12/29/10
Another major sentencing reform victory in Michigan!
FAMM is proud to announce the passage of yet another major sentencing reform victory in Michigan.
The reforms are included in three bills: HB 4918, 4919, and 4920. These bills were passed by the Michigan House and Senate on December 3, 2010, signed into law by Governor Jennifer Granholm, and went into effect on December 29, 2010. The new laws help people who are still serving mandatory minimum sentences that were imposed under the pre-2003 drug laws. Some individuals’ release dates will change as a result of the reforms.
Here is what the new laws do:
HB 4918 and 4919: Clarify that people sentenced to lifetime probation prior to March 1, 2003 are eligible for parole after serving five years.
HB 4920: For individuals sentenced for offenses committed before March 1, 2003, HB 4920
- Provides that people sentenced for an “attempt” to violate MCL 7401(2)(a)(i-iv) and MCL 7403(2)(i-v) may be eligible for earlier parole eligibility.
- Provides earlier parole eligibility to people sentenced for a violation of 7401(2)(a)(i) or 7403(2)(a)(i) – otherwise known as “650 Lifers” – and sentenced to a term of years. Parole eligibility is set at 20 years (with a prior serious offense) and 17 1/2 years, or at the minimum term imposed, whichever is less. For example, a person sentenced to 30-35 years with no prior offenses will be eligible for parole consideration at 17 1/2 years.
- Clarifies that people sentenced for 7401(2)(a)(ii-iv) and 7403(2)(a)(ii-v) offenses are eligible for earlier parole consideration.
- Provides earlier parole eligibility to people sentenced to two or more consecutive 7401(2)(a)(iv) and 7403(2)(a)(iv) – under 50 grams – by providing parole eligibility after serving one half of the minimum for each sentenced imposed.
These reforms were the result of years of hard work by FAMM and others. Many thanks are due to the Criminal Defense Attorneys of Michigan (CDAM) and its leadership, Margaret Raben and lobbyist Noah Smith. Raben is a long-time FAMM legal advisor, and Smith lobbied for reforms on behalf of FAMM in previous legislative sessions. FAMM also extends its deepest thanks to our bill sponsors – Representatives Bert Johnson, Rick Jones, and Dan Scripps -- and, of course, our members!
FAMM cannot provide its members with legal advice or representation or tell members whether they or their loved ones will benefit from the new laws. People should check their earliest release date if they are Michigan “attempt” or “pipeline” cases and should talk with an attorney to confirm whether the new laws will benefit them.
5/20/09
FAMM Package of Bills Passes House by Overwhelming Bipartisan Vote
On May 19, the Michigan House of Representatives voted overwhelmingly to pass the FAMM reform package, House Bills 4918, 4919, 4920 and 4921. Bills 4918, 4920, and 4921 all passed with a unanimous 109-0 vote. House Bill 4919, passed by a 107-2 margin. This bipartisan support sends a clear message to the Michigan Senate that it should strongly consider this legislation.
Thanks to all of you who through your emails and phone calls helped make this a reality! Read more