A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending sections 31a, 33, 33b, and 34 (MCL 791.231a, 791.233, 791.233b, and 791.234), section 31a as added by 1992 PA 181, sections 33 and 34 as amended by 2019 PA 14, and section 33b as amended by 2019 PA 16, and by adding sections 35a and 83a.
SB 971 amends Section 316 of the Michigan Penal Code, specifically addressing the crime of first-degree murder. The bill outlines that individuals convicted of first-degree murder, which includes premeditated killings, murders committed during the perpetration of certain felonies, and the murder of peace or corrections officers while performing their duties, will be sentenced to life imprisonment without the possibility of parole. The bill also stipulates that upon conviction, the court must immediately commit the individual to the Department of Corrections, pending sentencing, provided the sheriff agrees to transport the individual for final sentencing and the convicted person was at least 18 years old at the time of the offense. The sentencing hearing must occur within 45 days of the commitment. Additionally, the bill introduces a provision allowing individuals convicted of first-degree murder under a felony-murder theory before November 4, 1980, and currently serving life sentences, to be eligible for parole under the Corrections Code of 1953. The bill also includes definitions for terms such as "arson," "corrections officer," "major controlled substance offense," and "peace officer."
SB 972 introduces several amendments to the Corrections Code of 1953, specifically targeting sections 31a, 33, 33b, and 34, and adding new sections 35a and 83a. The primary provisions include expanding the parole board from 10 to 13 members, with the additional members to be appointed by January 1, 2024. The terms for parole board members are set at four years, and the director has the authority to remove members for various forms of misconduct. The bill also stipulates that at least four members must have no prior employment with the Department of Corrections.
The legislation modifies parole eligibility criteria, emphasizing that prisoners must serve their minimum terms before being considered for parole, with specific exceptions outlined for certain crimes and conditions. Notably, it introduces a provision allowing prisoners convicted of first-degree murder under a felony-murder theory before November 4, 1980, to be eligible for parole after serving 40 years. Additionally, the bill mandates that the Department of Corrections provide reentry housing for parolees who lack housing options.
The bill also revises existing statutes by inserting new conditions and exceptions into sections 33, 33b, and 34, and by adding sections 35a and 83a. These changes include specific parole eligibility adjustments for prisoners convicted of serious crimes and those with life sentences, as well as the introduction of a "medically frail" designation that can influence parole decisions. The legislation sets forth detailed timelines for parole board reviews and hearings, including mandatory interviews and file reviews at specified intervals.
Both bills require the passage of the other in order for enactment.
Introduced
by
Referred to the Committee on Civil Rights, Judiciary, and Public Safety
