January 10, 2007 Senator Liz Brater (D-Ann Arbor) introduced two new senate bills, and co-sponsored the introduction of two additional senate bills with Senators Switalski and Scott, aimed at ending sentences of imprisonment for life without parole eligibility for juveniles convicted of crimes.
Senate Bill No. 6 calls for an amendment to 1927 PA 175, entitled "The code of criminal procedure," by amending sections 1 and 1b of chapter IX (MCL 769.1 and 769.1b), section 1 as amended by 1999 PA 87 and section 1b as amended by 1998 PA 520.
The bill would change the way juveniles are sentenced in Michigan courts. The relevant changes would require the following:
"The court shall not sentence an individual who was less than 18 years of age when the crime was committed to imprisonment for life without parole eligibility." (Sec. 1, §15, p. 9, lines 17-19)
"The court shall not sentence an individual who was less than 18 years of age when the crime was committed to imprisonment for life without parole eligibility." (Sec. 1b, §8, p. 12, lines 21-23)
Senate Bill No. 9 calls for an amendment to A bill to amend 1953 PA 232, entitled "Corrections code of 1953," by amending section 34 (MCL 791.234), as amended by 2006 PA 167.
This bill would change the way prisoners serving life sentences are reviewed by the parole board who were sentenced before the age of 18. The relevant changes would require the following:
"Notwithstanding anything else to the contrary in this Section, an individual who was less than 18 years of age when he or she committed a crime for which he or she was sentenced to serve a minimum term of imprisonment of 10 years or more, or who was sentenced to imprisonment for life, including imprisonment for life without parole eligibility, who has served 10 years of his or her sentence is subject to the jurisdiction of the parole board and may be released on parole by the parole board. In determining whether to release an individual on parole under this subsection, the parole board shall consider all of the following:
(A) The individual's age and level of maturity at the time of the offense.
(B) The individual's degree of participation in the offense.
(C) The nature of the offense.
(D) The severity of the offense.
(E) The individual's prior juvenile or criminal history.
(F) The individual's likelihood to commit further offenses.
(G) Any other information considered relevant by the parole board."
(Sec. 34, §16(a-g), p. 9, lines 6-24)
Senate Bill No. 28, introduced, by Senators Switalski and Liz Brater, calls for an amendment to 1939 PA 288, entitled "Probate code of 1939," by amending sections 2d and 18 of chapter XIIA (MCL 712A.2d and 712A.18), section 2d as amended by 1998 PA 478 and section 18 as amended by 2004 PA 475.
The bill would change the words "Family Independence Agency" to "Department of Human Services" throughout the public act and would desist the imposition of sentences of imprisonment for life without parole eligibility. The relevant changes would require courts to impose sentences as follows:
"[I]mpose any sentence upon the juvenile that could be imposed upon an adult convicted of the offense for which the juvenile was convicted, other than imprisonment for life without parole eligibility." (Sec. 18, §1(m), p. 12, lines 8-11)
The only relevant change being that sentences of imprisonment for life without parole eligibility could no longer be imposed.
Senate Bill No. 40 calls for an amendment to 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 506b.
The bill would change the way juveniles are sentenced in Michigan courts. The relevant changes would require the following:
"Notwithstanding anything else to the contrary in this Act, an individual who was less than 18 years of age at the time he or she committed a crime shall not be sentenced to imprisonment for life without parole eligibility for that crime." (Sec. 506B, p. 1, lines 1-4)
These bills would directly affect Efren Paredes, Jr. if passed. People are encouraged to contact their state senators and encourage passage of the bills. Contact can be made via e-mail or U.S. Mail. If you do not know who your senator is you can find out by visiting the Michigan Senate web site at www.senate.michigan.gov
Please note that all four bills must pass to end the imposition of imprisonment for life without parole eligibility on juveniles convicted of crimes they were convicted of committing before age 18.
All the following bills are available for review on our web site at www.4Efren.com under the "Michigan Juvenile Lifer Legislation" tab.
You can copy and paste the text below into an e-mail to send your senator. If you would like to locate your senator's e-mail address you can do so by visiting www.senate.michigan.gov
Sample Letter
Date
The Honorable (full name of Senator)
State Senator
State Capitol
P.O. Box 30036
Lansing, MI 48909-7536
Dear Senator (full name):
I urge you to support legislation introduced by Michigan Senator Liz Brater, and Senators Scott and Switalski. They are working with their colleagues in the legislature to try to amend the laws governing the mandatory sentencing of young people who are convicted of certain crimes. It is essential that we address this unforgiving sentence of juveniles in our criminal justice system. Key provisions of this legislation include:
• Prohibit the sentencing of children who are 17 and under to a sentence of life without parole in adult prisons;
• Allow courts discretion to impose any sentence upon a juvenile that is consistent with public safety and proportionate punishment;
• Allow an individual who was 17 or under when he or she committed a crime to be eligible for parole consideration after having served a minimum of 10 years.
No prisoners will be released as a consequence of the passage of these bills. Prisoners who have received sentences of parolable life or life without the possibility of parole eligibility would simply become eligible to be reviewed by the Michigan Parole Board.
The imposition of life without parole on minor children is a particularly cruel and disproportionate punishment that is explicitly prohibited by the International Convention On the Rights of the Child, and is widely considered a violation of international law and fundamental human rights. Despite this, Michigan is one of thirteen states that have no lower age limit for life sentences without possibility of parole and has made this punishment mandatory.
