Michigan Votes Forum

Introduced in the House on March 29, 2007, to explicitly establish in statute that the state’s parole guidelines should protect the public while also reflecting a prisoner's actual current risk for reoffending and encouraging positive institutional conduct and participation in institutional programs. The bill establishes certain specific factors that may indicate these things, and revises certain procedures to try to match up the indicators with the specified goals in the parole decision process

The vote was 57 in favor, 48 opposed and 5 not voting

(House Roll Call 854 at House Journal 85)

Click here to view bill details.

This is something that should have been done long ago!! Finally someone is stepping up to the plate to help Michigan! Thank you!!!!!!!!!!!

This is good timing considering the shape our State is in financially! Good Work! I would really like to see a total reform of the Correctional Dept. and this is a good start. Too many people are placed in correctional facilities who could be dealt with in other ways. For instance, jail time for child support offenders makes no sense to me. Tether them (they pay for the tether program) and garnish their wages. If they lose their jobs, make them do 40 hours of community service each week without pay and no welfare... that'll give them incentive to find even a minimum wage job. Drunk drivers should be tethered (again, paying to be monitored) and their vehicles should have a mechanism in place whereas they have to blow into it to get it started (again, they pay for it). Make them pay for drug testing every day at first, after a while of doing that... slowly cut back to several times a week, etc. Too much financial burden is placed on the State to monitor these people. Also, Judges should issue more "flat time" so that the Parole Board isn't so over burdened. Anyway, just a few thoughts on the subject....

Finally someone is making some progress with the state of MI and the MDOC! Thank you Mr. Condino and Mr. Cushingberry!

This is definitely a step in the right direction to saving tax payers money and using our money to it's fullest potentional.I wish the state would take this same common sense approach with the sor's list.The state police is being cut and it would be nice once again for the state to utilize our tax dollars to the fullest and target our limited resources towards people who are truly a threat to society.Their needs to be major overhauling in all the areas of correction.It's to our advantage as a society to get as many people as possible on the right side of the law and living a decient life,working,paying taxes,and ect.

This bill contains so many provisions that are overdue. Congratulations to Representatives Condino, Bieda, Smith, and Warren for having the courage to honesty deal with injustices which have persisted for far too long. Parole consideration should be based on the prisoner's current status and should not be mere examples of re-sentencing. This Bill would put into practice Governor Granholm's question of who is in prison: "Are we afraid at them - or mad at them?" Our State cannot afford now (and never could) to continue the incarceration of an individual just because we are mad at them. Please pass this bill with all speed possible!

I don't know all of the details but anything that can change the parole process in a positive manner is a good move. My husband has been denied parole 3 times, has a per of +13, and has done everything required. The Board needs to release many of these guys that are past their erd.

Your doing an OUTSTANDING job for the "over" taxed working class in Michigan! There are many people in the MDOC facilities that can contribute to Michigan's economy by being released and working to keep up themselves. I know that Livingston County has already started a "Second Chance" program and is working closely with parolee's. Thank God! We need more people like you to leading the way in Michigan. Just when I was thinking of selling my home and moving over the Ohio boarder (My job is in Ann Arbor), I am seeing a Great plan in action. I pray that God guides you to keep pressing forward. Thank you!

Great to hear! This is definitely something that should hve been implemented a long time ago. The parole board carries way to much power and should be releasing low risk offenders. This being said, I don't envy the jobs of the parole board members but I pray to God that this has a positive outcome for everyone involved. Take care and God bless!

I definately support this bill! I personally believe that the actions of the Parole Board and Parole Guidelines reflect our current MASS incarceration and recividsm rate! This is an issue LONG past overdue and KUDOS to the people behind it!!!!

Thank you for getting an important bill reveiwed. Our parole board has become a kangaroo court by usurping the minimum sentences set by judges. The state will, for once, save big money in the long run.

My husband has been incarcerated for twenty years and he has completed every program required and taken every educational program they have some more than twice. He is about 7 years pass his minimum sentence. He has great support and family awaiting his return. I feel that keeping an individual past their ERD when they have met the requirements and continues to met the requirements that they should be given an opportunity to return home. I'm just thankful that God has kept our family together because the strain on the family is great and the cost we have paid is even greater. All the way around he as well as myself understand the road we have endured and we also understand the price we've paid because of this I just hope and pray that our chance comes after all these years. Last but surely not least we have been together 25 years and twenty of those years he has been behind the walls. I said that to say this never leave them alone fight for your family member locked away if their is any chance for their freedom. Thanks for giving me a chance to speak Satin

are you going to be surprised when your loved one re-offends? are you going to be as supportive?

just wait a while, the governor is going to release 5,500 "low risk" inmates. perhaps your loved one will be among them.

