April 12, 2016, Introduced by Senators HORN, O'BRIEN, JONES and SCHUITMAKER and referred to the Committee on Judiciary.
A bill to amend 1985 PA 87, entitled
"William Van Regenmorter crime victim's rights act,"
by amending sections 19, 20, 20a, 22a, 25, 46a, 48, 52, 78a, and 84
(MCL 780.769, 780.770, 780.770a, 780.772a, 780.775, 780.796a,
780.798, 780.802, 780.828a, and 780.834), sections 19, 20, and 48
as amended by 2012 PA 564, section 20a as amended by 1998 PA 523,
section 22a as added by 1993 PA 341, section 25 as amended and
section 84 as added by 1988 PA 21, section 46a as amended by 2000
PA 503, section 52 as added by 1988 PA 22, and section 78a as
amended by 2006 PA 461.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 19. (1) Upon the written request of any individual who
was a victim of the defendant's course of conduct that gave rise to
the conviction, the sheriff or the department of corrections shall
mail to that victim the following, as applicable, about a prisoner
who has been sentenced to imprisonment under the jurisdiction of
the sheriff or the department for that crime:
(a) Within 30 days after the request, notice of the sheriff's
calculation of the prisoner's earliest release date or the
department's calculation of the prisoner's earliest parole
eligibility date, with all potential good time or disciplinary
credits considered, if the sentence of imprisonment exceeds 90
days.
(b) Notice of the prisoner's transfer or pending transfer to a
minimum security facility and the facility's address.
(c) Notice of the prisoner's release or pending release in a
community residential program or under furlough; any other transfer
to community status; any transfer from 1 community residential
program or electronic monitoring program to another; or any
transfer from a community residential program or electronic
monitoring program to a state correctional facility.
(d) Notice that the person accused, convicted, or imprisoned
for committing a crime against the victim has escaped from custody,
as provided in section 20.
(e) Notice of both of the following:
(i) The victim's right to address or submit a written
statement for consideration by a parole board member or a member of
any other panel having authority over the prisoner's release on
parole during the time the prisoner's release on parole or
commutation of sentencing is being considered, as provided in
section 21.
(ii) The victim's right to address the parole board and to
present exhibits or other photographic or documentary information
to the parole board including at a commutation hearing.
(f) Notice of the decision of the parole board, or any other
panel having authority over the prisoner's release on parole, after
a parole review, as provided in section 21.
(g)
Notice of the release of a the
prisoner 90 days before the
date of the prisoner's discharge from prison, unless the notice has
been otherwise provided under this article.
(h) Notice that the prisoner has applied for a reprieve,
commutation, or pardon and the parole board has decided to consider
the application.
(i) Notice of a public hearing under section 44 of the
corrections code of 1953, 1953 PA 232, MCL 791.244, regarding a
reprieve, commutation, or pardon of the prisoner's sentence by the
governor.
(j) Notice that a reprieve, commutation, or pardon has been
granted or denied upon conclusion of a public hearing.
(k)
Notice that a the prisoner has had his or her name legally
changed while on parole or within 2 years after release from
parole.
(l) Notice that a the prisoner
has been convicted of a new
crime.
(m)
Notice that a the prisoner has been returned from parole
status to a correctional facility due to an alleged violation of
the conditions of his or her parole.
(n) Notice that the prisoner, including a parolee, has died.
However, the notification requirements of this subdivision apply to
the death of a parolee only if the department is aware that the
parolee has died.
(o) Notice that the prisoner has absconded, if longer than 7
days.
(2)
A victim's name, home address, and home
telephone number,
cellular telephone number, electronic mail address, work address,
and work telephone number maintained by a sheriff or the department
of corrections upon a request for notice under this section are
confidential and shall not be disclosed for public inspection and
are exempt from disclosure under the freedom of information act,
1976 PA 442, MCL 15.231 to 15.246, and shall not be released.
Sec. 20. (1) The person designated in subsections (2) to (4)
shall give a victim who requests notice and the prosecuting
attorney who is prosecuting or has prosecuted the crime for which a
defendant is detained, under sentence, hospitalized, or admitted to
a facility immediate notice of the escape of the defendant accused,
convicted, imprisoned, hospitalized, or admitted to a facility for
committing a crime against the victim. The notice shall be given by
any means reasonably calculated to give prompt actual notice.
