HB-5245, As Passed House, March 7, 2018

SUBSTITUTE FOR

HOUSE BILL NO. 5245

A bill to amend 1953 PA 232, entitled

"Corrections code of 1953,"

by amending sections 33b and 65 (MCL 791.233b and 791.265), section

33b as amended by 2010 PA 94 and section 65 as amended by 2012 PA

599.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 33b. A Except for a prisoner granted parole under section

35(10), a person convicted and sentenced for the commission of any

of the following crimes other than a prisoner subject to

disciplinary time is not eligible for parole until the person 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, and is not eligible for special parole:

(a) Section 13 of the Michigan penal code, 1931 PA 328, MCL

750.13.

(b) Section 14 of the Michigan penal code, 1931 PA 328, MCL

750.14.

328, MCL 750.72, 750.73, and 750.75.

(d) Section ~~80,~~ 82, 83, 84, 86, 87, 88, 89, or 90 of the

Michigan penal code, 1931 PA 328, MCL ~~750.80,~~ 750.82, 750.83,

750.84, 750.86, 750.87, 750.88, 750.89, and 750.90, or former

section 85 80 of that act.

(e) Section 91 or 92 of the Michigan penal code, 1931 PA 328,

MCL 750.91 and 750.92.

(f) Section 110, 112, or 116 of the Michigan penal code, 1931

PA 328, MCL 750.110, 750.112, and 750.116.

(g) Section 135 , or 136b(2) ~~, or 136b(3)~~ or (3) of the

Michigan penal code, 1931 PA 328, MCL 750.135 and 750.136b, or

former section 136a of that act.

(h) Section 158 of the Michigan penal code, 1931 PA 328, MCL

750.158.

(i) Section 160 of the Michigan penal code, 1931 PA 328, MCL

750.160.

(j) Former section 171 of the Michigan penal code, 1931 PA

328.

(k) Section 196 of the Michigan penal code, 1931 PA 328, MCL

750.196, or former section 194 of that act.

(l) Section 204, 207, 209, or 213 of the Michigan penal code,

1931 PA 328, MCL 750.204, 750.207, 750.209, and 750.213, or former

section 205, 206 or 208 of that act.

(m) Section 224, 226, or 227 of the Michigan penal code, 1931

PA 328, MCL 750.224, 750.226, and 750.227.

(n) Section 316, 317, ~~319,~~ 321, 322, 323, 327, 328, or 329 of

the Michigan penal code, 1931 PA 328, MCL 750.316, 750.317,

~~750.319,~~ 750.321, 750.322, 750.323, 750.327, 750.328, and 750.329,

or former section 319 of that act.

(o) Former section 333 of the Michigan penal code, 1931 PA

328.

(p) Section 338, 338a, or 338b of the Michigan penal code,

1931 PA 328, MCL 750.338, 750.338a, and 750.338b, or former section

341 of that act.

(q) Section 349, 349a, or 350 of the Michigan penal code, 1931

PA 328, MCL 750.349, 750.349a, and 750.350.

(r) Section 357 of the Michigan penal code, 1931 PA 328, MCL

750.357.

(s) Section 386 or 392 of the Michigan penal code, 1931 PA

328, MCL 750.386 and 750.392.

(t) Section 397 or 397a of the Michigan penal code, 1931 PA

328, MCL 750.397 and 750.397a.

(u) Section 436 of the Michigan penal code, 1931 PA 328, MCL

750.436.

(v) Section 511 of the Michigan penal code, 1931 PA 328, MCL

750.511, or former section 517 of that act.

(w) Section 520b, 520c, 520d, or 520g of the Michigan penal

code, 1931 PA ~~382,~~ 328, MCL 750.520b, 750.520c, 750.520d, and

750.520g.

(x) Section 529, 529a, 530, or 531 of the Michigan penal code,

1931 PA 328, MCL 750.529, 750.529a, 750.530, and 750.531.

(y) Section 544 of the Michigan penal code, 1931 PA 328, MCL

750.544, or former section 545a of that act.

(z) Former section 2 of 1950 (Ex Sess) PA 38.

(aa) Former section 6 of 1952 PA 117.

(bb) Section 1, 2, or 3 of 1968 PA 302, MCL 752.541, 752.542,

and 752.543.

(cc) Section 7401(2)(a) ~~, 7401(2)(b),~~ or (b) or 7402(2)(a) ,

~~or 7402(2)(b)~~ or (b) of the public health code, 1978 PA 368, MCL

333.7401 and 333.7402.

Sec. 65. (1) Under rules promulgated by the director of the

department, the assistant director in charge of the bureau of

correctional facilities, except as otherwise provided in this

section, may cause the transfer or re-transfer of a prisoner from a

correctional facility to which he or she was committed to any other

correctional facility, or temporarily to a state institution for

medical or surgical treatment. In effecting a transfer, the

assistant director of the bureau of correctional facilities may

utilize the services of an executive or employee within the

department and of a law enforcement officer of the state.

(2) A prisoner who is subject to disciplinary time and is

committed to the jurisdiction of the department ~~shall~~ must be

confined in a secure correctional facility for the duration of his

or her minimum sentence, except for periods when the prisoner is

away from the secure correctional facility while being supervised

by an employee of the department or by an employee of a private

contractor that operates a facility or institution that houses

prisoners under the jurisdiction of the department for 1 of the

following purposes:

(a) Visiting a critically ill relative.

(b) Attending the funeral of a relative.

secure correctional facility.

(d) Participating in a work detail.

(3) As used in this section, "offender" means a citizen of the

United States or a foreign country who has been convicted of a

crime and been given a sentence in a country other than the country

of which he or she is a citizen. If a treaty is in effect between

the United States and a foreign country, which provides for the

transfer of offenders from the jurisdiction of 1 of the countries

to the jurisdiction of the country of which the offender is a

citizen, and if the offender requests the transfer, the governor of

this state or a person designated by the governor may give the

approval of this state to a transfer of an offender, if the

conditions of the treaty are satisfied.

(4) Not less than 45 days before approval of a transfer

~~pursuant to~~ under subsection (3) from this state to another

country, the governor, or the governor's designee, shall notify the

sentencing judge and the prosecuting attorney of the county having

original jurisdiction, or their successors in office, of the

request for transfer. The notification ~~shall~~ must indicate any name

changes of the offender subsequent to sentencing. Within 20 days

after receiving ~~such~~ notification under this subsection, the judge

or prosecutor may send to the governor, or the governor's designee,

information about the criminal action against the offender or

objections to the transfer. Objections to the transfer ~~shall~~ must

not preclude approval of the transfer.

(5) As used in this section, "secure correctional facility"

means a facility that houses prisoners under the jurisdiction of

the department according to the following requirements:

(a) The facility is enclosed by a locked fence or wall that is

designed to prevent prisoners from leaving the enclosed premises

and that is patrolled by correctional officers.

(b) Prisoners in the facility are restricted to the area

inside the fence or wall.

per week, 24 hours per day.

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 House Bill No. 4101 of the 99th Legislature is enacted into

law.