Proposed Bills in Michigan

Two recent proposed bills, HB 5722 and SB 1028, have implications for the criminal justice system.  SB 1028, introduced June 9, 2016, would amend M.C.L. 791.283, to require the Department of Corrections to provide those inmates discharged for non-parole reasons, e.g., whose convictions were overturned or reversed, prior to the maximum date of incarceration, reentry services for two years, and reentry housing for one year, as well as providing vital documents.  However, if the conviction is subsequently reinstated, and the prisoner returned to the MDOC, then the prisoner must repay the department for all reentry services provided.

HB 5722 would amend M.C.L. 780.653 to provide that evidence obtained pursuant to a search warrant issued in violation of the reasonable or probable cause requirements would be inadmissible β€œin any criminal prosecution.”  However, the evidence could be used to revoke probation or parole, and would be admissible to impeach a defendant.

Source:   Link to SB 1028: http://www.legislature.mi.gov/documents/2015-2016/billintroduced/Senate/pdf/2016-SIB-1028.pdf.  Link to HB 5722: http://www.legislature.mi.gov/documents/2015-2016/ billintroduced/House/pdf/2016-HIB-5722.pdf

by Neil Leithauser
Associate Editor