Governor Snyder Signs Objective Parole Bill

On September 12, 2018 Michigan's Governor Snyder signed into law Public Act No. 339, otherwise known as the "Objective Parole Bill." This bill changes the way the parole board considers prisoners for parole, outlining eleven objective standards whereby the parole board may deny a prisoner his or her parole. In Michigan, most prisoners are given a sentence range consisting of an Earliest Release Date (ERD) and a Maximum Sentence. The ERD is the first date a prisoner is eligible for parole. If the prisoner is denied parole at this date, his or her sentence continues until the maximum sentence with parole reconsideration every year or two, depending on the prisoner's sentence. In the past, the parole board could deny a prisoner parole who has otherwise been categorized with a high probability of receiving parole. They could do this without giving any reason for the denial. This practice has been fairly common, leading the average Michigan prisoner to serve 120% of his or her minimum sentence. House Bill 5377 (signed as P.A. 339) limits the parole board's authority to arbitrarily deny a prisoner parole, but a prisoner's offense, institutional record, required program participation, prior criminal record, and other "relevant factors" still serve as a guide in determining the level of probability for a prisoner to receive parole. Now, if the parole board wishes to deny a prisoner when the prisoner scores with a high probability, the board must only use one (or more) of the following eleven objective reasons (paraphrased): 1. The prisoner continues to behave in ways that will put the public at risk 2. The prisoner refuses to participate in required programming 3. There is verified evidence of substantial harm to a victim that was not considered in sentencing 4. The prisoner has threatened to harm another person if released 5. There is objective post-sentencing conduct that indicates the prisoner would be a high risk to the community 6. The prisoner is a suspect in an unsolved crime actively being investigated 7. The prisoner has pending felony charges 8. The prisoner has not completed required programming and the programming is not available in his or her community 9. Releasing the prisoner is otherwise barred by law 10. The prisoner fails to provide an adequate parole plan 11. The prisoner has received a psychological evaluation in the previous three years indicating that he or she would be a high risk to public safety While some of these objective reasons are subject to interpretation (i.e.,what is an "adequate" parole plan?), the existence of a list of objective reasons why the parole board can deny prisoner parole is heartening. Unfortunately, the legislature limited these new standards only to prisoners sentenced after September 12, 2018. Nevertheless, nothing prohibits the parole board from being guided by these standards for all prisoners. Either way, this bill is a great move in the right direction for Michigan.