SB 882

SENATE BILL NO. 882
A bill to amend 1953 PA 232, entitled
"Corrections code of 1953,"
by amending section 44 (MCL 791.244), as amended by
2017 PA 8.
the people of the state of michigan enact:
Sec. 44. (1) Subject to the constitutional authority of
the governor to grant reprieves, commutations, and pardons, 1 member of the
parole board shall may
interview a prisoner serving a sentence for murder in the first degree
or a sentence of imprisonment for life without parole at the conclusion of 10 calendar years and thereafter as
determined appropriate by the parole board, until such time as the prisoner is
granted a reprieve, commutation, or pardon by the governor, or is deceased. The
interview schedule prescribed in this subsection applies to all prisoners to
whom this section or section 44a applies, regardless of when they were
sentenced.
(2) Except in cases
in which a commutation is requested based in part on a prisoner's medical
condition and in which the governor has requested that the parole board
expedite its review and hearing process under section 44a, upon its own
initiation of, or upon receipt of an application for, a reprieve, commutation,
or pardon, the parole board shall do all of the following, as applicable:
(a) Not more than
60 days after receipt of an application, conduct a review to determine whether
the application for a reprieve, commutation, or pardon has merit.
(b) Deliver either
the written documentation of the initiation or the original application with
the parole board's determination regarding merit, to the governor and retain a
copy of each in its file, pending an investigation and hearing.
(c) Within 10 days
after initiation, or after determining that an application has merit, forward
to the sentencing judge and to the prosecuting attorney of the county having
original jurisdiction of the case, or their successors in office, a written
notice of the filing of the application or initiation, together with copies of
the application or initiation, any supporting affidavits, and a brief summary
of the case. Not more than 30 days after receipt of notice of the filing of any
application or initiation, the sentencing judge and the prosecuting attorney,
or their successors in office, may file information at their disposal, together
with any objections, in writing. If the sentencing judge and the prosecuting
attorney, or their successors in office, do not respond after not more than 30
days, the parole board shall proceed on the application or initiation.
(d) If an
application or initiation for commutation is based on physical or mental
incapacity, direct the bureau of health care services to evaluate the condition
of the prisoner and report on that condition. If the bureau of health care
services determines that the prisoner is physically or mentally incapacitated,
the bureau shall appoint 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. These reports are protected by the doctor-patient
privilege of confidentiality, except that these reports shall must be
provided to the governor for his or her the governor's review.
(e) Within 270 days
after initiation by the parole board or receipt of an application that the
parole board has determined to have merit under subdivision (a), make a full
investigation and determination on whether or not to proceed to a public
hearing.
(f) Conduct a
public hearing not later than 90 days after making a decision to proceed with
consideration of a recommendation for the granting of a reprieve, commutation,
or pardon. The public hearing must be held before a formal recommendation is
transmitted to the governor. One member of the parole board who will be
involved in the formal recommendation may conduct the hearing, and the public
must be represented by the attorney general or a member of the attorney
general's staff.
(g) Not fewer than
30 days before conducting the public hearing, provide written notice of the
public hearing by mail to the attorney general, the sentencing trial judge, and
the prosecuting attorney, or their successors in office, and each victim who requests
notice under the William Van Regenmorter crime victim's rights act, 1985 PA 87,
MCL 780.751 to 780.834.
(h) Conduct the
public hearing under the rules promulgated by the department. Except as
otherwise provided in this subdivision, a person having information in
connection with the pardon, commutation, or reprieve must be sworn as a
witness. A person who is a victim must be given an opportunity to address and
be questioned by the parole board at the hearing or to submit written testimony
for the hearing. In hearing testimony, the parole board shall give liberal
construction to any technical rules of evidence.
(i) Transmit its
formal recommendation to the governor.
(j) Make all data
in its files available to the governor if the parole board recommends the
granting of a reprieve, commutation, or pardon.
(3) Except for
medical records protected by the doctor-patient privilege of confidentiality,
the files of the parole board in cases under this section are matters of public
record.