Bill Text: MI SB1139 | 2013-2014 | 97th Legislature | Introduced

---

Bill Title: Corrections; parole; procedures for comprehensive corrections and reentry plans; modify. Amends secs. 2, 3, 4, 5, 7, 8 & 11 of 1988 PA 511 (MCL 791.402 et seq.).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-12-11 - Referred To Committee Of The Whole With Substitute S-1 [SB1139 Detail]

Download: Michigan-2013-SB1139-Introduced.html

---

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 1139

 

 

November 12, 2014, Introduced by Senator SCHUITMAKER and referred to the Committee on Judiciary.

 

 

 

     A bill to amend 1988 PA 511, entitled

 

"Community corrections act,"

 

by amending sections 2, 3, 4, 5, 7, 8, and 11 (MCL 791.402,

 

791.403, 791.404, 791.405, 791.407, 791.408, and 791.411).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2. As used in this act:

 

     (a) "City advisory board" means a community corrections

 

advisory board created by a city pursuant to under sections 6 and

 

7.

 

     (b) "City-county advisory board" means a community corrections

 

advisory board created by a county and the largest city by

 

population within that county pursuant to under sections 6 and 7.

 

     (c) "Community corrections program" means a program that is

 

operated by or contracted for by a city, county, or group of

 

counties, or is operated by a nonprofit service agency, and is an

 

alternative to incarceration in a state correctional facility or

 

jail.that offers sanctions, services, or both, instead of

 

incarceration in prison, and which are locally operated and span a

 

continuum of programming options from pretrial through post-

 

adjudication.

 

     (d) "County advisory board" means a community corrections

 

advisory board created by a county pursuant to under sections 6 and

 

7.

 

     (e) "Department" means the department of corrections.

 

     (f) "Evidence-based practices" means a decision-making process

 

that integrates the best available research, clinician expertise,

 

and client characteristics.

 

     (g) "Key performance indicator" means a measure that captures

 

the performance of a critical variable to expand and improve

 

community-based corrections programs to promote offender success,

 

ensure accountability, enhance public safety, and reduce

 

recidivism.

 

     (h) "Moderate to high risk" means that the individual assessed

 

has scored in the moderate to high range of risk using an

 

actuarial, objective, validated risk and need assessment

 

instrument.

 

     (i) (f) "Nonprofit service agency" means a nonprofit

 

organization that provides treatment, guidance, training, or other

 

rehabilitative services to individuals, families, or groups in such

 

areas as health, education, vocational training, special education,

 

social services, psychological counseling, alcohol and drug

 

treatment, community service work, victim restitution, and

 

employment.

 

     (j) (g) "Office" means the office of community alternatives

 

corrections created in section 3.

 

     (k) (h) "Plan" means a comprehensive corrections plan

 

submitted by a county, city, or regional advisory board pursuant to

 

under section 8.

 

     (l) (i) "Regional advisory board" means a community corrections

 

advisory board created by a group of 2 or more counties pursuant to

 

under sections 6 and 7.

 

     (m) (j) "State board" means the state community corrections

 

advisory board created in section 3.

 

     Sec. 3. (1) An office of community alternatives corrections is

 

created within the department. The Except as otherwise provided in

 

this subsection, the office shall exercise its powers and duties

 

including budgeting and management as an autonomous entity,

 

independent of the director of the department. The office shall

 

consist consists of the board and an executive director,

 

administrator and such staff as the executive director of the

 

department may appoint to carry out the duties of the office. The

 

executive director shall be appointed by the board, and shall carry

 

out the duties of the office subject to the policies established by

 

the board.The director of the department or his or her designee may

 

appoint the administrator of the office or may administer the

 

assigned functions in other ways to promote efficient

 

administration.

 

     (2) A state community corrections advisory board is created in

 

the office of community corrections. The state community

 

corrections advisory board shall act as the policy making body for

 

the office, as provided in this act.may conduct activities it

 

considers necessary to advise the director of the department in

 

matters related to community corrections.

