procedures act of 1969, Act No. 306 of the Public
Acts
of 1969, being sections 24.201 to 24.328 of the Michigan
Compiled
Laws 1969 PA 306, MCL 24.201
to 24.328, which shall
prescribe
the parole guidelines. The department shall submit the
proposed
rules to the joint committee on administrative rules not
later
than April 1, 1994. Until the rules take effect, the director
shall
require that the parole guidelines be considered by the
parole
board in making release decisions. After the rules take
effect,
the director shall require that the parole board follow the
parole
guidelines.
(5) (6)
The parole board may depart from
the parole guidelines
by denying parole to a prisoner who has a high probability of
parole as determined under the parole guidelines or by granting
parole to a prisoner who has a low probability of parole as
determined
under the parole guidelines. A departure under this
subsection
shall be for substantial and compelling reasons stated
in
writing. The parole board shall not
use a prisoner's gender,
race, ethnicity, alienage, national origin, or religion to depart
from the recommended parole guidelines. The following are the only
reasons for departing from a parole guideline of high probability
of parole:
(a) The prisoner's current psychological state as determined
by a psychiatrist based on a diagnosis of serious mental illness
and psychopathology would pose a significant risk to the public
safety if the prisoner were released to parole.
(b) The prisoner has demonstrated continued risk to the public
safety through serious institutional misconduct.
(c) The prisoner is serving a sentence for which the maximum
penalty is imprisonment for life.
(d) The prisoner has pending felony charges or detainers.
(e) A validated risk assessment instrument has deemed that the
prisoner's risk of reoffending is high, in the absence of a reentry
plan such that the prisoner cannot be effectively managed in the
community.
(6) (7)
Not less than once every 2 years,
the department shall
review the correlation between the implementation of the parole
guidelines and the recidivism rate of paroled prisoners, and shall
submit to the joint committee on administrative rules any proposed
revisions to the administrative rules that the department considers
appropriate after conducting the review.
Sec. 34. (1) Except as provided in section 34a, a prisoner
sentenced to an indeterminate sentence and confined in a state
correctional facility with a minimum in terms of years other than a
prisoner subject to disciplinary time is subject to the
jurisdiction of the parole board when the prisoner has served a
period of time equal to the minimum sentence imposed by the court
for the crime of which he or she was convicted, less good time and
disciplinary credits, if applicable.
(2) Except as provided in section 34a, a prisoner subject to
disciplinary time sentenced to an indeterminate sentence and
confined in a state correctional facility with a minimum in terms
of years is subject to the jurisdiction of the parole board when
the prisoner has served a period of time equal to the minimum
sentence imposed by the court for the crime of which he or she was
convicted.
(3) If a prisoner other than a prisoner subject to
disciplinary time is sentenced for consecutive terms, whether
received at the same time or at any time during the life of the
original sentence, the parole board has jurisdiction over the
prisoner for purposes of parole when the prisoner has served the
total time of the added minimum terms, less the good time and
disciplinary credits allowed by statute. The maximum terms of the
sentences shall be added to compute the new maximum term under this
subsection, and discharge shall be issued only after the total of
the maximum sentences has been served less good time and
disciplinary credits, unless the prisoner is paroled and discharged
upon satisfactory completion of the parole.
(4) If a prisoner subject to disciplinary time is sentenced
for consecutive terms, whether received at the same time or at any
time during the life of the original sentence, the parole board has
jurisdiction over the prisoner for purposes of parole when the
prisoner has served the total time of the added minimum terms. The
maximum terms of the sentences shall be added to compute the new
maximum term under this subsection, and discharge shall be issued
only after the total of the maximum sentences has been served,
unless the prisoner is paroled and discharged upon satisfactory
completion of the parole.
(5) If a prisoner other than a prisoner subject to
disciplinary time has 1 or more consecutive terms remaining to
serve in addition to the term he or she is serving, the parole
board may terminate the sentence the prisoner is presently serving
at any time after the minimum term of the sentence has been served.
(6) A prisoner sentenced to imprisonment for life for any of
the following is not eligible for parole and is instead subject to
the provisions of section 44:
(a) First degree murder in violation of section 316 of the
Michigan penal code, 1931 PA 328, MCL 750.316.
(b) A violation of section 16(5) or 18(7) of the Michigan
penal code, 1931 PA 328, MCL 750.16 and 750.18.
(c) A violation of chapter XXXIII of the Michigan penal code,
1931 PA 328, MCL 750.200 to 750.212a.
(d) A violation of section 17764(7) of the public health code,
1978 PA 368, MCL 333.17764.
(e) First degree criminal sexual conduct in violation of
section 520b(2)(c) of the Michigan penal code, 1931 PA 328, MCL
750.520b.
(f) Any other violation for which parole eligibility is
expressly denied under state law.