I'm really glad to see this bill introduced and I hope it passes. I've seen the abuses of the parole board and it definitely needs some re-engineering. They have way too much power and someone needs to oversee them

Well said!!!

I AM ESTATIC THAT SOMETHING IS BEING DONE ABOUT THE PAROLE BOARD AND THE POWER THAT THEY HAVE. I HAVE A LOVED ONE THAT'S INCARCERATED AND WHO'S ALSO BEEN ELIGIBLE FOR PAROLE FOR QUITE SOME TIME NOW. HAS DONE ALL REQUIRED CLASSES, AND IS NOW HELPING OTHERS THERE AS WELL, HAS A GOOD PAROLE SCORE, AND HAS BEEN FLOPPED 3 X...SO IT'S TIME OUT FOR THE PAROLE BOARD'S ABUSE.

I whole heartedly agree with this bill! I know someone that went back on a parole violation, does everything right, even facilitates all the MPRI programs at his prison and still gets flopped with no feedback other than stay out of trouble. The counselor even spoke up at the parole hearing saying what a change he had seen. I have to imagine there are many in this situation that could be sent home. Meanwhile there are talks about how to increase taxes, take money from schools, decrease health care, etc. It doesn't make any sense!

according to state department of corrections statistics, over sixty percent(at last count) of inmates released will re-offend within three years, and over ninety percent will re-offend within seven. that leaves your loved one in that small ten percentile that has ACTUALLY CHANGED, after violating his parole. it's a pity his change couldn't come BEFORE he violated parole.

I just love how you can generalize about everyone when you probably don't know about anyone. If you are ignorant of what is really going on you should do us all a favor and keep your mouth shut. This bill is what is needed in order to have true Truth-In-Sentencing. The Michigan Parole Board Members have this wonderful loophole that allows them to be judge, jury, and hangman all in one. If they don't like your case, they will never let you out until you do the maximum. TIS and the sentencing guidelines that support it require the judge to set a minimum and maximum sentence. the maximum sentence is defined by the law that was broken, the minimum sentence is defined by the sentencing guidelines. The crime that the inmate is in for should not be the sole concern of the MI parole board members. Their job is to determine if the inmate, if released, would pose a threat to public safety. if the MDOC were doing their jobs correctly, instead of partying every day, throwing bar-b-ques on our dime, the right mental health and other types of programs would be available to help people who have committed crimes. This does not in any way excuse the person who committed the crime. It is supposed to help them go back into society in a positive way. The inmate still has to help themselves by showing that they want to do this, to really rehabilitate themselves. You are going to say that they all lie to get out. That is not true. They ALL don't lie. Again, you would be generalizing. That is like saying that all of one race is bad or all children are bad, and I could go on and on. The people of this state need to wake up to what is really going on with the MDOC and the legislators who preach the "fear factor" speech. The MDOC doesn't have a 2bil. budget for nothing. but, the real question is where is it all really spent. If you want to talk stats, putting everyone in prison has not reduced the crime rate, as the legislators have told everyone it would. It has only fed the unions and other contract companies that provide services to the MDOC with lots of $$$$$. We the people should be asking for a true accounting/balance sheet of every dime that is spent, because it is yours and mine. When that paycheck comes in every week or two weeks, some of that money heads to lansing to pay these people to do a job. I feel that they have not done a good enough one. Lisa

again, the solution to the problem you profess to have is simple. build a case against the parole board, be specific as to which crimes, exactly they have committed, and which laws they have broken, and bring your case to the attorney general. he will have no choice but to hand out endictments like cards at a eucre tournament.

so your loved one DIDN'T do anything about this crime AT THE TIME IT WAS COMMITTED, but instead waited, plotting and planning, and DID SOMETHING LATER. that is what we call vigilantism. it is NEVER considered self defense. you, as an attorney should know that. you are probably heartsick because you couldn't, or wouldn't do anything about it at the time either. your loved one's poor choices did put him in jail, his lust for revenge sat and festered, till your loved one went out with an illegally possessed weapon and committed a HATE CRIME. you now have three choices. do you 1. defend those like your loved one? 2. prosecute those like your loved one? 3. represent those like your loved one in civil lawsuits against everybody they wronged in the first place? such is the lot of the attorney. congratulations, you, too have chosen well.

