Bill Text: MI HB5440 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Criminal procedure: bail; requirements for the use of a pretrial risk assessment tool by a court making bail decision; create. Amends 1927 PA 175 (MCL 760.1 - 7677.69) by adding sec. 6f, ch. V.
Spectrum: Moderate Partisan Bill (Democrat 10-2)
Status: (Introduced - Dead) 2021-10-21 - Bill Electronically Reproduced 10/20/2021 [HB5440 Detail]
Download: Michigan-2021-HB5440-Introduced.html
HOUSE BILL NO. 5440
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
(MCL 760.1 to 777.69) by adding section 6f to chapter V.
the people of the state of michigan enact:
Sec. 6f. (1) In making its determination of risk when setting bond under section 6 of this chapter, the court may consider information provided by an actuarial risk assessment instrument that has been approved for use in pretrial release decision making by the state court administrative office under this section for use in that court.
(2) A county or court may request approval of an actuarial risk assessment instrument used for pretrial release decision making from the state court administrative office. The state court administrative office shall make a determination on a request under this subsection within 90 days and approve or deny the request as follows:
(a) If the state court administrative office determines that the instrument is validated and appropriate for pretrial release decision making, it shall approve the request, and the county or court may use the actuarial risk assessment instrument for the 5 years immediately following the approval. After 5 years have elapsed from the date of approval, the county or court shall not use the instrument unless the instrument is revalidated and resubmitted by the county or court to the state court administrative office and it is approved under this section.
(b) If the state court administrative office determines the instrument has not been validated or is not appropriate for pretrial release decision making, it shall deny the request, and the county or court may not use the actuarial risk assessment instrument. If the county or court subsequently validates the assessment, the county or court may resubmit a request for approval.
(3) If the state court administrative office determines that an actuarial risk assessment instrument is appropriate for pretrial release decision making and is validated for use on a statewide population, it may approve the instrument for statewide use.
(4) Before approving an instrument for use under subsection (2) or (3), the state court administrative office shall consult with relevant stakeholders, which may include all of the following:
(i) District court judges.
(ii) Circuit court judges.
(iii) Prosecutors.
(iv) Defense attorneys.
(v) Law enforcement agencies.
(vi) The Michigan domestic and sexual violence prevention and treatment board.
(vii) The Michigan coalition to end domestic and sexual violence.
(viii) Other relevant advocacy organizations.
(5) If the state court administrative office denies the request under subsection (2), a county or court has the right to make an immediate appeal to the state court administrator. Based on the available evidence, the state court administrator may affirm or overrule the state court administrative office's denial of the request.
(6) As used in this section:
(a) "Appropriate for pretrial release decision making" means that an actuarial risk assessment instrument has been shown to be unbiased on the basis of race, gender, and socioeconomic status.
(b) "Validated" means that an actuarial risk assessment instrument has been determined to accurately predict risk of nonappearance, to public safety, or both in the pretrial context in the population in which the instrument will be used.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