(7) A prisoner sentenced to imprisonment for life, other than
a prisoner described in subsection (6), is subject to the
jurisdiction of the parole board and may be placed on parole
according to the conditions prescribed in subsection (8) if he or
she meets any of the following criteria:
(a) Except as provided in subdivision (b) or (c), the prisoner
has served 10 calendar years of the sentence for a crime committed
before October 1, 1992 or 15 calendar years of the sentence for a
crime committed on or after October 1, 1992.
(b) Except as provided in subsection (12), the prisoner has
served 20 calendar years of a sentence for violating or conspiring
to violate section 7401(2)(a)(i) of the public health code, 1978 PA
368, MCL 333.7401, and has another conviction for a serious crime.
(c) Except as provided in subsection (12), the prisoner has
served 17-1/2 calendar years of the sentence for violating or
conspiring to violate section 7401(2)(a)(i) of the public health
code, 1978 PA 368, MCL 333.7401, and does not have another
conviction for a serious crime.
(8) A parole granted to a prisoner under subsection (7) is
subject to the following conditions:
(a) At the conclusion of 10 calendar years of the prisoner's
sentence and thereafter as determined by the parole board until the
prisoner is paroled, discharged, or deceased, and in accordance
with the procedures described in subsection (9), 1 member of the
parole board shall interview the prisoner. The interview schedule
prescribed in this subdivision applies to all prisoners to whom
subsection (7) applies, regardless of the date on which they were
sentenced.
(b) In addition to the interview schedule prescribed in
subdivision (a), the parole board shall review the prisoner's file
at the conclusion of 15 calendar years of the prisoner's sentence
and every 5 years thereafter until the prisoner is paroled,
discharged, or deceased. A prisoner whose file is to be reviewed
under this subdivision shall be notified of the upcoming file
review at least 30 days before the file review takes place and
shall be allowed to submit written statements or documentary
evidence for the parole board's consideration in conducting the
file review.
(c) A decision to grant or deny parole to the prisoner shall
not be made until after a public hearing held in the manner
prescribed for pardons and commutations in sections 44 and 45.
Notice of the public hearing shall be given to the sentencing
judge, or the judge's successor in office, and parole shall not be
granted if the sentencing judge, or the judge's successor in
office, files written objections to the granting of the parole
within 30 days of receipt of the notice of hearing. The written
objections shall be made part of the prisoner's file.
(d) A parole granted under subsection (7) shall be for a
period of not less than 4 years and subject to the usual rules
pertaining to paroles granted by the parole board. A parole granted
under subsection (7) is not valid until the transcript of the
record is filed with the attorney general whose certification of
receipt of the transcript shall be returnable to the office of the
parole board within 5 days. Except for medical records protected
under section 2157 of the revised judicature act of 1961, 1961 PA
236, MCL 600.2157, the file of a prisoner granted a parole under
subsection (7) is a public record.
(9) An interview conducted under subsection (8)(a) is subject
to both of the following requirements:
(a) The prisoner shall be given written notice, not less than
30 days before the interview date, stating that the interview will
be conducted.
(b) The prisoner may be represented at the interview by an
individual of his or her choice. The representative shall not be
another prisoner. A prisoner is not entitled to appointed counsel
at public expense. The prisoner or representative may present
relevant evidence in favor of holding a public hearing as allowed
in subsection (8)(b).
(10) In determining whether a prisoner convicted of violating
or conspiring to violate section 7401(2)(a)(i) of the public health
code, 1978 PA 368, MCL 333.7401, and sentenced to imprisonment for
life before October 1, 1998 is to be released on parole, the parole
board shall consider all of the following:
(a) Whether the violation was part of a continuing series of
violations of section 7401 or 7403 of the public health code, 1978
PA 368, MCL 333.7401 and 333.7403, by that individual.
(b) Whether the violation was committed by the individual in
concert with 5 or more other individuals.
(c) Any of the following:
(i) Whether the individual was a principal administrator,
organizer, or leader of an entity that the individual knew or had
reason to know was organized, in whole or in part, to commit
violations of section 7401 or 7403 of the public health code, 1978
PA 368, MCL 333.7401 and 333.7403, and whether the violation for
which the individual was convicted was committed to further the
interests of that entity.
(ii) Whether the individual was a principal administrator,
organizer, or leader of an entity that the individual knew or had
reason to know committed violations of section 7401 or 7403 of the
public health code, 1978 PA 368, MCL 333.7401 and 333.7403, and
whether the violation for which the individual was convicted was
committed to further the interests of that entity.
(iii) Whether the violation was committed in a drug-free school
zone.
(iv) Whether the violation involved the delivery of a
controlled substance to an individual less than 17 years of age or
possession with intent to deliver a controlled substance to an
individual less than 17 years of age.