Please sign on as a co-sponsor to Senate Bills 6, 9, 28 and 40.
Very truly,
Senate Bill No. 6 calls for an amendment to 1927 PA 175, entitled "The code of criminal procedure," by amending sections 1 and 1b of chapter IX (MCL 769.1 and 769.1b), section 1 as amended by 1999 PA 87 and section 1b as amended by 1998 PA 520.
The bill would change the way juveniles are sentenced in Michigan courts. The relevant changes would require the following:
"The court shall not sentence an individual who was less than 18 years of age when the crime was committed to imprisonment for life without parole eligibility." (Sec. 1, §15, p. 9, lines 17-19)
"The court shall not sentence an individual who was less than 18 years of age when the crime was committed to imprisonment for life without parole eligibility." (Sec. 1b, §8, p. 12, lines 21-23)
Senate Bill No. 9 calls for an amendment to A bill to amend 1953 PA 232, entitled "Corrections code of 1953," by amending section 34 (MCL 791.234), as amended by 2006 PA 167.
This bill would change the way prisoners serving life sentences are reviewed by the parole board who were sentenced before the age of 18. The relevant changes would require the following:
"Notwithstanding anything else to the contrary in this Section, an individual who was less than 18 years of age when he or she committed a crime for which he or she was sentenced to serve a minimum term of imprisonment of 10 years or more, or who was sentenced to imprisonment for life, including imprisonment for life without parole eligibility, who has served 10 years of his or her sentence is subject to the jurisdiction of the parole board and may be released on parole by the parole board. In determining whether to release an individual on parole under this subsection, the parole board shall consider all of the following:
(A) The individual's age and level of maturity at the time of the offense.
(B) The individual's degree of participation in the offense.
(C) The nature of the offense.
(D) The severity of the offense.
(E) The individual's prior juvenile or criminal history.
(F) The individual's likelihood to commit further offenses.
(G) Any other information considered relevant by the parole board."
(Sec. 34, §16(a-g), p. 9, lines 6-24)
Senate Bill No. 28, introduced, by Senators Switalski and Liz Brater, calls for an amendment to 1939 PA 288, entitled "Probate code of 1939," by amending sections 2d and 18 of chapter XIIA (MCL 712A.2d and 712A.18), section 2d as amended by 1998 PA 478 and section 18 as amended by 2004 PA 475.
The bill would change the words "Family Independence Agency" to "Department of Human Services" throughout the public act and would desist the imposition of sentences of imprisonment for life without parole eligibility. The relevant changes would require courts to impose sentences as follows:
"[I]mpose any sentence upon the juvenile that could be imposed upon an adult convicted of the offense for which the juvenile was convicted, other than imprisonment for life without parole eligibility." (Sec. 18, §1(m), p. 12, lines 8-11)
The only relevant change being that sentences of imprisonment for life without parole eligibility could no longer be imposed.
Senate Bill No. 40 calls for an amendment to 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 506b.
The bill would change the way juveniles are sentenced in Michigan courts. The relevant changes would require the following:
"Notwithstanding anything else to the contrary in this Act, an individual who was less than 18 years of age at the time he or she committed a crime shall not be sentenced to imprisonment for life without parole eligibility for that crime." (Sec. 506B, p. 1, lines 1-4)
These bills would directly affect Efren Paredes, Jr. if passed. People are encouraged to contact their state senators and encourage passage of the bills. Contact can be made via e-mail or U.S. Mail. If you do not know who your senator is you can find out by visiting the Michigan Senate web site at www.senate.michigan.gov
Please note that all four bills must pass to end the imposition of imprisonment for life without parole eligibility on juveniles convicted of crimes they were convicted of committing before age 18.
All the following bills are available for review on our web site at www.4Efren.com under the "Michigan Juvenile Lifer Legislation" tab.
You can copy and paste the text below into an e-mail to send your senator. If you would like to locate your senator's e-mail address you can do so by visiting www.senate.michigan.gov
Sample Letter
Date
The Honorable (full name of Senator)
State Senator
State Capitol
P.O. Box 30036
Lansing, MI 48909-7536
Dear Senator (full name):
I urge you to support legislation introduced by Michigan Senator Liz Brater, and Senators Scott and Switalski. They are working with their colleagues in the legislature to try to amend the laws governing the mandatory sentencing of young people who are convicted of certain crimes. It is essential that we address this unforgiving sentence of juveniles in our criminal justice system. Key provisions of this legislation include:
• Prohibit the sentencing of children who are 17 and under to a sentence of life without parole in adult prisons;
• Allow courts discretion to impose any sentence upon a juvenile that is consistent with public safety and proportionate punishment;
• Allow an individual who was 17 or under when he or she committed a crime to be eligible for parole consideration after having served a minimum of 10 years.
No prisoners will be released as a consequence of the passage of these bills. Prisoners who have received sentences of parolable life or life without the possibility of parole eligibility would simply become eligible to be reviewed by the Michigan Parole Board.
The imposition of life without parole on minor children is a particularly cruel and disproportionate punishment that is explicitly prohibited by the International Convention On the Rights of the Child, and is widely considered a violation of international law and fundamental human rights. Despite this, Michigan is one of thirteen states that have no lower age limit for life sentences without possibility of parole and has made this punishment mandatory.
Please sign on as a co-sponsor to Senate Bills 6, 9, 28 and 40.
Very truly,
