Michigan Senate Bill SB0321

Michigan 2023-2024 Regular Session

• Introduced: 5/3/23
• Refer: 5/3/23

Caption

Criminal procedure: sentencing; resentencing upon petition of certain prisoners; provide process for. Amends secs. 12 & 25, ch. IX of 1927 PA 175 (MCL 769.12 & 769.25) & adds secs. 27a, 27b, 27c, 27d, 27e, 27f, 27g & 27h to ch. IX.

Impact

The bill will significantly affect existing laws surrounding sentencing for felonies, especially concerning repeat offenders. It provides guidelines under which courts must consider an individual’s rehabilitation, the time already served, and societal changes regarding criminal behavior. The introduction of specific criteria for reducing sentences acknowledges both the potential for change and the need for justice to reflect more appropriately on the circumstances of each case, particularly for individuals who were juveniles at the time of their offenses.

Summary

Senate Bill 0321 proposes amendments to the Michigan Code of Criminal Procedure, specifically focusing on changes to sentencing and resentencing guidelines for individuals who have served significant portions of their sentences. The bill introduces new provisions that allow incarcerated individuals to petition for sentence reductions after serving a minimum of ten years. This is aimed at promoting rehabilitation and reintegration into society, allowing those who have demonstrated good behavior a chance for a reduced sentence.

Contention

Notable points of contention around SB 0321 include the balance between public safety and rehabilitation. Critics may argue that making it easier for some individuals to have their sentences reduced could potentially undermine the severity of crimes committed, particularly serious offenses. Additionally, there is concern regarding how victims’ families will be involved in the resentencing process and whether their testimonies and concerns will carry weight in court decisions. The bill tries to address these concerns by ensuring victims and their families are notified and allowed to make statements during resentencing hearings.