Initiating Michigan’s Good Time Bill Through the People

Initiation of Legislation, Good Time House Bill HB 5666

In support of bringing Good Time back to Michigan Please vote on HB 5666

INITIATION OF LEGISLATION

An initiation of legislation to enact the Good Time HB 5666. This initiated law would provide prisoners in Michigan State the opportunity to earn Good Time off of their sentences as reward for good behavior; specify the conditions for accruing Good Time; exercising or enforcing rights gained in this act; prohibits the accrual of good time during month when found guilty of major misconduct; the establishment of a Good Time Committee and lists the responsibilities of the Good Time Committee.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 33.

(1) A record of all major misconduct charges for which a prisoner has been found guilty must be maintained and given to the parole board as part of the parole eligibility report prepared for each prisoner under section 35 of THE CORRECTIONS CODE of 1953 PA 232, MCL 791.235.
(2) Except as otherwise provided in this section, a prisoner who has not been found guilty of a major misconduct or had a violation of the laws of this state recorded against him or her must receive a reduction from his or her sentence as follows:
(a) During the first and second years of his or her sentence, 5 days for each month.
(b) During the third and fourth years, 6 days for each month.
(c) During the fifth and sixth years, 7 days for each month.
(d) During the seventh, eighth, and ninth years, 9 days for each month.
(e) During the tenth, eleventh, twelfth, thirteenth, and fourteenth years, 10 days for each month.
(f) During the fifteenth, sixteenth, seventeenth, eighteenth, and nineteenth years, 12 days for each month.
(g) From and including the twentieth year, up to and including the period fixed for the expiration of the sentence, 15 days for each month.
(3) Good Time received under subsection (2) shall be earned, forfeited, and restored as provided in this section. Accumulated good time shall be deducted from a prisoner's minimum and maximum sentence in order to determine his or her parole eligibility date and discharge date.
(4) This section shall not be construed to allow good time in cases of commuted sentences unless so stipulated in the executive order commuting the sentence.
(5) A prisoner must not earn good time under this subsection during any month in which the prisoner is found guilty of having committed a major misconduct. The amount of good time not earned as a result of being found guilty of a major misconduct must be limited to the good time that would have been earned for the month in which the major misconduct occurred. Any good time not earned as a result of the prisoner being found guilty of a major misconduct must never be earned or restored.
(6) The department of corrections shall promulgate rules under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, prescribing how much of his or her accumulated good time or the prisoner may forfeit if found guilty of 1 or more major misconducts.
(7) The warden may order that a prisoner found guilty of a major misconduct forfeit all or a portion of the good time accumulated during the month in which the misconduct occurred.
(8) The good time committee, which is comprised of the prisoner's resident unit manager, custody officers in the resident unit with direct supervisory responsibilities over the prisoner, and the appropriate work or school assignment supervisor, must be a part of the reclassification process and shall review, at least annually, the status of each prisoner in the housing unit who has forfeited good time. The good time committee may recommend to the warden whether any good time should be restored to the prisoner.
(9) In addition to good time, a prisoner eligible for special good time under this subsection may be awarded 2 days per month special good time for good institutional conduct on the recommendation of the good time committee and the concurrence of the warden based on an annual review of the prisoner's institutional record. Special good time shall not be awarded for any month in which a prisoner has been found guilty of a major misconduct.
(10) A prisoner must not earn good time under this section during any month in which the prisoner is found guilty of having committed a major misconduct. The amount of good time not earned as a result of being found guilty of a major misconduct must be limited to the amount of good time that would have been earned during the month in which the major misconduct occurred. Any good time not earned as a result of the prisoner being found guilty of a major misconduct must never be earned or restored.
(11) The department of corrections shall promulgate rules under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, prescribing how much of his or her accumulated good time the prisoner may forfeit if found guilty of 1 or more major misconducts.
(12) The good time committee, which is comprised of the prisoner's resident unit manager, custody officer in the resident unit with direct supervisory responsibility over the prisoner, and the appropriate work or school assignment supervisor, must be part of the reclassification process. The good time committee shall recommend to the warden the amount of special good time to be awarded and the restoration of any accumulated good time that has been forfeited.
(13) The warden, as a reward for good conduct, may restore to a prisoner the whole or any portion of the good time forfeited because of a finding of guilty for a major misconduct. However, forfeited good time must not be restored without the recommendation of the good time committee and the prior written approval of the deputy director in charge of the bureau of correctional facilities or the deputy director in charge of the correctional facilities administration or the deputy director in charge of the field operations administration. Good time allowances that have not been earned because of institutional misconduct must not be restored.
(14) A prisoner who has been sentenced concurrently for separate convictions must have his or her good time computed on the basis of the longest of the concurrent sentences. If a prisoner is serving consecutive sentences for separate convictions, his or her good time must be computed and accumulated on each sentence individually
(15) The warden of an institution may grant special good time allowances. Special good time credit must not exceed 50% of the good time allowances under the schedule in subsection (2). Special good time must be awarded for good conduct only and must not be awarded for any month in which a prisoner has been found guilty of a major misconduct.
(16) The parole board is exclusively empowered to cause the forfeiture of good time earned by a prisoner at the time of a parole violation.
(17) THE DEPARTMENT OF CORRECTIONS SHALL RECALCULATE THE PAROLE ELIGIBILITY DATE AND DISCHARGE DATE FOR EACH PRISONER SERVING A SENTENCE ON THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SUBSECTION WHO BECOMES ELIGIBLE FOR GOOD TIME CREDITS UNDER SUBSECTION (2) AS A RESULT OF THE AMENDATORY ACT THAT ADDED THIS SUBSECTION
Enacting section 1. Sections 34 and 35 of 1893 PA 118, MCL 800.34 and 800.35, are repealed effective 90 days after the date this amendatory act is enacted into law. Enacting section 2. This amendatory act takes effect 90 days after the date it is enacted into law.

