HOUSE BILL No. 4702


     May 18, 1999, Introduced by Reps. Faunce, Law, Sanborn, DeHart, Richner, O'Neil,
Julian, Kelly and Shulman and referred to the Committee on Criminal Law and Corrections.


        A bill to amend 1953 PA 232, entitled

   "An act to revise, consolidate, and codify the laws relating to
   probationers and probation officers, to pardons, reprieves, com-
   mutations, and paroles, to the administration of correctional
   institutions, correctional farms, and probation recovery camps,
   to prisoner labor and correctional industries, and to the super-
   vision and inspection of local jails and houses of correction; to
   provide for the siting of correctional facilities; to create a
   state department of corrections, and to prescribe its powers and
   duties; to provide for the transfer to and vesting in said
   department of powers and duties vested by law in certain other
   state boards, commissions, and officers, and to abolish certain
   boards, commissions, and offices the powers and duties of which
   are transferred by this act; to allow for the operation of cer-
   tain facilities by private entities; to prescribe the powers and
   duties of certain other state departments and agencies; to pro-
   vide for the creation of a local lockup advisory board; to pre-
   scribe penalties for the violation of the provisions of this act;
   to make certain appropriations; to repeal certain parts of this
   act on specific dates; and to repeal all acts and parts of acts
   inconsistent with the provisions of this act,"

   by amending section 38 (MCL 791.238), as amended by 1994 PA 217.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:





   02622'99                                                 DRM
                                              2

 1         Sec. 38.  (1) Each prisoner on parole shall remain in the

 2    legal custody and under the control of the department.  The
             

 3    SUBJECT TO SUBSECTION (2), THE deputy director of the bureau of

 4    field services, upon a showing of probable violation of parole,

 5    may issue a warrant for the return of any paroled prisoner.

 6    Pending a hearing upon any charge of parole violation, the pris-

 7    oner shall remain incarcerated.

 8         (2) IF THE CONDUCT CONSTITUTING THE PROBABLE VIOLATION OF

 9    PAROLE WOULD ALSO CONSTITUTE A FELONY, THE PROSECUTING ATTORNEY

10    FOR THE COUNTY IN WHICH THE CONDUCT OCCURRED MAY REQUEST THAT THE

11    DEPUTY DIRECTOR ISSUE A WARRANT DESCRIBED IN SUBSECTION (1).  IF

12    THERE IS PROBABLE CAUSE TO BELIEVE THAT THE PAROLED PRISONER

13    ENGAGED IN CONDUCT THAT WOULD CONSTITUTE A FELONY, THE DEPUTY

14    DIRECTOR SHALL ISSUE THE WARRANT PROMPTLY UPON RECEIVING THE

15    REQUEST FROM THE PROSECUTING ATTORNEY.  THE PROSECUTING ATTORNEY

16    WHO MADE THE REQUEST SHALL BE A PARTY IN ALL HEARINGS AND PRO-

17    CEEDINGS HELD UNDER SECTIONS 39A TO 41 REGARDING THE POSSIBLE

18    RESCISSION OF THAT PRISONER'S PAROLE.

19         (3)  (2)  A prisoner violating the provisions
             of his or her

20    parole and for whose return a warrant has been issued by the

21    deputy director of the bureau of field services is treated as an

22    escaped prisoner and is liable, when arrested, to serve out the

23    unexpired portion of his or her maximum imprisonment.  The time

24    from the date of the declared violation to the date of the

25    prisoner's availability for return to an institution shall not be

26    counted as time served.  The warrant of the deputy director of

27    the bureau of field services is a sufficient warrant authorizing



   02622'99
                                   3

 1    all officers named in the warrant to detain the paroled prisoner

 2    in any jail of the state until his or her return to the state

 3    penal institution.

 4         (4)  (3)  If a paroled prisoner fails to
             return to prison

 5    when required by the deputy director of the bureau of field serv-

 6    ices or if the paroled prisoner escapes while on parole, the

 7    paroled prisoner shall be treated in all respects as if he or she

 8    had escaped from prison and is subject to be retaken as provided

 9    by the laws of this state.

10         (5)  (4)  The parole board, in its discretion,
             may cause the

11    forfeiture of all good time to the date of the declared

12    violation.

13         (6)  (5)  A prisoner committing a crime while
             at large on

14    parole and being convicted and sentenced for the crime shall be

15    treated as to the last incurred term as provided under section

16    34.

17         (7)  (6)  A parole shall be construed as a
             permit to the

18    prisoner to leave the  prison  STATE CORRECTIONAL
             FACILITY, and

19    not as a release.  While at large, the paroled prisoner shall be

20    considered to be serving out the sentence imposed by the court

21    and, if he or she is eligible for good time, shall be entitled to

22    good time the same as if confined in a state correctional

23    facility.











   02622'99          Final page.                            DRM