HB 5448

HOUSE BILL NO. 5448
A bill to amend 1953 PA 232, entitled
"Corrections code of 1953,"
by amending section 35 (MCL 791.235), as amended by
2024 PA 111, and by adding section 35a.
the people of the state of michigan enact:
Sec. 35. (1) The release of a prisoner on parole must
be granted solely upon the initiative of the parole board. There is no
entitlement to parole. The parole board may grant a parole without interviewing
the prisoner if, after evaluating the prisoner according to the parole
guidelines, the parole board determines that the prisoner has a high
probability of being paroled and the parole board therefore intends to parole
the prisoner. Except as provided in subsection (2), a prisoner must not be
denied parole without an interview before 1 member of the parole board. The
interview must be conducted at least 1 month before the expiration of the
prisoner's minimum sentence less applicable good time and disciplinary credits
for a prisoner eligible for good time and disciplinary credits, or at least 1
month before the expiration of the prisoner's minimum sentence for a prisoner
subject to disciplinary time. The parole board shall consider any statement
made to the parole board by a qualified individual
under section 35a or by a crime victim under the William Van Regenmorter
crime victim's rights act, 1985 PA 87, MCL 780.751 to 780.834, or under any
other provision of law. The parole board shall not consider any of the
following factors in making a parole determination:
(a) A juvenile
record that a court has ordered the department to expunge.
(b) Information
that is determined by the parole board to be inaccurate or irrelevant after a
challenge and presentation of relevant evidence by a prisoner who has received
a notice of intent to conduct an interview as provided in subsection (4). This
subdivision applies only to presentence investigation reports prepared before
April 1, 1983.
(2) If, after
evaluating a prisoner according to the parole guidelines, the parole board
determines that the prisoner has a low probability of being paroled and the
parole board therefore does not intend to parole the prisoner, the parole board
is not required to interview the prisoner before denying parole to the
prisoner.
(3) The parole
board may consider but shall not base a determination to deny parole solely on
either of the following:
(a) A prisoner's
marital history.
(b) Prior arrests
not resulting in conviction or adjudication of delinquency.
(4) If an interview
is to be conducted, the prisoner must be sent a notice of intent to conduct an
interview not less than 1 month before the date of the interview. The notice
must state the specific issues and concerns that will be discussed at the interview
and that may be a basis for a denial of parole. The parole board shall not deny
parole based on reasons other than those stated in the notice of intent to
conduct an interview except for good cause stated to the prisoner at or before
the interview and in the written explanation required by subsection (18).
(5) Except for good
cause, the parole board member conducting the interview shall not have cast a
vote for or against the prisoner's release before conducting the current
interview. Before the interview, the parole board member who is to conduct the
interview shall review pertinent information relative to the notice of intent
to conduct an interview.
(6) A prisoner may
waive the right to an interview by 1 member of the parole board. The waiver of
the right to be interviewed must be in writing and given not more than 30 days
after the notice of intent to conduct an interview is issued. During the interview
held under a notice of intent to conduct an interview, the prisoner may be
represented by an individual of his or her the prisoner's choice. The representative shall not
be another prisoner or an attorney. A prisoner is not entitled to appointed
counsel at public expense. The prisoner or representative may present relevant
evidence in support of release.
(7) At least 90
days before the expiration of the prisoner's minimum sentence less applicable
good time and disciplinary credits for a prisoner eligible for good time or
disciplinary credits, or at least 90 days before the expiration of the
prisoner's minimum sentence for a prisoner subject to disciplinary time, or the
expiration of a 12-month continuance for any prisoner, or at the request of the
parole board for a prisoner being considered for parole under subsection (10),
the appropriate institutional staff shall prepare a parole eligibility report.
The parole eligibility report is considered pertinent information for purposes
of subsection (5). The report must include all of the following:
(a) A statement of
all major misconduct charges of which the prisoner was found guilty and the
punishment served for the misconduct.
(b) The prisoner's
work and educational record while confined.
(c) The results of
any physical, mental, or psychiatric examinations of the prisoner that may have
been performed.
(d) Whether the
prisoner fully cooperated with this state by providing complete financial
information as required under section 3a of the state correctional facility
reimbursement act, 1935 PA 253, MCL 800.403a.
