SENATE BILL NO. 424

May 06, 2021, Introduced by Senators VANDERWALL, SANTANA, WOJNO, BULLOCK, CHANG, BAYER and GEISS and referred to the Committee on Health Policy and Human Services.

A bill to amend 1953 PA 232, entitled

"Corrections code of 1953,"

by amending sections 38 and 42 (MCL 791.238 and 791.242), section 38 as amended by 1994 PA 217 and section 42 as amended by 2006 PA 170, and by adding section 42a.

the people of the state of michigan enact:

Sec. 38. (1) Each prisoner on parole shall must remain in the legal custody and under the control of the department. The deputy director of the bureau of field services, operations administration, upon a showing of probable violation of parole, may issue a warrant for the return of any paroled prisoner. Pending a hearing upon any charge of parole violation, the prisoner shall must remain incarcerated.

(2) A prisoner violating the provisions of his or her parole and for whose return a warrant has been issued by the deputy director of the bureau of field services operations administration is treated as an escaped prisoner and is liable, when arrested, to serve out the unexpired portion of his or her maximum imprisonment. The time from the date of the declared violation to the date of the prisoner's availability for return to an institution shall is not be counted as time served. The warrant of the deputy director of the bureau of field services operations administration is a sufficient warrant authorizing all officers named in the warrant to detain the paroled prisoner in any jail of the state until his or her return to the state penal institution.

(3) If a paroled prisoner fails to return to prison when required by the deputy director of the bureau of field services operations administration or if the paroled prisoner escapes while on parole, the paroled prisoner shall must be treated in all respects as if he or she had escaped from prison and is subject to be retaken as provided by the laws of this state.

(4) The parole board, in its discretion, may cause the forfeiture of all good time to the date of the declared violation.

(5) A prisoner committing a crime while at large on parole and being convicted and sentenced for the crime shall must be treated as to the last incurred term as provided under section 34.

(6) A parole shall be construed as is a permit to the prisoner to leave the prison, and is not as a release. While Subject to section 42a, while at large, the paroled prisoner shall be considered to be is serving out the sentence imposed by the court and, if he or she is eligible for good time, shall be is entitled to good time the same as if confined in a state correctional facility.

Sec. 42. (1) If Subject to section 42a, if a paroled prisoner has faithfully performed all of the conditions and obligations of parole for the period of time fixed in the order of parole, and has obeyed all of the rules and regulations adopted by the parole board, the prisoner has served the full sentence required. The parole board shall enter a final order of discharge and issue the paroled prisoner a certificate of discharge.

(2) Parole shall must not be granted for a period less than 2 years in a case of murder, actual forcible rape, armed robbery, armed, kidnapping, extortion, or breaking and entering an occupied dwelling in the nighttime unless the maximum time remaining to be served on the sentence is less than 2 years.

(3) Parole shall must only be granted for life for a prisoner sentenced under section 520b(2)(b) of the Michigan penal code, 1931 PA 328, MCL 750.520b.

Sec. 42a. (1) Except for a parole granted as described under section 42(2) and (3) and subject to this section, a term of parole may be reduced by 45 days for every 6 months that a qualified parolee complies with the requirements of a medication-assisted program for the treatment of an alcohol use disorder or opioid use disorder approved by the department.

(2) If a term of parole is reduced under this section, the parole order must be amended in writing to reflect the reduction.

(3) The parole board shall not grant the reduction in the term of parole under subsection (1) to a qualified parolee if he or she commits either of the following during his or her term of parole regardless of his or her compliance with a medication-assisted program for the treatment of an alcohol use disorder or opioid use disorder:

(a) An act that directly threatens, endangers, or injures another person.

(b) A violation of a law of this state, a political subdivision of this state, another state, or the United States or of tribal law, that is not a law related to the use or possession of a controlled substance, unless the parole board determines the primary cause of the violation was the parolee's identified substance use disorder and another person was not threatened, endangered, or injured by the conduct giving rise to the violation.

(4) A parole order must indicate if the individual is a qualified parolee.

(5) As used in this section:

(a) "Nonviolent offense" means a crime that does not involve the use of any force against or injury to another person.

(b) "Qualified parolee" means an individual granted parole for 1 or more convictions for a controlled substance offense or for a nonviolent offense that the presentence investigation or parole board interview indicates was primarily the result of controlled substance or alcohol use.