June 21, 2006, Introduced by Rep. Waters and referred to the Committee on Judiciary.
A bill to allow the issuance of good conduct certificates to
certain persons who were convicted of felonies; to require certain
fees; and to provide for certain powers and duties of certain state
officers and agencies.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. As used in this act:
(a) "Offender" means a person who was convicted of a felony in
a court of this state.
(b) "Victim" means that term as defined in section 2 of the
crime victim's rights act, 1985 PA 87, MCL 780.752.
Sec. 2. (1) An offender may apply to receive a certificate of
good conduct as provided in this act. The offender shall submit the
application to the clerk of the circuit court in the county in
which the offender resides.
(2) An offender must wait to file an application under this
section until 3 years have elapsed from the date of the offender's
discharge from parole or probation or release from a state
correctional facility, county jail, or other correctional facility,
whichever is later.
(3) The offender is responsible for providing to the court a
certified copy of the entry of judgment and any other documentation
of the sentence given for the offense for which the offender was
convicted, as well as documentation of the date of discharge from
supervision or release from a jail or correctional facility,
whichever is applicable. If the offender is seeking a certificate
of good conduct covering more than 1 offense, then the offender is
responsible for providing sentencing and release documentation on
all offenses. In cases in which the offender is applying for a
certificate on more than 1 offense, the proper period for filing
the application is the latest of the relevant periods listed in
subsection (2).
(4) The fee for filing an application under this section is
$150.00. This fee shall be paid to the clerk of the court and shall
be applied to any processing of the application, including, but not
limited to, the costs associated with investigating the
application, notifying relevant parties, scheduling hearings,
printing the certificates, and recording and reporting the court's
determination.
(5) An offender whose application for a certificate of good
conduct is denied may reapply after a period of 12 months has
elapsed from the date of the denial or earlier as determined by the
court at the time of the denial. On reapplication, the offender
must meet the criteria for eligibility in this section and must
meet the burden of proof in section 3.
(6) An offender whose application for a certificate of good
conduct is granted may, under this section, after a period of 3
years, apply to the court to renew the certificate of good conduct
for the period between the date of the certificate's issuance and
the date of the application.
Sec. 3. An offender who applies for a certificate of good
conduct must demonstrate in the application that each of the
following conditions, to the extent that each applies to the
particular circumstances, has been satisfied since the date of
release from all correctional supervision:
(a) The offender has paid all financial obligations levied
pursuant to his or her conviction.
(b) The offender has not been convicted of a new criminal
offense, other than a minor misdemeanor traffic offense.
(c) The offender's operator's or chauffeur's license has not
been suspended by a court.
(d) The offender has maintained financial responsibility for
any motor vehicle as required by law.
(e) The offender has met any child and spousal support
obligation, as required by law.
(f) The offender has paid all due state, federal, and local
income taxes and has timely filed all associated income tax
returns, as required by law.
Sec. 4. In determining whether to grant an application for a
certificate of good conduct from an eligible offender, the court
may consider any other evidence of the offender's good conduct and
good citizenship during the period specified in section 2,
including, but not limited to, all of the following:
(a) Maintaining a residence for a substantial period.
(b) Maintaining gainful employment; or, if the offender was
not in the labor force at any time during the relevant period and
the offender's employment was not necessary to meet the financial
needs of the offender or his or her dependents, demonstrating other
acceptable means of support, such as pensions, disability payments,
spousal or child support, or scholarships or grants.
(c) Evidence that the offender has adequately addressed any
drug or alcohol abuse or addiction, if previously assessed or
ordered into treatment by a judicial or correctional authority.
(d) Letters of reference.
(e) Documentation of the offender's service to the community
or to specific individuals in need.
Sec. 5. (1) Upon receiving an application under this act, the
court shall set a date for a hearing. The hearing shall be set
within 90 days of the date of the filing, but may be continued for
good cause shown.
(2) After the hearing date is set, the court shall forward the
application and its supporting documentation to its probation
department or other appropriate agency to investigate the
application. The agency shall file a written report to the court
within 30 days of receiving the case file from the court.
(3) Upon receiving the written report on the application from
the court's investigative agency, the court shall notify the
prosecutor of the application and the hearing date. In its
notification, the court shall forward a copy of the application,
the supporting documentation, and the written report of the
investigative agency within 30 days of the date of the hearing.
(4) Upon receiving notice from the court, the prosecutor shall
notify the victim of any offense for which the application is being
made. The victim may submit to the prosecutor a statement that is
limited to describing the offender's conduct during the relevant
period for the application or reapplication for, or a renewal of, a
certificate of good conduct.
(5) If the prosecutor wishes to file an objection to the
application, the objection shall specify the reasons the
application should be denied and shall be filed with the court
within 7 days after the hearing date. The prosecutor shall
incorporate in any objection to the application only information
that pertains to the offender's conduct during the 3-year filing
period specified in section 2. The prosecutor shall also forward a
copy of the objection to the offender or offender's attorney not
later than 7 days before the date of the hearing. The prosecutor's
objection and the reasons for that objection shall be limited to
the offender's conduct during the relevant period specified in
section 2.
