Bill Text: MI HB5467 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Corrections; state facilities; applicability of single-family residential zoning; provide for if more than 6 residents. Amends sec. 16 of 1953 PA 232 (MCL 791.216).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-03-16 - Bill Electronically Reproduced 03/15/2016 [HB5467 Detail]

Download: Michigan-2015-HB5467-Introduced.html

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HOUSE BILL No. 5467

March 15, 2016, Introduced by Rep. Lucido and referred to the Committee on Local Government.

 

     A bill to amend 1953 PA 232, entitled

 

"Corrections code of 1953,"

 

by amending section 16 (MCL 791.216), as added by 1980 PA 303.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 16. (1) The department shall develop a comprehensive plan

 

for determining the need for establishing various types of

 

correctional facilities, for selecting the location of a

 

correctional facility, and for determining the size of the

 

correctional facility. The comprehensive plan shall not be

 

implemented until the legislature, by concurrent resolution adopted

 

by a majority of those elected and serving in each house by a

 

record roll call vote, approves the comprehensive plan.

 

     (2) The department shall determine the need for a correctional

facility based upon the comprehensive plan developed pursuant to

 

subsection (1).

 

     (3) The department shall publish a notice that it proposes to

 

establish a correctional facility in a particular city, village, or

 

township. The notice shall appear in a newspaper of general

 

circulation in the area. In addition, the department shall notify

 

the following officials:

 

     (a) The state senator and the state representative

 

representing the district in which the correctional facility is to

 

be located.

 

     (b) The president of each state supported college or

 

university whose campus is located within 1 mile of the proposed

 

correctional facility.

 

     (c) The chief elected official of the city, village, or

 

township in which the correctional facility is to be located.

 

     (d) Each member of the governing body of the city, village, or

 

township in which the correctional facility is to be located.

 

     (e) Each member of the county board of commissioners of the

 

county in which the correctional facility is to be located.

 

     (f) The president of the local school board of the local

 

school district in which the correctional facility is to be

 

located.

 

     (g) The president of the intermediate school board of the

 

intermediate school district in which the correctional facility is

 

to be located.

 

     (4) With the notice, the department shall request the

 

chairperson of the county board of commissioners of the county in

 

which the correctional facility is to be located and the person

 

official notified pursuant to subsection (3)(c) to create a local

 

advisory board to assist in the identification of potential sites

 

for the correctional facility, to act as a liaison between the

 

department and the local community, and to ensure that the

 

comprehensive plan is being followed by the department. The

 

officials requested to create a local advisory board pursuant to

 

this subsection shall serve as co-chairpersons of that local

 

advisory board.

 

     (5) After the requirements of subsections (1), (2), (3), and

 

(4) are completed and the department has selected a potential site,

 

the department shall hold a public hearing in the city, village, or

 

township in which the potential site is located. The department

 

shall participate in the hearing and shall make a reasonable effort

 

to respond in writing to concerns and questions raised on the

 

record at the hearing. The hearing shall not be held until the

 

local advisory board created by subsection (4) has organized, or

 

sooner than 30 days after the notice is sent pursuant to subsection

 

(3), whichever occurs first.

 

     (6) Hearings conducted by the department shall conduct under

 

subsection (5) shall be open to the public and shall be held in a

 

place available to the general public. Any person shall be

 

permitted to attend a hearing except as otherwise provided in this

 

section. A person shall not be required as a condition to

 

attendance at a hearing to register or otherwise provide his or her

 

name or other information or otherwise to fulfill a condition

 

precedent to attendance. A person shall be permitted to address the

 

hearing under written procedures established by the department. A

 

person shall not be excluded from a hearing except for a breach of

 

the peace actually committed at the meeting.

 

     (7) The following provisions shall apply with respect to

 

public notice of hearings required under this section:department

 

shall provide public notice of the date, time, and place of the

 

hearing as follows:

 

     (a) A The public notice shall always contain the name of the

 

department, its telephone number, and its address.

 

     (b) A The public notice shall always be posted at the

 

department's principal office and other locations considered

 

appropriate by the department.

 

     (c) The required At least 10 days before the hearing, the

 

public notice for a hearing shall be posted in the office of the

 

county clerk of the county in which the facility is to be located

 

and shall be published in a newspaper of general circulation in the

 

county in which the facility is to be located.

 

     (d) A public notice stating the date, time, and place of the

 

hearing shall be posted at least 10 days before the hearing.

 

     (8) Minutes of each hearing required under this section shall

 

be kept showing the date, time, place, members of the local

 

advisory board present, members of the local advisory board absent,

 

and a summary of the discussions at the hearing. The minutes shall

 

be are public records open to public inspection and shall be

 

available at the address designated on posted public notices

 

pursuant to subsection (7). Copies of the minutes shall be

 

available from the department to the public at the reasonable

 

estimated cost for printing and copying.

 

     (9) On the basis of the information developed by the

 

department during the course of the site selection process, and

 

after community concerns have been responded to by the department

 

pursuant to subsection (5), the commission shall make a final site

 

determination for the correctional facility. The commission shall

 

make a finding that the site determination was made in compliance

 

with this section. This finding and notice of final site selection

 

shall be transmitted in writing by the commission to the local

 

advisory board, the officials described in subsection (3), and the

 

chairpersons of the senate and house appropriations committees.

 

     (10) An option to lease, purchase, or use property may be

 

obtained but shall not be exercised by the state for a correctional

 

facility until the commission has made a final site determination

 

and has transmitted a notice of final site selection as required in

 

subsection (9).

 

     (11) Notwithstanding section 4, a correctional facility with

 

more than 6 residents shall not be located in a single-family

 

residential district in violation of a local zoning ordinance.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.