SENATE BILL No. 1049

 

 

December 18, 2009, Introduced by Senator WHITMER and referred to the Committee on Judiciary.

 

 

 

     A bill to amend 1953 PA 232, entitled

 

"Corrections code of 1953,"

 

(MCL 791.201 to 791.285) by adding section 36b.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 36b. (1) In addition to any other conditions of parole

 

imposed under this act, an order of parole for a prisoner serving a

 

sentence for a crime listed in subsection (4) is subject to all of

 

the following conditions:

 

     (a) Subject to subsection (2), the term of the order of parole

 

shall be not less than 3 years and may be for the duration of the

 

prisoner's natural life.

 

     (b) The parolee shall be required to participate in a regular

 

program of sex offender treatment.


 

     (c) The prisoner shall be supervised by 1 or more parole

 

officers who have received specialized training in the supervision

 

of sex offenders, including the impact of sexual assault on its

 

victims.

 

     (d) Beginning 180 days after the prisoner's release on parole

 

and continuing every 180 days after that for the duration of his or

 

her term of parole, a parole officer shall prepare a progress

 

report detailing the offender's adjustment and compliance with the

 

conditions of parole including the offender's participation and

 

progress in sex offender treatment. The progress report shall be

 

submitted to the parole board and copies provided to the chief of

 

the local law enforcement agency and the sheriff in the

 

municipality and county in which the offender resides and is

 

registered.

 

     (2) A parolee who is subject to this section and whose term of

 

parole is greater than 3 years, and who has served at least 3 years

 

of that term without having violated his or her conditions of

 

parole, may submit a request to the parole board to discharge him

 

or her from parole. To be valid, the request must be approved by

 

the parole officer chiefly responsible for supervising the parolee

 

and must be supported by a written evaluation suitable to the

 

parole board stating that the parolee has successfully participated

 

in a sex offender treatment program and is not likely to commit a

 

criminal sexual offense if he or she is released from parole. If

 

the parole board approves the request, the parolee shall be

 

considered to have completed his or her term of parole.

 

     (3) The department shall provide the training described in


 

subsection (2)(c) to a sufficient number of parole officers to

 

implement this section.

 

     (4) This section applies to the following offenses:

 

     (a) Criminal sexual conduct in the first, second, or third

 

degree or assault with intent to commit criminal sexual conduct,

 

regardless of the age of the victim.

 

     (b) Any violation of a law of this state or a local ordinance

 

of a municipality that by its nature constitutes a sexual offense

 

in which the victim was less than 18 years of age.