Here is information prepared to help you discuss HB 4138:
HB 4138 is evidence-based parole reform. This bill, sponsored by Rep. Kurt Heise (R-Northville) was the product of extensive negotiations among key stakeholders, including law enforcement, and has strong public and bi-partisan support.
HB 4138 applies to eligible prisoners who score lowest risk on the parole board’s own guidelines. This is NOT “early release” – Prisoners are not even eligible for parole until they have served their entire minimum sentences.
HB 4138 implements existing parole standards that have not been enforced by providing objective criteria to help guide the parole board’s decision making. Existing law requires the board to give “substantial and compelling reasons” for denying parole to low risk prisoners. This bill simply defines those “substantial and compelling reasons.” Ample research shows that objective criteria are better predictors of success on parole than subjective decision-making.
This is not an “automatic” process. Each eligible prisoner will be individually considered by the parole board, just as they are now. The bill does NOT take away the parole board’s authority to deny parole where there is objective evidence that the person poses a current risk.
The bill applies ONLY to people sentenced after the bill is effective. That means that any financial impact on counties will be phased in gradually. Because these are the lowest risk group of prisoners, that impact should be relatively minimal.
The Michigan Department of Corrections estimates that within five years HB 4138 will reduce the prison population by about 3,200 people and save roughly $75 million a year. This can be spent on other state priorities, including services that are proven to reduce crime and help make our communities safer and healthier.
HB 4138 will not jeopardize public safety:
- Research shows no relationship between how long people are incarcerated and their likelihood of reoffending.
- The research also shows that the fact someone once committed a serious crime does NOT mean he or she remains a risk after serving an often lengthy sentence.
HB 4138 will NOT:
- Require the board to release anyone where there is verified evidence that they pose a current risk.
- Change victims’, prosecutors’ or law enforcements’ roles in the process or their ability to communicate with the parole board. Victims and prosecutors retain the ability to appeal grants of parole.
But HB 4138 will increase the transparency and objectivity of the parole process.It will also allow people who have earned release to return to their families and communities, as taxpayers and welcome members of our communities.
Additional details you might find helpful to download:
HB 4138: Presumptive Parole – Key Points
HB 4138 does not create new parole standards. It implements existing standards that have not been enforced.
- The existing parole guidelines statute (MCL 791.233e) assumes that prisoners who score high probability of release on the guidelines will be released when they have served their judicially imposed minimum sentences unless the parole board has “substantial and compelling reasons” to deny release. (A high probability score indicates the person is at low risk for reoffending.)
- However, the parole board has defined “substantial and compelling” so broadly that it denies release as it sees fit and justifies the result with subjective conclusions about the prisoner’s lack of “insight” or “empathy” or “tools to address their problems.” It often appears just to be substituting its own view of what punishment is appropriate for that of the trial judge.
The result:
- About 1,900 people who are past their earliest release date (ERD) and scored high probability have been denied release and are still in prison. They have, on average, served 2.6 years beyond their first release date.
- The Pew Center on the States found that Michigan’s prisoner length of stay is far longer than the average of the 35 states it studied.
- The Council of State Governments found that the exercise of parole board discretion is the primary driver of Michigan’s exceptionally long length of stay.
HB 4138 would make the presumption of release after serving the minimum explicit for people with high parole guidelines scores and would carefully define what circumstances constitute substantial and compelling reasons for departure.
- These circumstances include several narrowly defined matters that would not be captured by the parole guidelines score, such as threats by the prisoner to harm someone if released, substantial harm to the victim that was unknowable at the time of sentencing, DNA evidence linking the person to an unsolved crime, or other objective and verified evidence that the person would present a high risk to public safety.
Although it would only apply to people sentenced after it took effect, within five years HB 4138 would reduce the prison population by about 3,200 people and save roughly $75 million a year.
The focus of HB 4138 is on actually protecting public safety, not extending punishment for its own sake.
- Research shows no relationship between how long people are incarcerated and their likelihood of reoffending.
- The fact that someone committed a serious offense in the past does not mean they are currently a risk to anyone.
- In fact, people who committed homicides or sex offenses have by far the lowest re-offense rate of any offender group.
HB 4138 would NOT:
- Require the board to release anyone where there was verified evidence that they pose a current risk.
- Change the victims’ role in the process or their ability to communicate with the parole board.
- Create a right for prisoners to appeal parole denials, although it does include substantial reporting requirements to ensure parole board compliance.
HB 4138 would increase transparency and certainty for victims, prisoners and policymakers. Michigan’s “truth in sentencing” statute requires people to serve every day of the minimum, without reductions for good behavior. The bill would then ensure release when the minimum has been served, barring good cause for parole denial.
HB 4138 is the product of extensive negotiations among a diverse group of stakeholders and has substantial bi-partisan support.
Call CAPPS at (517) 482-7753 for more information.