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Earlier this week Michigan’s Good Time Bill, HB 5666, was not to voted on by legislators as expected. I received a comment from office staff about the overwhelming amount of calls and emails LeGrand’s office received as a result of the scheduled vote on the Good Time Bill that was introduced in the House at the end of February. I’m glad to see our persistence and diligence in following the the bill. Michigan residents are eager to hear about its progress and after a few days of research I’ve found that HB 5666 was not put to a vote.

The only bill from the Committee of Law and Justice that was discussed during the legislators’ meeting on April 10th was Representative Cochran’s HB 4971 on criminal procedure which adjusts the authority of counties to offer reward for information leading to an arrest and conviction by increasing the maximum reward an individual can receive for tips leading to a suspect’s arrest. This bill is unfortunately in the complete opposite direction of what those in support of the Good Time Bill had been hoping would be discussed during Tuesday’s meeting. This bill seems to be increasing the likelihood of incarcerating more individuals rather than re-assessing the sentences of those who are currently incarcerated.

Michigan is suffering from a clear problem and its hitting us hard. Michigan keeps inmates much longer in comparison to other states. These extra years of men and women staying in prison is socially and economically expensive, driving up prison costs by millions and millions of dollars a year, this consumes over a quarter of the state’s general fund. Not only is this problem costly economically on a state level but costly on a community level as African American families are heavily effected with over 44% of the states entire prison population being made of of non-white men. That’s almost half! Its more than disappointing, its disgusting to see the lack of the representatives’ interest in the  demands of the people on correcting this gross issue. However, instead of blaming busy and corporate paid legislators who have little to no relation to those who are incarcerated, I blame the people, I blame us.

It is entirely our responsibility to make our demands clear. I’m proud of our ability to followup with legislators in response to our expectations for their having a vote on the bill, many people seem to be getting discouraged by the actions of legislators but rather than becoming disheartened I’m energized by opportunity to re-strategize. Now legislators are aware of our interest in the HB 5666 bill’s progress and outcome, but we cannot allow ourselves to be discouraged at their lack of interest in pushing good time legislation forward.

It’s clear that its going to take some more effort on our part in order for the Good Time bill to come back onto the table in the house. I’ve been advised by my comrades incarcerated in Michigan’s Department of Corrections to begin the circulation of an Initiative Petition. The Initiative Petition is an act of the people to create or amend existing legislation. This petition fully outlined below will enact adjustments related to prison code introduced earlier this year in HB 5666. This Initiative petition requires at least 252,523 valid signatures by May 30th in order for the proposed legislation, the Good Time Bill, to override the legislators voting process. After the successful collection of signatures the bill must be put for a vote by legislators to be either adopted or rejected within 40 days. If the proposed bill is not immediately adopted and is rejected by legislators then it is given another opportunity to become a law by moving forward to proposed to the people in the state of Michigan’s next general election which would be November 6, 2018. This is our opportunity to bring Good Time back in the State’s prisons so that rehabilitated prisoners can rejoin society to support their families and communities.

Whether the bill is adopted by legislators or voted into law in a general election, it is important that we give this bill a chance to become a law by showing our overwhelming support for the Good Time Bill. There are more than 40,000 men and women incarcerated in the State of Michigan whose sentences deserve to be reassessed according to the magnitude of their good behavior during their incarceration. Michigan is one of the very few states currently that don’t incorporate Good Time policies to allow a rehabilitated inmate to be released after effectively serving a portion of their sentence, this is a policy that is even instituted at a Federal Level. There is absolutely no reason why a person should lose more of their life just because of their misfortune of being incarcerated in Michigan. Below is where you can add your name to the list of people who support the enacting of Good Time in Michigan. Now is the time to push back against mass incarceration. Find your local representative to contact here.

If you’re having trouble filling out the online petition please fill out the contact form below and I will reach out to you to resolve the issue. We need your signature and your support.

    If you have any questions or would like to assist in circulating a paper petition then you can print this petition document on 8.5X14in paper, scan and email the completed document to amanisawari@gmail.com.

    INITIATION OF LEGISLATION_HB5666_Petition
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