Bill Text: MI SB0006 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Corrections; alternatives; certain definitions and requirements for the manner in which data regarding recidivism are collected; provide for in the community corrections act. Amends secs. 2 & 4 of 1988 PA 511 (MCL 791.402 & 791.404).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2017-04-18 - Assigned Pa 0003'17 With Immediate Effect [SB0006 Detail]
Download: Michigan-2017-SB0006-Engrossed.html
SB-0006, As Passed House, March 8, 2017
HOUSE SUBSTITUTE FOR
SENATE BILL NO. 6
A bill to amend 1988 PA 511, entitled
"Community corrections act,"
by amending sections 2 and 4 (MCL 791.402 and 791.404), as amended
by 2014 PA 466.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(a) "City advisory board" means a community corrections
advisory board created by a city under sections 6 and 7.
(b) "City-county advisory board" means a community corrections
advisory board created by a county and the largest city by
population within that county under sections 6 and 7.
(c) "Community corrections program" means a program that is
operated by or contracted for by a city, county, or group of
counties, or is operated by a nonprofit service agency, and that
offers programs, services, or both, instead of incarceration in
prison,
and which that are locally operated and span provide a
continuum of programming options from pretrial through post-
adjudication.
(d) "County advisory board" means a community corrections
advisory board created by a county under sections 6 and 7.
(e) "Department" means the department of corrections.
(f) "Evidence-based practices" means a progressive,
organizational use of direct, current scientific evidence to guide
and inform efficient and effective correctional services.
(g) "Key performance indicator" means a measure that captures
the performance of a critical variable to expand and improve
community-based corrections programs to promote offender success,
ensure accountability, enhance public safety, and reduce
recidivism.
(h) "Moderate to high risk" means that the individual assessed
has scored in the moderate to high range of risk using an
actuarial, objective, validated risk and need assessment
instrument.
(i) "Nonprofit service agency" means a nonprofit organization
that provides treatment, guidance, training, or other
rehabilitative services to individuals, families, or groups in such
areas as health, education, vocational training, special education,
social services, psychological counseling, alcohol and drug
treatment, community service work, victim restitution, and
employment.
(j) "Office" means the office of community corrections created
in section 3.
(k) "Plan" means a comprehensive corrections plan submitted by
a county, city, or regional advisory board under section 8.
(l) "Recidivism" means any rearrest, reconviction, or
reincarceration in prison or jail for a felony or misdemeanor
offense or a probation or parole violation of an individual as
measured first after 3 years and again after 5 years from the date
of his or her release from incarceration, placement on probation,
or conviction, whichever is later.
(m)
(l) "Regional
advisory board" means a community
corrections advisory board created by a group of 2 or more counties
under sections 6 and 7.
(n) (m)
"State board" means the
state community corrections
advisory board created in section 3.
(o) "Technical parole violation" means a violation of the
terms of a parolee's parole order that is not a violation of a law
of this state, a political subdivision of this state, another
state, or the United States or of tribal law.
(p) "Technical probation violation" means a violation of the
terms of a probationer's probation order that is not a violation of
a law of this state, a political subdivision of this state, another
state, or the United States or of tribal law.
Sec. 4. (1) The state board shall do all of the following:
(a) Adopt a variety of key performance indicators that promote
offender success, ensure the effective monitoring of offenders, and
evaluate community corrections programs. Performance indicators
must be relevant to this act and must be reviewed on an annual
basis.
At least Not less than 1 of the key performance measures
must be the recidivism rate of offenders supervised under this act.
There may be multiple recidivism measures to account for
accessibility to state and national databases, local ability to
collect data, and the resources needed to collect this data.
Nothing in this subdivision requires a community corrections
program operated under this act to collect, measure, maintain, or
track data for offenders who are not supervised by the community
corrections program.
(b) Adopt minimum program standards, policies, and rules for
community corrections programs. The program standards must include
evidence-based practices. Program eligibility must include moderate
to high risk offenders regardless of crime class or adjudication
status.
(c) Adopt an application process and procedures for funding
community corrections programs, including the format for
comprehensive corrections plans.
(d) Review, at least once every 3 years, the actuarial,
objective, validated risk and need assessment instruments to ensure
that they continue to meet the needs and requirements of community
corrections.
(e) Recommend funding for community corrections to the
director of the department based on program performance,
utilization, targeting of appropriate offenders, and adherence to
evidence-based practices.
(f) Research, review, and make recommendations regarding the
use of performance-based contracts within community corrections.
(2) Any data collected and maintained under this act regarding
recidivism rates must be collected and maintained in a manner that
separates the data regarding technical probation violations and
technical parole violations from data on new felony and misdemeanor
convictions.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
