Bill Text: MI SB0878 | 2011-2012 | 96th Legislature | Engrossed
Bill Title: Corrections; other; use of a certain youth correctional facility to house certain adult inmates; provide for, and allow department of corrections to contract with certain other vendors for placement of prisoners. Amends secs. 20i, 29, 63, 63a, 65, 65a, 69a & 70 of 1953 PA 232 (MCL 791.220i et seq.) & adds sec. 20j. TIE BAR WITH: HB 5174'11
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2012-12-31 - Assigned Pa 0599'12 [SB0878 Detail]
Download: Michigan-2011-SB0878-Engrossed.html
SB-0878, As Passed Senate, March 7, 2012
SUBSTITUTE FOR
SENATE BILL NO. 878
A bill to amend 1953 PA 232, entitled
"Corrections code of 1953,"
by amending sections 29, 63, 63a, 69a, and 70 (MCL 791.229,
791.263, 791.263a, 791.269a, and 791.270), section 29 as amended by
2010 PA 248 and sections 63, 63a, 69a, and 70 as amended by 1998 PA
512.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 29. Except as otherwise provided by law, all records and
reports of investigations made by a probation officer, and all case
histories of probationers shall be privileged or confidential
communications not open to public inspection. Judges and probation
officers shall have access to the records, reports, and case
histories. The probation officer, the assistant director of
probation, or the assistant director's representative shall permit
the attorney general, the auditor general, and law enforcement
agencies to have access to the records, reports, and case histories
and
shall permit designated representatives of a private vendor
contractor
that operates a youth correctional
facility under
section 20g to have access to the records, reports, and case
histories
pertaining to prisoners assigned to the youth
correctional
that facility. The relation of confidence between the
probation officer and probationer or defendant under investigation
shall remain inviolate.
Sec. 63. (1) The wardens of the correctional facilities of
this state shall be appointed by the director of corrections and
shall be within the state civil service. The assistant director in
charge of the bureau of correctional facilities shall, subject to
the approval of the director, appoint personnel within the bureau
as may be necessary. Members of the staff and employees of each
correctional facility shall be appointed by the warden subject to
the approval of the director.
(2) As used in this section, "correctional facility" does not
include
a youth correctional facility authorized under described in
section
20g if that facility is operated by a private
vendor.contractor.
Sec. 63a. (1) A person employed by the department of
corrections in a correctional facility who is injured as a result
of an assault by a prisoner housed in the correctional facility or
injured during a riot shall receive his or her full wages by the
department of corrections until worker's compensation benefits
begin and then shall receive in addition to worker's compensation
benefits a supplement from the department which together with the
worker's compensation benefits shall equal but not exceed the
weekly net wage of the employee at the time of the injury. This
supplement shall only apply while the person is on the department's
payroll and is receiving worker's compensation benefits. Fringe
benefits normally received by an employee shall be in effect during
the time the employee receives the supplement provided by this
section from the department.
(2) Subsection (1) also applies to a person who is employed by
the department of corrections who, while performing his or her
duties
in a youth correctional facility
described in section 20g,
is
injured as a result of an assault by a prisoner housed in the
youth
that correctional facility or is injured during a riot in
the
youth
that correctional facility. However, subsection (1) does
not
apply to any person employed by, or retained under contract by, a
private
vendor contractor that operates a youth correctional
facility described in section 20g.
(3)
For purposes of this section, :
(a)
"Correctional facility" "correctional
facility" means a
facility that houses prisoners committed to the jurisdiction of the
department, including a community corrections center.
(b)
"Youth correctional facility" means a facility authorized
under
section 20g.
Sec. 69a. (1) A visitor to a state correctional facility shall
not be subjected to a pat down search unless every person
performing or assisting in performing the pat down search is of the
same sex as the person being searched. If the necessary personnel
are
not readily available, a visitor at his or her option may sign
waive the provisions of this subsection by signing a waiver
provided
by the department of corrections.
, waiving the provisions
of
this subsection.
(2) As used in this section:
(a) "Pat down search" means a search of a person in which the
person conducting the search touches the body or clothing, or both,
of the person being searched to detect the presence of concealed
objects.
(b)
"State correctional facility" includes a youth
correctional facility operated under section 20g by the department
or
a private vendor.contractor.
Sec. 70. (1) A correctional facility may monitor telephone
communications over telephones available for use by prisoners in
the correctional facility if all of the following conditions are
met:
(a) The director promulgates rules under which the monitoring
is to be conducted, and the monitoring is conducted in accordance
with those rules. The rules shall include provisions for minimizing
the intrusiveness of the monitoring and shall prescribe a procedure
by which a prisoner may make telephone calls to his or her
attorney, and any federal, state, or local public official if
requested by that public official, that are not monitored.
(b) The monitoring is routinely conducted for the purpose of
preserving the security and orderly management of the correctional
facility, interdicting drugs and other contraband, and protecting
the public, and is performed by employees of the department or, in
the
case of a youth correctional facility operated by a private
vendor
contractor under section 20g, is conducted by employees of
the
private vendor.contractor.
(c) Notices are prominently posted on or near each telephone
subject to monitoring informing users of the telephone that
communications over the telephone may be monitored.
(d) In addition to the posting of notices under subdivision
(c), the prisoners in the correctional facility are given
reasonable notice of the rules promulgated under subdivision (a).
(e) Each party to the conversation is notified by voice that
the conversation is being monitored.
(2) A correctional facility shall disclose information
obtained
pursuant to under this section regarding a crime or
attempted crime to any law enforcement agency having jurisdiction
over that crime or attempted crime.
(3)
Evidence obtained pursuant to under
this section regarding
a crime or attempted crime may be considered as evidence in a
criminal prosecution for that crime or attempted crime.
(4) As used in this section:
(a)
"Correctional facility" includes a youth correctional
facility
operated under section 20g by the department or a private
vendor.contractor.
(b) "Monitor" means to listen to or record, or both.