(e) Whether the
prisoner refused to attempt to obtain identification documents under section
34c, if applicable.
(f) For a prisoner
subject to disciplinary time, a statement of all disciplinary time submitted
for the parole board's consideration under section 34 of 1893 PA 118, MCL
800.34.
(g) The result on
any validated risk assessment instrument.
(8) The preparer of
the report shall not include a recommendation as to release on parole.
(9) Psychological
evaluations performed at the request of the parole board to assist it in
reaching a decision on the release of a prisoner may be performed by the same
person who provided the prisoner with therapeutic treatment, unless a different
person is requested by the prisoner or parole board.
(10) Except for a
prisoner who was convicted of any crime that is punishable by a term of life
imprisonment without parole or of a violation of section 520b of the Michigan
penal code, 1931 PA 328, MCL 750.520b, the parole board may grant a medical
parole for a prisoner determined to be medically frail. A decision to grant a
medical parole must be initiated on the recommendation of the bureau of health
care services. If the bureau of health care services believes that the prisoner
is medically frail, the bureau shall utilize a specialist in the appropriate
field of medicine, who is not employed by the department, to evaluate the
condition of the prisoner and to report on that condition to the bureau. The
parole board, in consultation with the bureau of health care services, shall
determine whether the prisoner is medically frail. If the parole board
determines that a prisoner is medically frail and is going to be considered for
parole under this subsection, the parole board shall provide the notice and medical
records required under section 34(18). Unless the prosecutor of the county from
which the prisoner was committed files a motion under section 34(19), the
parole board may grant parole to a prisoner who is determined to be medically
frail. If a motion is filed under section 34(19) and the court finds that the
prisoner is eligible for parole as a result of being medically frail, and if no
additional appeals are pending, the parole board may grant parole to the
prisoner under this subsection. The requirements of sections 33(1)(b), (c),
(d), and (f), 33b, and 34(1), (2), (3), (4), (7), (13), (14), (15), (16), and
(17) do not apply to a parole granted under this subsection.
(11) The following
conditions apply to a parole granted under subsection (10):
(a) A prisoner must
only be released on parole under subsection (10) if he or she the prisoner agrees
to all of the following:
(i) His or her The parolee's placement as approved by the parole
board, or, if the parolee is unable to consent because of the parolee's
physical or mental health condition, an individual legally entitled to agree to
the parolee's placement agrees to the parolee's placement as approved by the
parole board.
(ii) To the release of his or her the prisoner's
medical records that are directly relevant to the condition or
conditions rendering the prisoner medically frail to the prosecutor and
sentencing or successor judge of the county from which the prisoner was
committed before the parole board determines whether or not to grant the
prisoner parole under subsection (10).
(iii) An independent medical exam if sought by
the prosecutor of the county from which the prisoner was committed as provided
under section 34(19). If possible, this independent medical exam must occur at
a facility of the department. The reasonable costs of this independent medical
exam must be paid for by the department.
(b) The parolee
shall adhere to the terms of his or her the parolee's parole for the length of the parole
term.
(c) The parole must
be for a term not less than the time necessary to reach the prisoner's earliest
release date.
(d) If the parolee
is medically frail as described under subsection (20)(d)(ii) (20)(e)(ii) and placement of the parolee under subdivision (a) is not in
a medical facility, the parole board shall require the parolee to be subject to
electronic monitoring at the time the parolee is released on parole. The parole
board may remove a requirement for a parolee to be subject to electronic
monitoring under this subdivision if the parole board determines electronic
monitoring is not necessary to protect public safety. A requirement for
electronic monitoring under this subdivision is in addition to any other
requirement for electronic monitoring or monitoring by a global positioning
monitoring system under another law of this state.
(e) A parolee who
violates the terms of his or her the parolee's parole or is determined to no longer
meet the definition of medically frail may be transferred to a setting more
appropriate for the medical needs of the parolee or be subject to the parole
violation process under sections 38, 39, 39a, and 40a as determined by the
parole board and the department.
(f) If the parolee
is placed in a medical facility under subdivision (a), the parolee must only be
placed in a medical facility that agrees to accept the parolee.
