HOUSE BILL No. 5078

 

October 15, 2013, Introduced by Reps. Haveman, Poleski, Lauwers, Durhal, Irwin, Pscholka, Heise, O'Brien, Kowall, Howrylak, Victory, Price, Tlaib, Knezek, Pettalia, Stallworth, Singh, McMillin, Callton, Lori, Lyons, VerHeulen, Forlini, Schmidt, Graves, Kandrevas, Rendon, Schor, Dillon, Rogers, Hooker, Kurtz, Shirkey, McCready, Glardon, McBroom, Crawford, Pagel, Muxlow, Bumstead, Faris, Jacobsen, MacGregor, Olumba, Zorn, Denby, Hobbs, Santana, Jenkins, Lipton, Cotter, Walsh, Potvin, Kelly, Oakes, Kesto, Haines, Brinks, Lamonte and Robinson and referred to the Committee on Criminal Justice.

 

     A bill to amend 1927 PA 175, entitled

 

"The code of criminal procedure,"

 

(MCL 760.1 to 777.69) by adding sections 32 and 33 to chapter IX.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

CHAPTER IX

 

     Sec. 32. (1) A sentencing commission is created in the

 

legislative council. The legislative council shall provide the

 

commission with suitable office space, staff, and necessary

 

equipment. The commission shall consist of the following members:

 

     (a) Four individuals who are members of the senate, consisting

 

of 2 members from each caucus.

 

     (b) Four individuals who are members of the house of

 

representatives, consisting of 2 members from each caucus.

 

     (c) Two individuals who are circuit court judges.


 

     (d) One individual who represents the prosecuting attorneys of

 

this state.

 

     (e) One individual who represents criminal defense attorneys.

 

     (f) One individual who represents law enforcement.

 

     (g) One individual who represents the department of

 

corrections.

 

     (h) One individual who represents advocates of alternatives to

 

incarceration.

 

     (i) One individual who represents crime victims.

 

     (j) One individual who represents the department of

 

technology, management, and budget.

 

     (k) Two individuals who represent the general public.

 

     (2) The leader of each caucus in the senate and the leader of

 

each caucus in the house of representatives shall appoint the

 

commission members described in subsection (1)(a) and (b) by

 

January 1, 2014. By agreement and with the governor's concurrence,

 

the leader of each caucus in the senate and the leader of each

 

caucus in the house of representatives shall appoint the remaining

 

commission members described in subsection (1)(c) to (k) by January

 

1, 2014. The governor shall designate 1 of the members representing

 

the general public as commission chairperson.

 

     (3) Except as otherwise provided in this subsection, the

 

commission members shall be appointed for terms of 4 years. Of the

 

members first appointed under subsection (1)(c) to (k), 4 members

 

shall serve for 2 years, 4 members shall serve for 3 years, and 3

 

members shall serve for 4 years, as designated by the chairperson

 

and alternate chairperson of the legislative council. The members


 

of the commission appointed under subsection (1)(a) and (b) shall

 

be appointed for terms of 2 years.

 

     (4) A vacancy on the commission caused by the expiration of a

 

term or a resignation or death shall be filled in the same manner

 

as the original appointment. A member appointed to fill a vacancy

 

caused by a resignation or death shall be appointed for the balance

 

of the unexpired term.

 

     (5) A commission member shall not receive a salary for being a

 

commission member, but shall be reimbursed for his or her

 

reasonable, actual, and necessary expenses incurred in the

 

performance of his or her duties as a commission member.

 

     (6) The commission's business shall be conducted at public

 

meetings held in compliance with the open meetings act, 1976 PA

 

267, MCL 15.261 to 15.275.

 

     (7) A quorum consists of a majority of the members of the

 

sentencing commission. All commission business shall be conducted

 

by not less than a quorum.

 

     (8) A writing prepared, owned, used, in the possession of, or

 

retained by the commission in the performance of an official

 

function shall be made available to the public in compliance with

 

the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

 

     Sec. 33. (1) The commission shall do all of the following:

 

     (a) Collect, prepare, analyze, and disseminate information

 

regarding state and local sentencing practices for felonies and the

 

use of prisons and jails. The state court administrator shall

 

continue to collect data regarding sentencing practices and shall

 

provide the data necessary to the commission.


 

     (b) Conduct ongoing research regarding the impact of the

 

sentencing guidelines set forth in chapter XVII.

 

     (c) Collect, analyze, and compile data and make projections

 

regarding the populations and capacities of state and local

 

correctional facilities and the impact of the sentencing guidelines

 

on those populations and capacities.

 

     (d) In cooperation with the state court administrator,

 

collect, analyze, and compile data regarding the effect of

 

sentencing guidelines on the caseload, docket flow, and case

 

backlog of the trial and appellate courts of this state.

 

     (e) Develop modifications to the sentencing guidelines as

 

provided in subsection (4). Any modifications to the sentencing

 

guidelines shall accomplish all of the following:

 

     (i) Provide for protection of the public.

 

     (ii) Consider an offense involving violence against a person as

 

more severe than other offenses.

 

     (iii) Be proportionate to the seriousness of the offense and the

 

offender's prior criminal record.

 

     (iv) Reduce sentencing disparities based on factors other than

 

offense characteristics and offender characteristics and ensure

 

that offenders with similar offense and offender characteristics

 

receive substantially similar sentences.

 

     (v) Specify the circumstances under which a term of

 

imprisonment is proper and the circumstances under which

 

intermediate sanctions are proper.

 

     (vi) Establish sentence ranges for imprisonment that are within

 

the minimum and maximum sentences allowed by law for the offenses


 

to which the ranges apply.

 

     (vii) Maintain separate sentence ranges for convictions under

 

the habitual offender provisions in sections 10, 11, 12, and 13 of

 

this chapter, which may include as an aggravating factor, among

 

other relevant considerations, that the accused has engaged in a

 

pattern of proven or admitted criminal behavior.

 

     (viii) Establish sentence ranges that the commission considers

 

appropriate.

 

     (2) In developing modifications to the sentencing guidelines,

 

the commission shall consider the likelihood that the capacity of

 

state and local correctional facilities will be exceeded. The

 

commission shall submit to the legislature a prison impact report

 

relating to any modifications to sentencing guidelines. The report

 

shall include the projected impact on total capacity of state

 

correctional facilities.

 

     (3) Modifications to sentencing guidelines shall include

 

recommended intermediate sanctions for each case in which the upper

 

limit of the recommended minimum sentence range is 18 months or

 

less.

 

     (4) The commission may recommend modifications to the

 

sentencing guidelines set forth in chapter XVII.

 

     (5) The commission shall submit any recommended modifications

 

to the sentencing guidelines to the secretary of the senate and the

 

clerk of the house of representatives. If the legislature does not

 

enact modifications to the sentencing guidelines within 60 days

 

after introduction of a bill to enact sentencing guidelines

 

modifications based on the recommendations, the commission shall


 

revise the recommended modifications and submit them to the

 

secretary of the senate and the clerk of the house of

 

representatives within 90 days. The revised modifications are

 

subject to the requirements of subsections (1), (2), and (3). Until

 

the legislature enacts modifications to the sentencing guidelines

 

into law, the commission shall continue to revise and resubmit the

 

modifications to the legislature under the schedule provided in

 

this subsection.