Signed by Governor Gretchen Whitmer

Vote Smart's Synopsis:

Vote to pass a bill that establishes the "Michigan Sentencing Commission" in the Legislative Council.

Highlights:

• Establishes the "Michigan Sentencing Commission" in the Legislative Council (Sec. 34a).

• Authorizes the commission to (Sec. ):

• Collect, prepare, analyze, and disseminate information regarding state and local sentencing and release policies;

• In cooperation with the Department of Corrections, collect, analyze, and compile data and make projections regarding the populations and capacities of state correctional facilities; the impact of the sentencing guidelines; and the effectiveness of efforts to reduce recidivism. Measurement of recidivism would have to include, as applicable, analysis of both of the following:

• Resentence rates and return-to-prison rates;

• One-, 2-, and 3-year intervals after exiting prison or jail and after entering probation.

• Conduct ongoing research regarding the effectiveness of the sentencing guidelines in achieving the following purposes:

• Providing for the protection of the public;

• Considering offenses involving violence against a person or serious and substantial pecuniary loss as more severe than other offenses;

• Being proportionate to the seriousness of the offense and the offender’s prior criminal record;

• Reducing sentencing disparities based on factors other than offense characteristics and offender characteristics and ensuring that offenders with similar offense characteristics receive substantially similar sentences;

• Specifying the circumstances under which a term of imprisonment is proper and the circumstances under which intermediate sanctions are proper;

• Establishing sentence ranges for imprisonment that the commission considers appropriate and that are permitted by law;

• Considering the necessity for local corrections system capacity and maintaining funding to ensure that capacity.

• Develop recommended modifications to the sentencing guidelines that accomplish all of the purposes described above;

• Consider the suitability and impact of offense variable scoring about victims and victims’ families and victim input and advice regarding sentences.

• Specifies that the provisions of this bill shall take effect immediately upon passage and approval by the Governor and simultaneous passage of H.B. 4384 as well (Sec. 34a).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that establishes the "Michigan Sentencing Commission" in the Legislative Council.

Highlights:

• Establishes the "Michigan Sentencing Commission" in the Legislative Council (Sec. 34a).

• Authorizes the commission to (Sec. ):

• Collect, prepare, analyze, and disseminate information regarding state and local sentencing and release policies;

• In cooperation with the Department of Corrections, collect, analyze, and compile data and make projections regarding the populations and capacities of state correctional facilities; the impact of the sentencing guidelines; and the effectiveness of efforts to reduce recidivism. Measurement of recidivism would have to include, as applicable, analysis of both of the following:

• Resentence rates and return-to-prison rates;

• One-, 2-, and 3-year intervals after exiting prison or jail and after entering probation.

• Conduct ongoing research regarding the effectiveness of the sentencing guidelines in achieving the following purposes:

• Providing for the protection of the public;

• Considering offenses involving violence against a person or serious and substantial pecuniary loss as more severe than other offenses;

• Being proportionate to the seriousness of the offense and the offender’s prior criminal record;

• Reducing sentencing disparities based on factors other than offense characteristics and offender characteristics and ensuring that offenders with similar offense characteristics receive substantially similar sentences;

• Specifying the circumstances under which a term of imprisonment is proper and the circumstances under which intermediate sanctions are proper;

• Establishing sentence ranges for imprisonment that the commission considers appropriate and that are permitted by law;

• Considering the necessity for local corrections system capacity and maintaining funding to ensure that capacity.

• Develop recommended modifications to the sentencing guidelines that accomplish all of the purposes described above;

• Consider the suitability and impact of offense variable scoring about victims and victims’ families and victim input and advice regarding sentences.

• Specifies that the provisions of this bill shall take effect immediately upon passage and approval by the Governor and simultaneous passage of H.B. 4384 as well (Sec. 34a).

Full Bill Text