Michigan House Bill HB4384

Michigan 2023-2024 Regular Session

• Introduced: 4/12/23
• Refer: 4/12/23
• Report Pass: 6/6/23
• Engrossed: 6/14/23
• Refer: 6/15/23
• Report Pass: 12/20/24
• Enrolled: 12/23/24

Caption

Criminal procedure: sentencing; duties of the Michigan sentencing commission; provide for. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding sec. 34b to ch. IX. TIE BAR WITH: HB 4173'23

Impact

One of the significant impacts of HB4384 is the creation of a structured framework for recommending modifications to sentencing guidelines. The commission will involve a data-driven approach to assess recidivism rates and establish recommendations for potential changes to enhance public safety and reduce disparities in sentencing based on external factors. Furthermore, the bill emphasizes the importance of individual circumstances in determining penalties, thereby preserving judicial discretion.

Summary

House Bill 4384 aims to amend Michigan's existing criminal procedure law by establishing the Michigan Sentencing Commission and outlining its duties. The commission is tasked with collecting and analyzing information regarding state and local sentencing practices, conducting ongoing research on the effectiveness of sentencing guidelines, and assessing the impact of these practices on correctional facility populations. This legislation seeks to promote uniformity and equity in sentencing, ensuring that penalties are proportionate to offenses while considering various factors such as public safety and offender background.

Sentiment

The sentiment surrounding HB4384 appears to be supportive among those advocating for a more equitable criminal justice system. Proponents argue that establishing the sentencing commission will aid in reducing inconsistencies in sentencing and provide necessary oversight for the state's correctional practices. However, there may be concerns regarding how effectively the commission's recommendations will be implemented and whether they will address the systemic issues within the state’s criminal justice system.

Contention

Notable points of contention regarding HB4384 may arise around the potential constraints it places on judicial discretion, as critics might argue that a standardized approach to sentencing could undermine judges' ability to tailor sentences effectively based on individual cases. Additionally, the bill's impact on existing laws and its tie-bar with House Bill No. 4173 may also become a focal point for debate as stakeholders deliberate its broader implications on the criminal justice framework in Michigan.