 

     (3) Not later than 90 days after the effective date of this

 

act, the The governor shall appoint, and the senate shall confirm,

 

the 13 members of the state board as follows:

 

     (a) One member shall be who is a county sheriff.

 

     (b) One member shall be who is a chief of a city police

 

department.

 

     (c) One member shall be who is a judge of the circuit court.

 

or recorder's court.

 

     (d) One member shall be who is a judge of the district court.

 

     (e) One member shall be who is a county commissioner.

 

     (f) One member shall be who is a member of city government.

 

     (g) One member shall represent who represents an existing

 

community alternatives program.

 

     (h) One member shall be who is the director of the department

 

of corrections or his or her designee.

 

     (i) One member shall be who is a county prosecutor.

 

     (j) One member shall be who is a criminal defense attorney.

 

     (k) Three members shall be who are representatives of the

 

general public.

 

     (4) The governor shall ensure fair geographic representation

 

of the state board membership and that minority persons and women

 

are fairly represented.

 

     (5) Members of the state board shall serve for terms of 4

 

years each, except that of the members first appointed, 5 shall

 

serve for terms of 4 years each, 4 shall serve for terms of 3 years

 

each, and 4 shall serve for terms of 2 years each.

 

     (6) A vacancy on the state board shall be is filled in the

 

same manner as the original appointment.

 

     (7) Members of the state board shall serve without

 

compensation, but the department shall be reimbursed by the

 

department reimburse the members for actual and necessary expenses

 

incurred in attending meetings.

 

     (8) The governor shall annually appoint a chairperson from

 

among the members of the board. The chairperson shall not serve

 

more than 2 consecutive terms.

 

     Sec. 4. (1) The state board shall do all of the following:

 

     (a) Develop and establish goals, offender eligibility

 

criteria, and program guidelines for community corrections

 

programs.Adopt a variety of key performance indicators that promote

 

offender success, ensure the effective monitoring of offenders, and

 

evaluate community corrections programs. Performance indicators

 

must be relevant to this act and must be reviewed on an annual

 

basis. At least 1 of the key performance measures must be

 

recidivism. There may be multiple recidivism measures to account

 

for accessibility to state and national databases, local ability to

 

collect data, and the resources needed to collect this data.

 

     (b) Adopt minimum program standards, policies, and rules for

 

community corrections programs. The program standards must include

 

evidence-based practices. Program eligibility must include moderate

 

to high risk offenders regardless of crime class or adjudication

 

status.

 

     (c) Adopt an application process and procedures for funding

 

community corrections programs, including the format for

 

comprehensive corrections plans.

 

     (d) Adopt criteria for community corrections program

 

evaluations.Review, at least once every 3 years, the actuarial,

 

objective, validated risk and need assessment instruments to ensure

 

that they continue to meet the needs and requirements of community

 

corrections.

 

     (e) Hire an executive director, who shall serve at the

 

pleasure of the board.Recommend funding for community corrections

 

to the director of the department based on program performance,

 

utilization, targeting of appropriate offenders, and adherence to

 

evidence-based practices.

 

     (f) Research, review, and make recommendations regarding the

 

use of performance-based contracts within community corrections.

 

     Sec. 5. The office shall do all of the following:

 

     (a) Provide technical assistance and training to cities,

 

counties, regions, or nonprofit service agencies in developing,

 

implementing, evaluating, and operating community corrections

 

programs.

 

     (b) Enter into On behalf of the department, process agreements

 

with between the department and city, county, city-county, or

 

regional advisory boards or nonprofit service agencies for the

 

operation of community corrections programs by those boards or

 

agencies, and monitor compliance with those agreements.

 

     (c) Act as an information clearinghouse regarding community

 

corrections programs for cities, counties, regions, or nonprofit

 

service agencies that receive funding under this act.