(12) The department
shall not retain authority over the medical treatment plan for a prisoner
granted parole under subsection (10) and, if a prisoner granted parole under
subsection (10) is placed in a medical facility, the parolee must have full
patient rights at the medical facility.
(13) The department
and the parole board shall ensure that the placement and terms and conditions
of a parole granted under subsection (10) do not violate any other state or
federal regulations.
(14) A medical
facility housing parolees granted parole under subsection (10) must be operated
in a manner that ensures the safety of the residents of the medical facility.
(15) A parolee
granted parole under subsection (10) and placed in a medical facility has the
same patient rights and responsibilities as any other individual who is a
resident of or has been admitted to the medical facility. The medical facility
is not responsible for the enforcement of conditions of parole or the reporting
of violations of conditions of parole for any parolee placed in the medical
facility. The medical facility shall comply with state and federal laws and
regulations that protect resident rights and state and federal laws and
regulations for skilled nursing facilities, regardless of the conditions of
parole imposed on a resident parolee.
(16) The process
for a parole determination under subsection (10) does not change or affect any
of the rights afforded to a victim under the William Van Regenmorter crime
victim's rights act, 1985 PA 87, MCL 780.751 to 780.834.
(17) The department
shall file a petition to the appropriate court under section 434 of the mental
health code, 1974 PA 258, MCL 330.1434, for any prisoner being paroled or being
released after serving his or her the prisoner's maximum sentence whom the department
considers to be a person requiring treatment. The parole board shall require
mental health treatment as a special condition of parole for any parolee whom
the department has determined to be a person requiring treatment whether or not
the petition filed for that prisoner is granted by the court. As used in this
subsection, "person requiring treatment" means that term as defined
in section 401 of the mental health code, 1974 PA 258, MCL 330.1401.
(18) When the
parole board makes a final determination not to release a prisoner, the parole
board shall provide the prisoner with a written explanation of the reason for
denial and, if appropriate, specific recommendations for corrective action the
prisoner may take to facilitate release.
(19) This section
does not apply to the placement on parole of a person in conjunction with
special alternative incarceration under section 34a(7).
(20) As used in
this section:
(a)
"Activities of daily living" means basic personal care and everyday
activities as described in 42 CFR 441.505, including, but not limited to, tasks
such as eating, toileting, grooming, dressing, bathing, and transferring from 1
physical position to another, including, but not limited to, moving from a
reclining position to a sitting or standing position.
(b) "Crime of violence" means an offense with an element that
involves the use, attempted use, or threatened use of physical force against
the person or property of another individual or an offense that involves a
substantial risk that physical force against the person or property of another
individual may be used in the course of committing the offense.
(c) (b) "Electronic
monitoring" means that term as defined in section 85.
(d) (c) "Medical
facility" means a hospital, hospice, nursing home, or other housing
accommodation providing medical treatment suitable to the condition or
conditions rendering a parolee medically frail.
(e) (d) "Medically
frail" describes an individual who is a minimal threat to society as a
result of the individual's medical condition, whose recent conduct in prison
indicates the individual is unlikely to engage in assaultive conduct, and who
has 1 or more of the following:
(i) A permanent physical disability or
serious and complex medical condition resulting in the inability to walk,
stand, or sit without personal assistance.
(ii) A terminal medical or neurological
condition resulting in a life expectancy of under 18 months.
(iii) A permanent disabling mental disorder,
including dementia, Alzheimer's, or a similar degenerative brain disorder that
results in the need for nursing home level of care, and a significantly
impaired ability to perform 2 or more activities of daily living.
(f) "Qualified individual" means an individual who has lasting
psychological harm from witnessing a crime of violence for which the prisoner
is serving the prisoner's sentence.
Sec. 35a. (1) If
the parole board receives from a qualified individual a written request to
receive notice of a parole hearing, the parole board shall make reasonable
efforts to notify that qualified individual of a scheduled parole hearing and
of the individual's right to submit a written statement to the parole board.
(2) A qualified individual may submit a written statement to the parole
board before a parole hearing. A written statement under this subsection must
be included in the official record of the parole hearing.
(3) The parole board shall consider a statement made under subsection
(2) in the same manner as the parole board considers a victim statement under
the William Van Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.751
to 780.834.
(4) As used in this section, "qualified individual" means that
term as defined in section 35.