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MI HB5797
Bill
Status
8/15/2012
Primary Sponsor
Joseph Graves
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AI Summary
HB 5797 Summary
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Amends parole eligibility and procedures in Michigan's Corrections Code for prisoners sentenced to indeterminate sentences and life sentences.
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Establishes that parole board decisions to release prisoners are subject to appeal by the prosecutor, state attorney general, or crime victim, with review conducted under an abuse of discretion standard that considers whether the parole board's determination falls outside a principled range of outcomes.
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Requires the parole board to maintain complete records of parole determination proceedings for certain serious crimes (murder, sexual conduct, human trafficking, terrorism, child abuse) including specific findings and factual basis, maintained for at least 6 months after prosecution notification.
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Allows prisoners convicted of drug violations under Public Health Code section 7401(2)(a) who were sentenced to life imprisonment before October 1, 1998 to become parole-eligible 2-1/2 years earlier if they cooperated with law enforcement, as determined on the record at sentencing.
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Adds requirements for life sentence parole hearings including initial parole board interview at 10-year mark, file review at 15-year mark and every 5 years thereafter, public hearing procedures modeled on pardon/commutation hearings, and sentencing judge notification with veto rights within 30 days.
Legislative Description
Corrections; parole; standard of review for parole board release decisions; modify, and allow for attorney general intervention. Amends sec. 34 of 1953 PA 232 (MCL 791.234).
State agencies (existing), corrections
Last Action
Printed Bill Filed 08/16/2012
9/11/2012