(2) If notice is required under this section and the defendant
escapes from custody before sentence is executed or before the
defendant is delivered to the department of corrections,
hospitalized, or admitted to a facility, the chief law enforcement
officer of the agency in charge of the person's detention shall
give notice to the prosecuting attorney that the defendant has
escaped, who shall then give notice to the victim who requested
that notice. The notice shall be provided to the victim within 24
hours after the defendant is reported to have escaped.
(3) If the defendant is confined under a sentence, the notice
required under this section shall be given by the chief
administrator
of the place in which the prisoner defendant is
confined.
(4) If the defendant is hospitalized under an order of
hospitalization or admitted to a facility under an order of
admission, the notice required under this section shall be given by
the director of the hospital in which the defendant is hospitalized
or by the director of the facility to which the defendant is
admitted.
Sec.
20a. (1) Upon a victim's written request, the family
independence
agency department of health
and human services or
county juvenile agency, as applicable, shall make a good-faith
effort to notify the victim before either of the following occurs:
(a) A juvenile is dismissed from court jurisdiction or
discharged
from commitment to the family independence agency
department of health and human services or county juvenile agency.
(b) A juvenile is transferred from a secure juvenile facility
to a nonsecure juvenile facility.
(2)
If the family independence agency department of health and
human services or county juvenile agency is not successful in
notifying the victim before an event described in subsection (1)
occurs, it shall notify the victim as soon as possible after that
event occurs by any means reasonably calculated to give prompt
actual notice.
(3)
Upon the victim's written request, the family independence
agency
department of health and human
services or county juvenile
agency, as applicable, shall give to the victim notice of a
juvenile's escape. A victim who requests notice of an escape shall
be given immediate notice of the escape by any means reasonably
calculated to give prompt actual notice. If the escape occurs
before
the juvenile is delivered to the family independence agency
department of health and human services or county juvenile agency,
the agency in charge of the juvenile's detention shall give notice
of
the escape to the family independence agency department of
health and human services or county juvenile agency, which shall
then give notice of the escape to the victim who requested notice.
Sec. 22a. If a defendant applies to have a conviction for an
assaultive
crime set aside under Act No. 213 of the Public Acts of
1965,
being sections 780.621 to 780.624 of the Michigan Compiled
Laws,
1965 PA 213, MCL 780.621 to
780.624, and if the name of the
victim is known by the prosecuting attorney, the prosecuting
attorney shall give to the victim of the assaultive crime written
notice of the application and forward a copy of the application to
the victim. The notice shall be by first-class mail to the victim's
last known address. The victim has the right to appear at any
proceeding
under Act No. 213 of the Public Acts of 1965 1965 PA
213, MCL 780.621 to 780.624, concerning that conviction and make a
written or oral statement. As used in this section, "assaultive
crime"
means that term as defined in section 9a of chapter X of the
code
of criminal procedure, Act No. 175 of the Public Acts of 1927,
being
section 770.9a of the Michigan Compiled Laws.a violation of
any of the following:
(a) Section 601d, 602a(4) or (5), 617(2) or (3), 625(4) or
(5), 626(3) or (4), 653a(3) or (4), or 904(4) or (5) of the
Michigan vehicle code, 1949 PA 300, MCL 257.601d, 257.602a,
257.617, 257.625, 257.626, 257.653a, and 257.904.
(b) Section 3(1) or (2) of 1988 PA 426, MCL 287.323.
(c) Section 1608, 80172, 80173, 80176(4) or (5), 82126c(2), or
82127(4) or (5) of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.1608, 324.80172, 324.80173,
324.80176, 324.82126c, and 324.82127.
(d) Section 5210 of the public health code, 1978 PA 368, MCL
333.5210.