 

     (d) Provide community corrections advisory boards annually

 

with information required to develop comprehensive plans and

 

programming, including, but not limited to, all of the following

 

for a city or county, as applicable:

 

     (i) The total number of felony dispositions.

 

     (ii) The total number of probation violators.

 

     (iii) The sentencing results of all felony dispositions and

 

probation violators.

 

     (iv) For each sentenced felon and sentenced probation violator,

 

demographic information, including, but not limited to, age, race,

 

and sex.

 

     (v) For each sentenced felon and probation violator, the

 

result of the risk and needs assessment that details the felon's or

 

probation violator's risk and needs levels.

 

     (e) (d) Review and approve local plans and proposals pursuant

 

to under sections 8 and 10.

 

     (f) Audit programs to assure that they meet minimum program

 

standards, including offender eligibility and compliance with

 

evidence-based practices.

 

     (g) (e) In instances of substantial noncompliance, halt

 

funding to cities, counties, regions, or agencies, except that

 

before halting funding, the office shall do both of the following:

 

     (i) Notify the city, county, region, or agency of the

 

allegations and allow 30 days for a response.

 

     (ii) If an agreement is reached concerning a remedy, allow 30

 

days following that agreement for the remedy to be implemented.

 

     Sec. 7. (1) A county advisory board, regional advisory board,

 

city-county advisory board, or city advisory board shall consist

 

consists of the following:

 

     (a) One member shall be who is a county sheriff, or his or her

 

designee.

 

     (b) One member shall be who is a chief of a city police

 

department, or his or her designee.

 

     (c) One member shall be who is a judge of the circuit court or

 

his or her designee.

 

     (d) One member shall be who is a judge of the district court

 

or his or her designee.

 

     (e) One member shall be who is a judge of the probate court or

 

his or her designee.

 

     (f) One member shall be who is a county commissioner or city

 

councilperson. In the case of For a regional advisory board or a

 

city-county advisory board, 1 county commissioner or councilperson

 

from each participating city and county shall serve as a member.

 

     (g) One member shall be At least 1 and not more than 3 members

 

selected from 1 of the following service areas: mental health,

 

public health, substance abuse, employment and training, or

 

community alternative programs.

 

     (h) One member shall be who is a county prosecuting attorney

 

or his or her designee.

 

     (i) One member shall be who is a criminal defense attorney and

 

who may be a local public defender.

 

     (j) One member shall be who is from the business community.

 

     (k) One member shall be who is from the communications media.

 

     (l) One member shall be who is either a circuit court probation

 

agent or a district court probation officer.

 

     (m) One member shall be a representative of the general

 

public.who is affiliated with the applicable workforce investment

 

board.

 

     (2) In the case of For a county or regional advisory board,

 

the members shall be appointed by the county board or boards of

 

commissioners shall appoint the members. In the case of For a city

 

advisory board, the members shall be appointed by the city council

 

shall appoint the members. In the case of For the city-county

 

advisory board, the members shall be appointed by the county board

 

of commissioners and the city council shall appoint the members. In

 

appointing the members of an advisory board, the county and city

 

shall ensure that minority persons individuals and women are fairly

 

represented.

 

     (3) Before an appointment is made under this section, the

 

appointing authority shall publish advance notice of the

 

appointments and shall request that the names of persons

 

individuals interested in being considered for appointment be

 

submitted to the appointing authority.

 

     Sec. 8. (1) A county, city, city-county, or regional advisory

 

board, on behalf of the city, county, or counties it represents,

 

may apply for funding and other assistance under this act by

 

submitting to the office a comprehensive corrections plan that

 

meets the requirements of this section, and the criteria,

 

standards, rules, and policies developed by the state board

 

pursuant to under section 4.