(11)
Except as provided in section 34a, a prisoner's release
on
parole is discretionary with the parole board. The action of the
parole board in granting a parole is appealable by the prosecutor
of the county from which the prisoner was committed or the victim
of the crime for which the prisoner was convicted. The appeal shall
be to the circuit court in the county from which the prisoner was
committed, by leave of the court.
(12) If the sentencing judge, or his or her successor in
office, determines on the record that a prisoner described in
subsection (7)(b) or (c) sentenced to imprisonment for life for
violating or conspiring to violate section 7401(2)(a)(i) of the
public health code, 1978 PA 368, MCL 333.7401, has cooperated with
law enforcement, the prisoner is subject to the jurisdiction of the
parole board and may be released on parole as provided in
subsection (7)(b) or (c) 2-1/2 years earlier than the time
otherwise indicated in subsection (7)(b) or (c). The prisoner is
considered to have cooperated with law enforcement if the court
determines on the record that the prisoner had no relevant or
useful information to provide. The court shall not make a
determination that the prisoner failed or refused to cooperate with
law enforcement on grounds that the defendant exercised his or her
constitutional right to trial by jury. If the court determines at
sentencing that the defendant cooperated with law enforcement, the
court shall include its determination in the judgment of sentence.
(13) An individual convicted of violating or conspiring to
violate section 7401(2)(a)(ii) or 7403(2)(a)(ii) of the public health
code, 1978 PA 368, MCL 333.7401 and 333.7403, before March 1, 2003
is eligible for parole after serving the minimum of each sentence
imposed for that violation or 10 years of each sentence imposed for
that violation, whichever is less.
(14) An individual convicted of violating or conspiring to
violate section 7401(2)(a)(iii) or 7403(2)(a)(iii) of the public health
code, 1978 PA 368, MCL 333.7401 and 333.7403, before March 1, 2003
is eligible for parole after serving the minimum of each sentence
imposed for that violation or 5 years of each sentence imposed for
that violation, whichever is less.
(15) An individual convicted of violating or conspiring to
violate section 7401(2)(a)(iv) or 7403(2)(a)(iv) of the public health
code, 1978 PA 368, MCL 333.7401 and 333.7403, before March 1, 2003
who is sentenced to a term of imprisonment that is consecutive to a
term of imprisonment imposed for any other violation of section
7401(2)(a)(i) to (iv) or section 7403(2)(a)(i) to (iv) is eligible for
parole after serving 1/2 of the minimum sentence imposed for each
violation of section 7401(2)(a)(iv) or 7403(2)(a)(iv). This
subsection does not apply if the sentence was imposed for a
conviction for a new offense committed while the individual is on
probation or parole.
(16) The parole board shall provide notice to the prosecuting
attorney of the county in which the individual was convicted before
granting parole to the individual under subsection (13), (14), or
(15).
(17) As used in this section:
(a) "Serious crime" means violating or conspiring to violate
article 7 of the public health code, 1978 PA 368, MCL 333.7101 to
333.7545, that is punishable by imprisonment for more than 4 years,
or an offense against a person in violation of section 83, 84, 86,
87, 88, 89, 316, 317, 321, 349, 349a, 350, 397, 520b, 520c, 520d,
520g, 529, 529a, or 530 of the Michigan penal code, 1931 PA 328,
MCL 750.83, 750.84, 750.86, 750.87, 750.88, 750.89, 750.316,
750.317, 750.321, 750.349, 750.349a, 750.350, 750.397, 750.520b,
750.520c, 750.520d, 750.520g, 750.529, 750.529a, and 750.530.
(b) "State correctional facility" means a facility that houses
prisoners
committed to the jurisdiction of the department. , and
includes
a youth correctional facility operated under section 20g
by
the department or a private vendor.
Sec.
35. (1) The release of a prisoner on parole shall be
granted
solely upon the initiative of the parole board. The parole
board
may grant a parole without interviewing the prisoner .
However,
beginning on the date on which the administrative rules
prescribing
parole guidelines pursuant to section 33e(5) take
effect,
the parole board may grant a parole without interviewing
the
prisoner only if, after evaluating
the prisoner according to
the parole guidelines, the parole board determines that the
prisoner has a high probability of being paroled and the parole
board therefore intends to parole the prisoner. Except as provided
in subsection (2), a prisoner shall not be denied parole without an
interview before 1 member of the parole board. The interview shall
be conducted at least 1 month before the expiration of the
prisoner's minimum sentence less applicable good time and
disciplinary credits for a prisoner eligible for good time and
disciplinary credits, or at least 1 month before the expiration of
the prisoner's minimum sentence for a prisoner subject to
disciplinary time. The parole board shall consider any statement
made to the parole board by a crime victim under the William Van
Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.751 to
780.834, or under any other provision of law. The parole board
shall not consider any of the following factors in making a parole
determination:
(a) A juvenile record that a court has ordered the department
to expunge.
