Bill Text: MI SB0831 | 2019-2020 | 100th Legislature | Introduced

Michigan Senate Bill 831 (Prior Session Legislation)

Introduced

Bill Title: Corrections: other; women's prison oversight advisory committee; create. Amends secs. 1 & 5 of 1975 PA 46 (MCL 4.351 & 4.355) & adds sec. 4a.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced - Dead) 2020-10-14 - Referred To Committee Of The Whole With Substitute (s-1) [SB0831 Detail]

Download: Michigan-2019-SB0831-Introduced.html

SENATE BILL NO. 831

March 12, 2020, Introduced by Senators GEISS, CHANG, SANTANA, IRWIN, ALEXANDER, HERTEL, BULLOCK, BAYER, WOJNO and HOLLIER and referred to the Committee on Judiciary and Public Safety.

A bill to amend 1975 PA 46, entitled

"An act to create the office of the legislative corrections ombudsman; to prescribe the powers and duties of the office, the ombudsman, the legislative council, and the department of corrections; and to provide remedies from administrative acts,"

by amending sections 1 and 5 (MCL 4.351 and 4.355), section 1 as amended by 1998 PA 318 and section 5 as amended by 2018 PA 571, and by adding section 4a.

the people of the state of michigan enact:

Sec. 1. As used in this act:

(a) "Administrative act" includes an action, omission, decision, recommendation, practice, or other procedure of the department.

(b) "Advisory committee" means the women's prison oversight advisory committee created in section 4a.

(d) (c) "Council" means the legislative council established under section 15 of article IV of the state constitution of 1963.

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

(f) (e) "Legislator" means a member of the senate or the house of representatives of this state.

(g) (f) "Office" means the office of the legislative corrections ombudsman created under this act.

(h) "Official" means an official or employee of the department of corrections.

(i) (g) "Ombudsman" means the office of legislative corrections ombudsman.

(j) (h) "Prisoner" means a person committed to or under the jurisdiction of the department.

(i) "Official" means an official or employee of the department of corrections.

Sec. 4a. (1) The women's prison oversight advisory committee is created in the office.

(2) The advisory committee consists of the following 11 members appointed by the ombudsman:

(a) One physician who specializes in high-risk pregnancies.

(b) One physician who is board certified as an obstetrician-gynecologist.

(d) One licensed and practicing midwife.

(e) One practicing doula.

(f) One individual who was formerly incarcerated in a correctional facility that houses women.

(g) One individual who has trauma-specific and gender-responsive expertise.

(h) One individual who is a licensed bachelor's social worker, licensed masters' social worker, or possesses a doctor of philosophy degree in social work and who has expertise in reentry services for prisoners.

(i) One individual who is a teacher or an education academic or professional and who has expertise in adolescent development.

(j) One individual who is accredited by a national corrections institute.

(k) One individual who has expertise in sanitation and environmental services.

(3) The members first appointed to the advisory committee must be appointed within 90 days after the effective date of the amendatory act that added this section.

(4) Members of the advisory committee shall serve for terms of 4 years or until a successor is appointed, whichever is later, except that of the members first appointed, 3 shall serve for 1 year, 4 shall serve for 2 years, and 4 shall serve for 3 years.

(5) The ombudsman shall do all of the following in providing oversight of the advisory committee:

(a) Investigate the qualifications of individuals who may serve as a member, including the ability of the individual to maintain the confidentiality and secrecy requirements under section 9.

(b) Recruit members.

(c) In consultation with the council administrator, suspend a member and revoke any privilege available to a member under this act.

(d) In consultation with the advisory committee, recommend policies and procedures for the advisory committee to follow.

(e) Approve or deny any changes requested by the advisory committee to the policies and procedures recommended under subdivision (d).

(f) Present the recommendations under subdivision (d) at the first meeting of the advisory committee and every 4 years after the first meeting.

(g) Establish procedures for a member of the advisory committee to inspect a correctional facility under section 5(5).

(6) If a vacancy occurs on the advisory committee, the ombudsman shall make an appointment for the unexpired term in the same manner as the original appointment.

(7) If a member is suspended under subsection (5), the legislative council may remove that member of the advisory committee for incompetence, dereliction of duty, malfeasance, misfeasance, or nonfeasance in office, or any other good cause.

(8) The ombudsman shall call the first meeting of the advisory committee. The advisory committee shall meet not less than quarterly.

(9) Members of the advisory committee shall serve without compensation. However, members of the advisory committee may be reimbursed from the budget of the office for their actual and necessary expenses incurred in the performance of their official duties as members of the advisory committee.

(10) The advisory committee shall do all of the following:

(a) Monitor the following areas affecting female prisoners and report any issues to the ombudsman:

(i) Mental and physical health.

(ii) Nutritional needs and resources.

(iii) Conditions of confinement.

(b) Advise the ombudsman on best practices for the department to implement regarding confinement conditions and issues affecting female prisoners in correctional facilities, including, but not limited to, issues regarding the following:

(i) Access to nutritious and quality food.

(ii) Access to sufficient toilet paper and sanitary products, including products for postpartum bleeding.

(11) Members of the advisory committee are subject to the confidentiality and secrecy requirements under section 9.

(12) The legislature shall appropriate to the office sufficient funds necessary to implement this section.

Sec. 5. (1) Upon request and without the requirement of any release, the ombudsman shall be given access to and physical or electronic copies of all information, records, and documents in the possession of the department that the ombudsman considers necessary in an investigation, including, but not limited to, prisoner medical health records, prisoner mental health records, and prisoner mortality and morbidity records. Upon request, the ombudsman may interview any of the following individuals whom the ombudsman considers necessary in an investigation:

(a) An individual employed by or retained under contract by the department.

(b) An individual employed by or retained under contract by a private contractor that operates a facility or institution that houses prisoners under the jurisdiction of the department.

(2) Upon request and without notice, the ombudsman must be granted entrance to inspect at any time any premises under the control of the department. One ombudsman staff person must also be granted entry into a correctional facility or the department's "think tank" or "command center" during emergency situations including, but not limited to, correctional facility disturbances, riots, and hostage incidents, and must be provided with updates regarding the status of the emergent situation as well as the department's efforts to address the situation. The ombudsman staff person granted entry for an emergency situation under this subsection is present for observation and to report on the emergency situation.

(3) The ombudsman may hold informal hearings and may request that any person appear before the ombudsman, or at a hearing, and give testimony or produce documentary or other evidence that the ombudsman considers relevant to a matter under investigation.

(4) The ombudsman shall arrange an interview under subsection (1) in cooperation with the department at a time and location that does not interfere with the operation of a correctional facility.

(5) Upon request and without notice, the department shall grant a member of the advisory committee entrance to inspect a correctional facility that houses female prisoners.