The loophole that exists pretty much prevents making a case with the 6th District Court against the MI parole board. There have been other cases that were filed in the past 5 years about the descriminatory practices that basically went against the 14th amendment (due process). They have never gone the inmates way. Fighting the parole board in michigan is like fighting city hall, you almost never win. I'm not saying to give up the fight, because it is a fight worth fighting. But, it is a VERY difficult one and without a group of people fighting against them for their descriminatory practices and without proper changes in the legislation that would prevent them from doing what they are doing, it is almost a no-win situation. The MI supreme court wins too, when a person appeals their case. It has been brought up time and again about the connections of some of the judges to the State Attorney Generals office. Someones family member works for someone else and so forth. It is so easy to get into prison. It is harder than *&^% to get out, even if you do everything they tell you to do and really try and reform.

There has been recent action on this, it is about time. On May 24, 2007 Rep. Tobocman I hereby give notice that on the next legislative session day I will move to discharge the Committee on Judiciary from further consideration of House Bill No. 4548. What does this mean? In both houses, a majority vote of the members serving on a committee is necessary to report a bill. If a committee fails to report a bill, a motion to discharge the committee from consideration of the bill may be offered in the house having possession of the bill. If this motion is approved by a vote of a majority of the members elected and serving, the bill is then placed in position on the calendar for floor action. In the House, at least a one-day prior notice of the motion to discharge must be given to the Clerk of the House. The question is when will it happen?

This bill is much needed at a time where 40% of inmates are eligible by law for parole but are being housed for MONEY!!!!!!! The parole board is not following guidelines, using the crime, which has already been considered during sentencing, instead of the probability score and behavior during incarceration, to decide parole. Basically what they are doing is OVERRIDING the judges sentencing, so why do we need judges? The only excuse they are giving many is "we don't feel you have served enough time" even though classes have been completed, and their probability score is within range for release, I guess what the parole board is trying to do is call judges incompetent and show how a bunch of political appointees are so much more qualified to determine sentence. These bills will make many changes including giving the inmate the right to appeal the decision if their score fits parole guidlines, no longer will this tyrannical board just base the decision on their bias of the crime, they will have to provide JUST CAUSE for holding the inmate not just because they want to. Good riddance to the power hungry, judge overriding, crooks on the board, and the backlog and waste of taxpayer money they have caused. This current board is a laughing stock.

judge when you let the inmate out early? the judge gave a minimum and a maximum. he decided on both. no less than the minimum and no more than the maximum. other than that, he gave all the decision making power to the parole board, who CAN consider the crime, and anything else they think is important, in deciding whether or not an inmate is TRULY eligible for parole. by the way, the inmate is NOT eligible for parole until the parole board says he is.

if the inmate is released at the minimum. The point is, the parole board has guidelines to follow which they are not. Which is why after watching them slithering around the guidelines, rep condino has decided to make stricter rules and give the inmates the right to appeal a flop, and be given a reason other than "we don't think you have done enough time" to decide. If an inmate falls within a particular score of probability and has had good conduct are they supposed to be released YES. Should we remain paying for them just because a political appointee NOT A JUDGE, says they haven't served enough time....NO. Forty percent of inmates meet the parole requirements RIGHT NOW AS WE SPEAK, and you all wonder why we have a money problem in the mdoc. Common sense would tell you if inmates are going in and few are coming out that equals overcrowding and money trouble. This is the reason why our neighborhing states do not have our problem, we incarcerate at a higher rate, for longer terms, and then we have a parole board who choose to skate around the guidelines.

As I personally sit here and read what some of you have wrote about other peoples loved ones it makes me sick! If you have never had anyone in the system thats been kept being their ERD you could never understand and never will. Everyone that commits a crime is not bad, in fact most of our top respected job titles held by people we as americans elected into office have committed some type of crime, they just never got caught, and that goes for most everyone in this world. At some point or another, darn near everyone has broken some type of law. Please do not sit there and tell another person their loved one WILL re-commit. In most cases the reason people do go back on a violation is because the people we consider "parole officers and field agents" are in a position to help offenders, but instead of helping they bring them down and make it harder for them to get ahead in the world. Their job is to help rehibilate and instead they do the opposite... For just one second try and imagine, you losing your life, your family, your job, your money, your possessions, for about 5 years and then you get locked up with someone telling you when you can eat, sleep, shower, go outside, all of it, and then try to re-enter into a world where your just shoved out and told get a job, a house, money, pay your bills, and do it all or I'll send you back to prison.. maybe you'll think twice about opening your mouth to bad mouth someone else's loved ones... I for one think this bill is fantastic!