(b) Information that is determined by the parole board to be
inaccurate or irrelevant after a challenge and presentation of
relevant evidence by a prisoner who has received a notice of intent
to
conduct an interview as provided in subsection (4). This
subdivision
applies only to presentence investigation reports
prepared
before April 1, 1983.
(2)
Beginning on the date on which the administrative rules
prescribing
the parole guidelines take effect pursuant to section
33e(5)
January 26, 1996, if, after evaluating a prisoner according
to the parole guidelines, the parole board determines that the
prisoner has a low probability of being paroled and the parole
board therefore does not intend to parole the prisoner, the parole
board shall not be required to interview the prisoner before
denying parole to the prisoner.
(3) The parole board may consider but shall not base a
determination to deny parole solely on either of the following:
(a) A prisoner's marital history.
(b) Prior arrests not resulting in conviction or adjudication
of delinquency.
(4) If an interview is to be conducted, the prisoner shall be
sent a notice of intent to conduct an interview at least 1 month
before the date of the interview. The notice shall state the
specific issues and concerns that shall be discussed at the
interview and that may be a basis for a denial of parole. A denial
of parole shall not be based on reasons other than those stated in
the notice of intent to conduct an interview except for good cause
stated to the prisoner at or before the interview and in the
written explanation required by subsection (12). This subsection
does not apply until April 1, 1983.
(5) Except for good cause, the parole board member conducting
the interview shall not have cast a vote for or against the
prisoner's release before conducting the current interview. Before
the interview, the parole board member who is to conduct the
interview shall review pertinent information relative to the notice
of intent to conduct an interview.
(6) A prisoner may waive the right to an interview by 1 member
of the parole board. The waiver of the right to be interviewed
shall be given not more than 30 days after the notice of intent to
conduct an interview is issued and shall be made in writing. During
the interview held pursuant to a notice of intent to conduct an
interview, the prisoner may be represented by an individual of his
or her choice. The representative shall not be another prisoner or
an attorney. A prisoner is not entitled to appointed counsel at
public expense. The prisoner or representative may present relevant
evidence in support of release. This subsection does not apply
until April 1, 1983.
(7) At least 90 days before the expiration of the prisoner's
minimum sentence less applicable good time and disciplinary credits
for a prisoner eligible for good time or disciplinary credits, or
at least 90 days before the expiration of the prisoner's minimum
sentence for a prisoner subject to disciplinary time, or the
expiration of a 12-month continuance for any prisoner, a parole
eligibility report shall be prepared by appropriate institutional
staff. The parole eligibility report shall be considered pertinent
information for purposes of subsection (5). The report shall
include all of the following:
(a) A statement of all major misconduct charges of which the
prisoner was found guilty and the punishment served for the
misconduct.
(b) The prisoner's work and educational record while confined.
(c) The results of any physical, mental, or psychiatric
examinations of the prisoner that may have been performed.
(d) The results on any validated risk assessment instruments.
(e) (d)
Whether the prisoner fully
cooperated with the state
by providing complete financial information as required under
section 3a of the state correctional facility reimbursement act,
1935 PA 253, MCL 800.403a.
(f) (e)
For a prisoner subject to
disciplinary time, a
statement of all disciplinary time submitted for the parole board's
consideration pursuant to section 34 of 1893 PA 118, MCL 800.34.
(8) The preparer of the report shall not include a
recommendation as to release on parole.
(9) Psychological evaluations performed at the request of the
parole board to assist it in reaching a decision on the release of
a prisoner may be performed by the same person who provided the
prisoner with therapeutic treatment, unless a different person is
requested by the prisoner or parole board.
(10) The parole board may grant a medical parole for a
prisoner determined to be physically or mentally incapacitated. A
decision to grant a medical parole shall be initiated upon the
recommendation of the bureau of health care services and shall be
reached only after a review of the medical, institutional, and
criminal records of the prisoner.
(11) The department shall submit a petition to the appropriate
court under section 434 of the mental health code, 1974 PA 258, MCL
330.1434, for any prisoner being paroled or being released after
serving his or her maximum sentence whom the department considers
to be a person requiring treatment. The parole board shall require
mental health treatment as a special condition of parole for any
parolee whom the department has determined to be a person requiring
treatment whether or not the petition filed for that prisoner is
granted by the court. As used in this subsection, "person requiring
treatment" means that term as defined in section 401 of the mental
health code, 1974 PA 258, MCL 330.1401.
(12) When the parole board makes a final determination not to
release a prisoner, the prisoner shall be provided with a written
explanation of the reason for denial and, if appropriate, specific
recommendations for corrective action the prisoner may take to
facilitate release.
(13) This section does not apply to the placement on parole of
a person in conjunction with special alternative incarceration
under section 34a(7).
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 826
of the 95th Legislature is enacted into law.