(e) Section 701 of the Michigan liquor control code of 1998,
1998 PA 58, MCL 436.1701.
(f) Section 72, 81, 81a, 81c, 81d, 82, 83, 84, 85, 86, 87, 88,
89, 90a, 90b(a) or (b), 91, 110a(2), 112, 120a, 122, 135, 136b(2),
(3), or (5), 145n, 147b, 157b, 197c, 200 to 212a, 213, 234a, 234b,
234c, 316, 317, 317a, 321, 327, 328, 329, 349, 349a, 349b, 350,
377b, 394(2)(d) or (e), 397, 397a, 411h(2)(b) or (3), 411i, 436,
479, 479a, 483a(1) or (3), 520b, 520c, 520d, 520e, 520g, 529, 529a,
530, 531, 540(5)(b), or 543a to 543z of the Michigan penal code,
1931 PA 328, MCL 750.72, 750.81, 750.81a, 750.81c, 750.81d, 750.82,
750.83, 750.84, 750.85, 750.86, 750.87, 750.88, 750.89, 750.90a,
750.90b, 750.91, 750.110a, 750.112, 750.120a, 750.122, 750.135,
750.136b, 750.145n, 750.147b, 750.157b, 750.197c, 750.200 to
750.212a, 750.213, 750.234a, 750.234b, 750.234c, 750.316, 750.317,
750.317a, 750.321, 750.327, 750.328, 750.329, 750.349, 750.349a,
750.349b, 750.350, 750.377b, 750.394, 750.397, 750.397a, 750.411h,
750.411i, 750.436, 750.479, 750.479a, 750.483a, 750.520b, 750.520c,
750.520d, 750.520e, 750.520g, 750.529, 750.529a, 750.530, 750.531,
750.540, and 750.543a to 750.543z.
(g) Section 1, 2, or 2a of 1968 PA 302, MCL 752.541, 752.542,
and 752.542a.
(h) Section 1 of 1952 PA 45, MCL 752.861.
(i) Section 1 of 1954 PA 81, MCL 752.881.
Sec.
25. (1) This article shall take effect October 9, 1985.
(2)
This article shall apply only applies to
all crimes
committed
on or after October 9, 1985.regardless
of when they were
committed.
Sec. 46a. (1) If a juvenile applies to have a conviction for
an assaultive crime or serious misdemeanor or an adjudication for
an offense that if committed by an adult would be an assaultive
crime or a serious misdemeanor set aside under section 18e of
chapter XIIA of the probate code of 1939, 1939 PA 288, MCL
712A.18e,
and the prosecuting attorney knows the victim's name of a
victim of the offense, the prosecuting attorney shall give the
victim
of the offense written notice of the application and forward
a copy of the application to the victim. The notice shall be by
first-class mail to the victim's last known address. The victim has
the right to appear at any proceeding under section 18e of chapter
XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.18e,
concerning that adjudication and make a written or oral statement.
(2) As used in this section:
(a) "Assaultive crime" means that term as defined in section
9a
of chapter X of the code of criminal procedure, 1927 PA 175, MCL
770.9a.22a.
(b) "Serious misdemeanor" means that term as defined in
section 61.
Sec. 48. (1) Upon the victim's written request, the court or
the department of health and human services or county juvenile
agency, as applicable, shall make a good faith effort to notify the
victim before any of the following occurs:
(a) The juvenile is dismissed from court jurisdiction or
discharged from commitment to the department of health and human
services or county juvenile agency.
(b) The juvenile is transferred from a juvenile facility to
any other juvenile facility.
(c) The juvenile has his or her name legally changed while
under the court's jurisdiction or within 2 years after discharge
from the court's jurisdiction.
(d) The juvenile is detained for having committed an act
which, if committed by an adult, would be a criminal violation.
(2) If the court, department of health and human services, or
county juvenile agency is not successful in notifying the victim
before an event described in subsection (1)(a), (b), or (c) occurs,
it shall notify the victim as soon as possible after that event
occurs.
(3)
Upon the a victim's written request, the department of
health and human services, county juvenile agency, or court shall
give to the victim notice of a juvenile's escape from a secure
detention or treatment facility. A victim who requests notice of an
escape shall be given immediate notice of the escape by any means
reasonably calculated to give prompt actual notice.
(4) Upon the victim's written request, the sheriff or the
department of corrections shall mail to the victim the following,
as applicable, about a juvenile who has been sentenced to
imprisonment under the jurisdiction of the sheriff or the
department for the offense against that victim:
(a) Within 30 days after the request, notice of the sheriff's
calculation of the juvenile's earliest release date or the
department's calculation of the juvenile's earliest parole
eligibility, with all potential good time or disciplinary credits
considered, if the sentence of imprisonment exceeds 90 days.
(b) Notice of the juvenile's transfer or pending transfer to a
minimum security facility and the facility's address.
(c) Notice of the juvenile's release or pending release in a
community residential program, under furlough, or any other
transfer to community status; any transfer from 1 community
residential program or electronic monitoring program to another; or
any transfer from a community residential program or electronic
monitoring program to a state correctional facility.
(d) Notice of the escape of the juvenile accused, convicted,
or imprisoned for committing an offense against the victim.
