Bill Text: MI HB4467 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Corrections; other; use of certain privately owned correctional facility to house certain adult inmates; allow. Amends sec. 20i of 1953 PA 232 (MCL 791.220i).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2015-06-10 - Assigned Pa 49'15 With Immediate Effect [HB4467 Detail]
Download: Michigan-2015-HB4467-Introduced.html
HOUSE BILL No. 4467
April 16, 2015, Introduced by Rep. Bumstead and referred to the Committee on Judiciary.
A bill to amend 1953 PA 232, entitled
"Corrections code of 1953,"
by amending section 20i (MCL 791.220i), as amended by 2012 PA 599.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 20i. (1) If the correctional facility described in
section 20g is not utilized by the department for housing inmates
or detainees under the terms of section 20g, the private contractor
that operates that correctional facility may utilize the facility
for housing, custody, and care of detainees or inmates from any of
the following agencies, either by directly contracting with those
local, state, or federal agencies or by having 1 or more local,
state, or federal agencies enter into an interlocal agreement with
the township or county in which the facility is located, or the
county sheriff for the county in which the facility is located, who
in turn may contract with the private contractor for services to be
provided under the terms of the interlocal agreement, subject to
the requirements of this section:
(a) Other local, state, or federal agencies.
(b) The department if the detainees or inmates are older than
19 years of age and under the jurisdiction of the department.
(2) If all contractual factors regarding potential inmates or
detainees are equal, the private contractor shall give preference
to the admission of inmates or detainees sent from agencies within
this state, including the department.
(3) Any contract under this section for the housing, custody,
and care of detainees or inmates from other local, state, or
federal agencies shall require all of the following:
(a) The private contractor that operates the facility shall do
all of the following:
(i) Obtain accreditation of the facility by the American
correctional
association Correctional
Association within 24 months
after the private contractor commences operations at the facility
and maintain that accreditation throughout the term of any contract
for the use of the facility.
(ii) Operate the facility in compliance with the applicable
standards
of the American correctional association.Correctional
Association.
(b) The personnel employed by the private contractor in the
operation of the facility shall meet the employment and training
requirements set forth in the applicable standards of the American
correctional
association, Correctional
Association, and also shall
meet any higher training and employment standards that may be
mandated under a contract between the private contractor and a
local, state, or federal agency that sends inmates or detainees to
the facility.
(c) Any serious incident that occurs at the facility shall be
reported immediately to the sheriff of the county and the state
police.
(4) An inmate or detainee housed at the facility shall not
participate in work release, a work camp, or another similar
program or activity occurring outside the secure perimeter of the
facility without the authorization of the initiating jurisdiction.
(5) The facility shall allow the presence of on-site monitors
from any local, state, or federal agency that sends inmates or
detainees to the facility, for the purpose of monitoring the
conditions of confinement of those inmates or detainees. Whenever
the private contractor submits a written report to a local, state,
or federal agency that sends inmates or detainees to the facility,
the private contractor shall send copies of the written report to
the township supervisor, the board of county commissioners, the
county sheriff, and the department.
(6) Personnel employed at the facility by the private
contractor who have met the employment and training requirements
set
forth in the applicable standards of the American correctional
association
Correctional Association have full authority to perform
their duties and responsibilities under law, including, but not
limited to, exercising the use of force in the same manner and to
the same extent as would be authorized if those personnel were
employed in a correctional facility operated by the department.
(7) A contract with a local, state, or federal agency that
sends inmates or detainees to the facility shall not require,
authorize, or imply a delegation of the authority or responsibility
to the private contractor to do any of the following:
(a) Develop or implement procedures for calculating inmate
release and parole eligibility dates or recommending the granting
or denying of parole, although the private contractor may submit
written reports that have been prepared in the ordinary course of
business.
(b) Develop or implement procedures for calculating and
awarding earned credits, including good time credits, disciplinary
credits, or similar credits affecting the length of an inmate's
incarceration, approving the type of work inmates may perform and
the wage or earned credits, if any, that may be awarded to inmates
engaging in that work, and granting, denying, or revoking earned
credits.
(8) An inmate or detainee shall not be housed at
the facility
unless
the security classification of the inmate or detainee, as it
would
be determined by the department if he or she were being
housed
in a state correctional facility, is level IV or below, and
has
never previously been above level IV.
(8) (9)
Inmates and detainees shall be
transferred to and from
the facility in a secure manner. Any inmate or detainee housed at
the facility who was sent from another state, a local agency
outside this state, or the federal government shall be returned to
the agency that sent the inmate or detainee upon completion of the
inmate's or detainee's term of incarceration in the facility and
shall not be released from custody within this state.
(9) (10)
The department of corrections is
not responsible for
oversight of the facility. This state, or any department or agency
of this state, is not civilly liable for damages arising out of the
operation of the facility.
(10) (11)
As used in this section:
(a) "Facility" means the former Michigan youth correctional
facility described in subsection (1).
(b)
"Security classification" means 1 of 6 levels of
restrictiveness
enforced in housing units at each state
correctional
facility, as determined by the department, with
security
level I being the least restrictive and security level VI
being
the most restrictive.
(b) (c)
"Serious incident" means
a disturbance at the facility
involving 5 or more inmates or detainees, a death of an inmate or
detainee, a felony or attempted felony committed within the
facility, or an escape or attempted escape from the facility.
