November 9, 2017, Introduced by Reps. Kesto, Rendon and Whiteford and referred to the Committee on Law and Justice.
A bill to amend 1953 PA 232, entitled
"Corrections code of 1953,"
by amending section 65 (MCL 791.265), as amended by 2012 PA 599,
and by adding section 65j.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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 Except as provided in
section 65j, 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.
(c) Obtaining medical services not otherwise available at the
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.
(c) Prisoners are under guard by correctional officers 7 days
per week, 24 hours per day.
Sec. 65j. (1) The assistant director in charge of the bureau
of correctional facilities may petition the court that sentenced a
prisoner for an order transferring the prisoner for medical or
mental health treatment under this section if the assistant
director has determined that the transfer would pose a minimal risk
to society and has consulted with a physician and that physician
determined 1 or both of the following apply to the prisoner:
(a) The prisoner's physical or mental health has deteriorated
to a point that renders the prisoner a minimal threat to society.
(b) The prisoner requires acute long-term medical or mental
health treatment or services.
(2) The assistant director in charge of the bureau of
correctional facilities shall accompany a petition submitted under
this section with all of the following:
(a) The evidence the assistant director in charge of the
bureau of correctional facilities used to make his or her
determination under subsection (1), including, but not limited to,
the results of the validated risk assessment.
(b) The evidence the physician considered in making a
determination under subsection (1).
(3) Subject to subsection (4), the court that sentenced a
prisoner may enter an order transferring a prisoner under this
section if the court finds that the prisoner requires acute long-
term medical or mental health treatment or services or that the
prisoner's physical or mental health has deteriorated to a point
that renders the prisoner a minimal threat to society. The court's
order must require that the prisoner transferred under this section
be returned to a correctional facility if the prisoner no longer
meets the requirements under this subsection, or if the conditions
described in subsection (4) are no longer satisfied.
(4) A court shall not enter an order transferring a prisoner
under this section unless all of the following conditions are
satisfied:
(a) A placement option has been secured for the prisoner in
the community. A placement option may include, but is not limited
to, home confinement or a medical or mental health facility. A
placement option need not involve any type of supervision of the
prisoner by an employee of the department or an employee of a
private contractor of the department or otherwise be considered a
secure facility. A placement option may involve electronic
monitoring.
(b) For a prisoner who meets the requirements of subsection
(1)(b), the placement option secured under subdivision (a) poses a
minimal risk to society.
(c) The assistant director in charge of the bureau of
correctional facilities has made a reasonable effort to determine
whether expenses related to the placement option secured under
subdivision (a) are covered by Medicaid, a health care policy, a
certificate of insurance, or another source for the payment of
medical expenses or whether the prisoner has sufficient income or
assets to pay for the expenses related to the placement.
(d) The department has provided notice to the prosecutor's
office in the county in which the prisoner was sentenced and to
each victim entitled to notice under the William Van Regenmorter
crime victim's rights act, 1985 PA 87, MCL 780.751 to 780.834.
(5) An order entered under subsection (3) may include a
provision requiring the prisoner to submit to periodic
reexamination by a physician to assess whether the prisoner
continues to meet the requirements for transfer under subsection
(3). If a reexamination reveals that the prisoner no longer meets
the requirements for transfer under subsection (3), the court shall
order the prisoner be returned to a correctional facility for a
term of imprisonment not to exceed the prisoner's sentence, less
time served, for the offense of conviction. For purposes of
calculating time served under this subsection, the time the
prisoner has spent transferred under subsection (3) is treated as
if the prisoner had been imprisoned in a correctional facility.
(6) As used in this section, "electronic monitoring" means
that term as defined in section 85 of the corrections code of 1953,
1953 PA 232, MCL 791.285.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.