(e) Notice of both of the following:
(i) The victim's right to address or submit a written
statement for consideration by a parole board member or a member of
any other panel having authority over the juvenile's release on
parole during the time the juvenile's release on parole or
commutation of sentencing is being considered.
(ii) To The
victim's right to address the parole
board and to
present exhibits or other photographic or documentary information
to the parole board including at a commutation hearing.
(f) Notice of the decision of the parole board, or any other
panel having authority over the juvenile's release on parole, after
a parole review.
(g) Notice of the release of a juvenile 90 days before the
date of the juvenile's discharge from prison, unless the notice has
been otherwise provided under this article.
(h) Notice of a public hearing under section 44 of the
corrections code of 1953, 1953 PA 232, MCL 791.244, regarding a
reprieve, commutation, or pardon of the juvenile's sentence by the
governor.
(i) Notice that a reprieve, commutation, or pardon has been
granted or denied upon conclusion of a public hearing.
(j) Notice that a juvenile has had his or her name legally
changed while on parole or within 2 years after release from
parole.
(k) Notice that the juvenile, including a parolee, has died.
However, the notification requirements of this subdivision apply to
the death of a parolee only if the department is aware that the
parolee has died.
(5)
A victim's name, home address, and home
telephone number,
cellular telephone number, electronic mail or texting address, work
address, or work telephone number maintained by a sheriff, the
department of health and human services, a county juvenile agency,
or the department of corrections upon a request for notice under
subsection (4) is confidential and shall not be open for public
inspection and is exempt from disclosure under the freedom of
information act, 1976 PA 442, MCL 15.231 to 15.246, and shall not
be released.
(6) As provided in subsection (7) or (8), a victim who
requests notice of the escape and the prosecuting attorney who
filed the petition alleging the offense for which the juvenile is
accused, detained, or under sentence shall be given immediate
notice of the juvenile's escape. The notice shall be given by any
means reasonably calculated to give prompt actual notice.
(7) If the escape occurs before the sentence is executed or
before the juvenile is delivered to the department of health and
human services, county juvenile agency, sheriff, or the department
of corrections, the person in charge of the agency in charge of the
juvenile's detention shall give notice of the escape to the
prosecuting attorney, who shall then give notice of the escape to a
victim who requested notice.
(8) If the juvenile is confined under sentence, the notice of
escape shall be given to the victim and the prosecuting attorney by
the chief administrator of the place in which the juvenile is
confined.
(9)
Upon the a victim's request, the prosecuting attorney
shall give the victim notice of a review hearing conducted under
section 18 of chapter XIIA of the probate code of 1939, 1939 PA
288, MCL 712A.18. The victim has the right to make a statement at
the hearing or submit a written statement for use at the hearing,
or both.
Sec.
52. (1) This article shall take effect June 1, 1988.
(2)
This article shall apply only applies to
all offenses
committed
on or after June 1, 1988.regardless
of when they were
committed.
Sec. 78a. (1) Upon the written request of a victim of a
serious misdemeanor, the sheriff shall mail to the victim the
following, as applicable, about a prisoner who has been sentenced
to imprisonment under the jurisdiction of the sheriff for
commission of that serious misdemeanor:
(a) Within 30 days after the request, notice of the sheriff's
calculation of the earliest release date of the prisoner, with all
potential good time or disciplinary credits considered if the
sentence
of imprisonment exceeds 90 days. The victim may request 1-
time
only notice of the calculation described in this subdivision.
(b) Notice that a prisoner has had his or her name legally
changed while imprisoned in the county jail or within 2 years of
release from the county jail.
(c) Notice that the prisoner has been placed on day parole or
work release.
(2) When a defendant is sentenced to probation or a term of
imprisonment, the prosecuting attorney shall provide the victim
with a form the victim may submit to receive the notices provided
for under this section or section 77b or 78b. The form shall
include the address of the court, prosecuting attorney, or
sheriff's department, as applicable, to which the form may be sent.
Sec.
84. (1) This article shall take effect June 1, 1988.
(2)
This article shall apply only applies
to all misdemeanors
committed
on or after June 1, 1988.regardless
of when they were
committed.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 98th Legislature are
enacted into law:
(a) Senate Bill No. 873.
(b) Senate Bill No. 874.
(c) Senate Bill No. 876.
(d) Senate Bill No. ____ or House Bill No. ____ (request no.
01052'15).
(e) Senate Bill No. ____ or House Bill No. ____ (request no.
01053'15).
(f) Senate Bill No. 877.