HB-4132, As Passed House, May 2, 2019

HB-4132, As Passed Senate, May 2, 2019

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4132

 

 

February 6, 2019, Introduced by Reps. Bolden, Tyrone Carter and Filler and referred to the Committee on Judiciary.

 

     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.

 

     (c) Section 72, 73, or 75 of the Michigan penal code, 1931 PA

 

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.

 

     (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.

 

     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 Senate Bill No. ___ or House Bill No. 4129 (request no.

 

01446'19) of the 100th Legislature is enacted into law.