These were adopted with truth in sentencing. When a person is found guilty a pre-sentencing report is prepared using the Sentencing Guidelines. You can find these at www.sado.org/guidelines.htm#pr1. Everyone keeps saying how education is the best solution for reducing crimes. Well, a lot of people posting comments here really need to get educated. Read the guidelines, then re-read the proposed bill for changing the parole guidelines and you may learn a thing or two. Also, the MDOC website has a link to their own policy directives. Most of which they tend to ignore, so I really don't know why they have them. All of the bills, if they get passed, changing the parole guidelines (and that is just that guidelines), and even giving good time back inmates will do no good until the behavior of the MDOC and the MI parole board changes. The MI Parole Board thinks they are judge, jury, and hangman. The PER, parole eligibility review, scores mean absolutely nothing to them. They never can take into account anything that the c/o's see. They don't even ask them. These are the people that are with the inmates day and and day out. The Parole Board member sometimes has a few minutes to review the inmates file and then if they personally do not like the crime, they get on their soapbox and roll. The issue about giving an inmate AOP (assaultive offendor programming) after they reach their minimum date is totally against the MDOC policy. Their policy states that this is supposed to be determined at the time the inmate is taken into custody. This is one of the main reasons that they keep people in prison soo longgg. If they tell you that you have to do the AOP class, there is a waiting list that is months, sometimes years long. That is if the class is offered in the facility that the inmate is housed in. And the current policy is that there is no cross security level transfers. They are defeating their own purpose for being the MDOC. They should be looking at who is on the Parole Board. prosecutors;former wardens;law enforcement;and some activists. These people have been programmed to keep people in prison. Face it. The new business that has been growing steadily in Michigan is the MDOC, not automotive. This is where everyone will work someday. Everyone remember that movie "Escape from New York", where the island of manhattan was turned into a prison. Well now it is "Escape from Michigan", only it is the entire state.

The Michigan Parole Board has too much power, and nothing to over see them. They let out this man, Matthew Makan who went and murdered 5 woman, but will not let my husband out who would have a job, support, and has children, and has done everything they have said to do. Is there anything we can do to help pass this bill? What is the status on it? I can totally understand why people who have nobody in the system cannot understand what we who do have to go through, but it could just as easily be you someday. It is only a matter of fairness and being reasonable in deciding who should be released. They blanket everyone with the same coat, and do not let people out who should be let out, yet release people who obviously have no where to go or any support. The system is not fair or constitutional.

You are correct that the review process by the MI Parole Board is unconstitutional. The process that they use that includes considering the crime that the inmate is serving for, as part of their review is like applying "double jeopardy". The MDOC says it is not, they told me so in a letter. However I have had attorney's tell me otherwise. The key would be to have a class action lawsuit filed by many inmates that would go to the federal level indicating that the MI parole process denies them due process (14th amendment). I state this because MI is a state that adopted truth in sentencing. When Engler signed that into law, it was for 2 things. 1. To get money from the Federal Government. 2. To grow the prison business. TIS here in MI is a farce and not fully implemented. In Englers 1998 state of the state address. Item E outlines everything he wanted done to "fight crime". 1. Get Tougher on Drunk Drivers 2. Sentencing Guidelines 3. New Prisons 4. Make Prisoners Work 5. Scrap Prisoner Appeal of Parole Denial 6. Operation Night Hawk (his war on gangs) All of these things were enacted by the legislators in Michigan and has done little to nothing to deter crime. Yet has done everything to increase our costs in the prison industry. They keep saying in the news how much the budget is for Corrections, the 07-08 budget is even higher, I believe the new proposed budget is 2.1 Bil.$, which just passed yesterday. There are few new articles in the Detroit Free Press about this issue. The opinion written is a good one. Just search on the word prison and you can find them.

This is wonderful news. Now if the actual floor vote will commence before the holiday break, and the house passes this bill, it will be on to the real fight, with the Senate. The state senators need to do what is right, not only for the inmates, but for the people of this state. This will save money!

I THINK THEY SHOULD GET RID OF THE PAROL AND GIVE PARDONS LIKE CANADA. THIS WOULD BE A HUGE SAVINGS. THEY HAVE SERVED THE TIME AND NOW SHOULD BE FREE TO TRY TO BLEND IN WITH THE FREE WORLD.