 

     (2) The plan shall be developed by the A county, city, city-

 

county, or regional advisory board and shall include develop a plan

 

that includes all of the following for the county, city, or

 

counties represented by the advisory board:

 

     (a) A system for the development, implementation, and

 

operation of community corrections programs and an explanation of

 

how the state prison commitment rate for the city, county, or

 

counties will be reduced, and how the public safety will be

 

maintained, enhanced, as a result of implementation of the

 

comprehensive corrections plan. The plan shall include, where

 

appropriate, provisions that detail how the city, county, or

 

counties plan to substantially reduce, within 1 year, the use of

 

prison sentences for felons for which the state felony sentencing

 

guidelines upper limit for the recommended minimum sentence is 12

 

months or less as validated by the department of corrections.

 

Continued funding in the second and subsequent years shall be is

 

contingent upon substantial compliance with this subdivision.

 

     (b) A data analysis of the local criminal justice system

 

including a basic description of jail utilization detailing such

 

areas as sentenced versus unsentenced inmates, sentenced felons

 

versus sentenced misdemeanants, and any use of a jail

 

classification system. The analysis also shall include a basic

 

description of offenders sentenced to probation and to prison and a

 

review of the rate of commitment to the state corrections systems

 

from the city, county, or counties for the preceding 3 years. The

 

analysis also shall compare actual sentences with the sentences

 

recommended by the state felony sentencing guidelines.that

 

indicates the specification of offender targeting and the services

 

needed for the target population.

 

     (c) An analysis of the local community corrections programs

 

used at the time the plan is submitted and during the preceding 3

 

years, including types of offenders served and funding levels.

 

Program descriptions that detail the use of an objective,

 

standardized assessment tool or tools to determine applicable

 

programming through the use of targeted interventions that address

 

the risk and needs of the target population.

 

     (d) A system for evaluating the effectiveness of the community

 

corrections program, which shall utilize the criteria developed

 

pursuant to section 4(d).

 

     (d) (e) The identity of any designated subgrant recipient.

 

     (e) (f) In the case of For a regional or city-county plan,

 

provisions for the appointment of 1 fiscal agent to coordinate the

 

financial activities pertaining to the grant award.

 

     (3) The county board or boards of commissioners of the county

 

or counties represented by a county, city-county, or regional

 

advisory board, or the city council of the city represented by a

 

city or city-county advisory board, shall approve the proposed

 

comprehensive corrections plan prepared by their advisory board.

 

before the plan is submitted to the office pursuant to subsection

 

(1).

 

     (4) This section is intended to encourage the participation in

 

community corrections programs of offenders who would likely be

 

sentenced to imprisonment in a state correctional facility or jail,

 

would not increase the risk to public safety, have not demonstrated

 

a pattern of violent behavior, and do not have a criminal record

 

that indicates a pattern of violent offenses.A community

 

corrections program must do all of the following:

 

     (a) Provide appropriate sanctions and services as sentencing

 

options, including incarceration, community supervision, and

 

programming services for eligible offenders.

 

     (b) Provide improved local services for individuals involved

 

in the criminal justice system with the goal of reducing the

 

occurrence of repeat criminal offenses that result in a term of

 

incarceration or detention in jail or prison.

 

     (c) Ensure the use of evidence-based practices to protect

 

public safety and rehabilitate the offender.

 

     (d) Promote local control and management of community

 

corrections programs.

 

     (e) Enhance, increase, and support the state and county

 

partnership in the management of offenders.

 

     Sec. 11. (1) The office shall authorize payments from funds

 

money appropriated to the office for community corrections programs

 

to cities, counties, regions, or agencies for the community

 

corrections programs described in the plan submitted pursuant to

 

under section 8 or the proposal submitted pursuant to section 10 if

 

the plan or proposal is approved by the office.

 

     (2) Of the total funding recommended for the implementation of

 

the comprehensive corrections plan, not more than 30% may be used

 

by the city, county, or counties for administration.

 

     (3) The funds money provided to a city, county, or counties

 

under this section shall must not supplant current spending by the

 

city, county, or counties for community corrections programs.