Bill Text: MI SB0023 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Criminal procedure; other; swift and sure probation sanctions; modify, and create the swift and sure probation supervision fund. Amends secs. 3, 4, 5 & 6, ch. XIA of 1927 PA 175 (MCL 771A.3 et seq.) & adds heading for ch. XIA.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2017-04-18 - Assigned Pa 0017'17 With Immediate Effect [SB0023 Detail]
Download: Michigan-2017-SB0023-Introduced.html
SENATE BILL No. 23
January 18, 2017, Introduced by Senator PROOS and referred to the Committee on Michigan Competitiveness.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending sections 3, 4, 5, and 6 of chapter XIA (MCL 771A.3,
771A.4, 771A.5, and 771A.6), as added by 2012 PA 616, and by adding
a heading for chapter XIA.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER XIA
PROBATION SWIFT AND SURE SANCTIONS ACT
Sec. 3. It is the intent of the legislature to create a
voluntary state program to fund swift and sure probation
supervision
at the local level based upon on the immediate
detection
of probation violations and the prompt the imposition of
sanctions and remedies to address those violations. In furtherance
of
this intent, the state swift and sure sanctions program is
created
with the following objectives:must
be implemented and
maintained as provided in this chapter as follows:
(a) Probationers are to be sentenced with prescribed terms of
probation meeting the objectives of this chapter. Probationers are
to be aware of their probation terms as well as the consequences
for violating the terms of their probation.
(b) Probationers are to be closely monitored and every
detected violation is to be promptly addressed by the court.
(c) Probationers are to be arrested as soon as a violation has
been detected and are to be promptly taken before a judge for a
hearing on the violation.
(d) Continued violations are to be addressed by increasing
sanctions and remedies as necessary to achieve results.
(e) To the extent possible and considering local resources,
probationers subject to swift and sure probation under this chapter
shall
be treated uniformly throughout the this state.
Sec.
4. (1) Beginning January 1, 2013, the The swift and sure
probation supervision fund is created within the state treasury.
The state treasurer may receive money or other assets from any
source for deposit into the fund. The state treasurer shall direct
the investment of the fund. The state treasurer shall credit to the
fund interest and earnings from fund investments. Money in the fund
at the close of the fiscal year shall remain in the fund and shall
not lapse to the general fund.
(2) The state treasurer shall allocate sufficient funds to
allow
the state court administrative office shall,
to, under the
supervision of the supreme court, expend funds from the swift and
sure probation supervision fund to administer this chapter and to
provide grants under this chapter to fund programs of swift and
sure probation supervision in the circuit court that meet the
objectives set forth in section 3 of this chapter and the
requirements of section 5 of this chapter.
(3) (2)
A court may apply for a grant to
fund a program of
swift and sure probation supervision under this chapter by filing a
written application with the state court administrative office in
the manner required by that office. The funding of all grants under
this chapter is subject to appropriation.
(4) A court that has received a grant under this chapter to
fund programs of swift and sure probation supervision may accept
participants from any other jurisdiction in this state based upon
either the residence of the participant in the receiving
jurisdiction or the unavailability of a swift and sure probation
supervision program in the jurisdiction where the participant is
charged. The transfer may occur at any time during the proceedings,
including, but not limited to, prior to adjudication. The receiving
court shall have jurisdiction to impose sentence, including, but
not limited to, sanctions, incentives, incarceration, and phase
changes. A transfer under this subsection is not valid unless it is
agreed to by all of the following individuals:
(a) The defendant or respondent in writing.
(b) The attorney representing the defendant or respondent.
(c) The judge of the transferring court and the prosecutor of
the case.
(d) The judge of the receiving court and the prosecutor of the
receiving court funding unit.
Sec.
5. (1) A program of swift and sure probation supervision
funded
under section 4 judge shall do all of the following if swift
and sure probation applies to a probationer:
(a)
Require the court to inform Inform
the probationer in
person of the requirements of his or her probation and the
sanctions and remedies that may apply to probation violations.
(b) Adhere to and not depart from the prescribed list of
sanctions and remedies imposed on the probationer.
(c) (b)
Require the probationer to
initially meet in person
with a probation agent or probation officer and as otherwise
required by the court.
(d) (c)
Provide for an appearance before
the judge or another
judge for any probation violation as soon as possible but within 72
hours after the violation is reported to the court unless a
departure from the 72-hour requirement is authorized for good cause
as determined by criteria established by the state court
administrative office.
(e) (d)
Provide for the immediate
imposition of sanctions and
remedies approved by the state court administrative office to
effectively address probation violations. The sanctions and
remedies
approved under this subdivision may include , but need not
be
limited to, 1 or more of the
following:
(i) Temporary incarceration in a jail or other facility
authorized by law to hold probation violators.
(ii) Extension of the period of supervision within the period
provided by law.
(iii) Additional reporting and compliance requirements.
(iv) Testing for the use of drugs and alcohol.
(v) Counseling and treatment for emotional or other mental
health problems, including for substance abuse.
(vi) Probation revocation.
(2) The state court administrative office may, under the
supervision of the supreme court, do any of the following regarding
programs funded under this chapter:
(a) Establish general eligibility requirements for offender
participation.
(b) Require courts and offenders to enter into written
participation agreements.
(c) Create recommended and mandatory sanctions and remedies
for use by participating courts.
(d) Establish criteria for deviating from recommended and
mandatory
sanctions and remedies when if
necessary to address
special circumstances.
(e) Establish a system for determining sanctions and remedies
that should or may be imposed under subdivision (c) and for
alternative sanctions and remedies under subdivision (d).
(3) An individual who is eligible to participate in the swift
and sure probation supervision program may request that he or she
not be sentenced to probation in that program. The court may place
an individual described in this subsection on probation under
chapter XI.
Sec. 6. (1) The state court administrative office may, under
the supervision of the supreme court, consult with the department
of
corrections when establishing initial programming and
eligibility
requirements under this chapter.
(2) An individual is eligible for the swift and sure probation
supervision program if either of the following applies:
(a) He or she receives a risk score of high on a validated
risk assessment.
(b) He or she receives a risk score other than high or low on
the validated risk assessment and the judge, prosecutor, and
defendant agree to the defendant's placement in the program.
(3) A defendant who is charged with a crime under 1 or more of
the following is not eligible under this chapter:
(a) Sections 316, 317, 520b, 520d, 529, or 544 of the Michigan
penal code, 1931 PA 328, MCL 750.316, 750.317, 750.520b, 750.520d,
750.529, and 750.544.
(b) A major controlled substance offense as that term is
defined in section 2 of chapter I of the code of criminal
procedure, 1927 PA 175, MCL 761.2.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