I strongly agree with the previous comment. What purpose does the parole board serve? When a person is incarcerated in a prison environment he should be released after he has fulfilled his required time in prison with no further penalties. I have a loved one now in prison who was falsely convicted on a rape charge that didn't happen. This young man was a model citizen and during his young life never even received a speeding ticket. A woman who couldn't deal with rejection ruined his life forever. Any law which only a person's testimony is needed to convict someone needs to be changed to protect true rape victims and the innocent. This young man's life is over unless the appelant or supreme court sees the truth. Since this incident happened to my loved one, I have talked with many, many professional people who know of someone or a loved one in the same situation, "innocent in prison." PLEASE HELP ANY WAY POSSIBLE!

I pray this bill will be passed. Prisons are full of inmates who have served their ttime and should be released. In addition to serving time, this state should consider the level the prisoner is at. If he/she is at a level one, then release them. 20% of prisoners in Michigan are innocent in prison. CAN YOU IMAGINE LOSING YOUR DIGNITY, PRIDE AND YOUR LIFE FOR SOMETHING YOU DIDN'T DO. The Michigan Department of Corrections needs to take a look at the Michigan Rape Shield Law and re-examine the many young men that are in prison because this law has been so severely abused by women who are not only taking rights from innocent rape victims but rights from men who are more innocent then you or me. There are loop holes in this law that the mentally criminal mind uses to destroy an individual's life. Do you realize anyone convicted of a rape crime is placed on a sex offenders list for 25 years. This penalty is worse than murder, especially if the person is innocent, as in my case.

why were you convicted by a jury of your peers? twelve good men and true found you guilty of what you were charged with. they found the facts were true, and they found that the state had indeed made their case. please make yours.

just because a jury finds you guilty doesnt mean that you did it..look at claude mccollum in lansing...he was convicted of first degree rape and first degree murder EVEN when there was evidence that clearly showed he was innocent...now the attorney general's office is investigating to see how the police and prosecutor screwed up....so dont tell me that there are not innocent people locked up...the majority of crimes that result in convictions does not have the benefit of DNA or forensic evidence...it usually boils down to underpaid and overworked court appointed attorneys going up against prosecutors who really dont care about anything but CONVICTIONS AT ALL COST...it is a joke to believe that just because a jury found people guilty, that they are, in fact guilty...that is ignorance at its best...if that premise was true, then I guess the Innocence Project (who by the way have cleared the names of over 500 people either convicted of rape, murder or other crimes that had forensic evidence to test) should disband and they should throw those people back onto death row. For every innocent man that gets cleared through DNA or other forensic evidence, there are two more that dont have the benefit of such "clearing" forensic evidence and have only credibility to convict them

me that twelve people voted unanimously to convict even though there was evidence to prove you innocent? is that what you want me to believe? let's see.. that would require every cop on the force, every prosecuting attorney, every judge, and every citizen in the town you live in to be corrupt. so corrupt that they will purjor themselves and risk jail time to get you prosecuted. is that what you want me to believe? are you trying to tell me that you are factually completely innocent, and were wrongly prosecuted? and just how did you get chosen out of everybody in michigan to be the scape-goat? was it a random drawing? or does the system have it in for you?

i love it when people honestly are that naive to think that the justice system is perfect and doesnt make mistakes, or that prosecutors dont twist the facts to get a conviction, or that cops dont lie on the stand to promote a theory that isnt true...just ask me and i will give you hundreds of recent cases, from the duke lacrosse team, to the Chicago police department sending over 100 people to death row based on corruption and manufacturing evidence. It got so bad in Illinois, that the governor had to halt the death penalty because he had no idea who was innocent or who was guilty due to the police and prosecutors office.....so for someone to come in here and try to tell me that the system only prosecutes and convicts the guilty is highly ignorant of the facts that are on Google, if you want to look for them.

just type in "wrongful conviction" in the Google search and notice how 214,000 hits show up....yup, i guess that is coincidence, too. But i guess everyone has to live in their own perfect little world of "Leave it to Beaver". It really cracks me up how some people actually think that ALL of the police are upstanding citizens who would NEVER lie and somehow are immune from politics and pressure, not to mention the prosecutors who get their names in the paper every time they get a high profile conviction...which helps their political career. Now nowhere in here did I say that ALL of the police and prosecutors lie and twist facts to get convictions, just that SOME of them do....yet somehow this post will get attacked by some individual who thinks that I said that ALL are crooked...go figure...he/she is either a cop or prosecutor or should be one, because he/she is a pro at twisting the facts