(6) If the court is satisfied, based on the materials
submitted by the offender or the investigative agency and with
reference to the eligibility criteria set forth in section 2 or the
guidance factors listed in section 3, that the application should
be denied, then the court may deny the application without a
hearing. The court must provide notice of the denial of the
application to the offender in a timely fashion.
(7) If the court is satisfied, based on the materials
submitted by the offender and the investigative agency and with
reference to the eligibility criteria set forth in section 2 and
the guidance factors listed in section 3, that the application
should be granted, then the court may grant the application without
a hearing. If the application is granted, then the court shall
issue a written order attesting to this fact and shall issue a
certificate of good conduct, as specified in section 6, to the
offender in a timely fashion. The court shall not grant an
application for a certificate of good conduct without a hearing if
the prosecution has timely filed an objection under this section.
(8) At any hearing on the application for the issuance of a
certificate of good conduct, the eligible offender has the burden
of going forward and of persuading the court by a preponderance of
the evidence that the offender has satisfied the conditions and
guidance factors set forth in section 3. The evidence presented at
the hearing shall be limited to describing the defendant's conduct
during the 3-year filing period specified in section 2. If the
court determines that the offender has met his or her burden, then
the court shall issue a written order attesting to this fact and
shall issue a certificate of good conduct, as specified in section
5. If the court determines that the offender has not met his or her
burden, then the court shall deny the application in a written
order.
Sec. 6. (1) If an application filed under this section is
approved, the court approving the application shall issue to the
successful offender a certificate of good conduct. The certificate
of good conduct shall contain all of the following information:
(a) The name of the court granting the certificate.
(b) The name of the successful offender.
(c) The period for which the offender's certificate of good
conduct relates, namely from the date specified in section 2 to the
date the certificate was granted, or, if the certificate is being
renewed, from the date of the first granted certificate to the date
the certificate's renewal is granted.
(d) A statement, in terms substantially similar to the
following, that the successful offender has done all of the
following:
(i) Complied with all terms and conditions of all relevant
sanctions imposed.
(ii) Complied with all legal requirements for earning the
certificate during the period from (date) to (date).
(e) A statement of the proper uses for the certificate as
provided in subsection (3).
(2) A certificate issued under this section does not relieve
the person to whom it is granted of all disabilities arising out of
the conviction or convictions from which it is granted. The
granting of a certificate under this section does not seal the
offender's criminal records. An offender is not relieved of his or
her duty to inform others of his or her criminal past, including
his or her duty to register as a sex offender under the sex
offenders registration act, 1994 PA 295, MCL 28.721 to 28.732.
(3) A certificate of good conduct shall be considered in any
decision by any government entity regarding the offender's fitness
to receive any benefit, license, employment, civil right, or other
consideration. The certificate may be considered by any other
agency or entity regarding the offender's fitness to receive any
benefit, license, employment, civil right, or other consideration.
Sec. 7. (1) The circuit court, when it issues the certificate
of good conduct, shall forward a certified copy of the certificate
to the sentencing court or courts in all cases for which the
application was made. The sentencing court or courts shall maintain
the copy of the offender's certificate of good conduct in the
original case file. The court that issues the certificate of good
conduct shall forward the name of the successful offender, as well
as any other pertinent or requested identifying information, to the
state police criminal justice information center in a timely
fashion.
(2) The state police criminal justice information center shall
amend the criminal records of any person who has received a
certificate of good conduct under this section to reflect that
fact. The person's record shall indicate to which offenses the
certificate of good conduct apply and the legal effect of the
certificate on those offenses. The state police criminal justice
information center shall forward the names of those persons who
have received a certificate of good conduct to the office of
attorney general for publishing in accordance with subsection (3).
(3) The attorney general shall compile the names of those
persons who have received a certificate of good conduct and shall
publicly publish the names of those persons and the dates the
certificates were granted so that potential employers and other
interested parties may readily access that information. The
information shall be updated and published in a manner determined
reasonable by the attorney general.
(4) If a court grants the renewal of a certificate of good
conduct under this section, the court shall transmit that
information as indicated for the initial granting of the
certificate of good conduct listed in subsection (1). The state
police criminal justice information center and the attorney general
shall record and publish the renewal information transmitted by the
granting court as indicated for the initial granting of the
certificate in this section.
Sec. 8. If a person has been granted a certificate of good
conduct commits a new criminal offense, other than a minor
misdemeanor traffic offense, the court that sentences the person on
that offense shall forward the information regarding that offense
to the state police criminal justice information center so that it
can update its records and databases concerning the person and the
previously granted certificate of good conduct. The state police
criminal justice information center shall provide the information
to the attorney general so that it may update its records and
databases to include information of the certificate holder's
convicted offense.