Bill Text: MI SB0195 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Corrections: other; family advisory board; establish. Amends 1953 PA 232 (MCL 791.201 - 791.285) by adding sec. 14a.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2020-12-30 - Assigned Pa 0309'20 [SB0195 Detail]
Download: Michigan-2019-SB0195-Introduced.html
SENATE BILL No. 195
March 12, 2019, Introduced by Senators CHANG and LUCIDO and referred to the Committee on Judiciary and Public Safety.
A bill to amend 1953 PA 232, entitled
"Corrections code of 1953,"
(MCL 791.201 to 791.285) by adding section 14a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 14a. (1) The family advisory board is created within the
department. The board shall consist of not fewer than 10 and not
more than 15 members, including the following:
(a) One individual appointed by the governor who is an
employee of the department as designated by the director.
(b) The legislative corrections ombudsman.
(2) The board must also include the following members
appointed by the governor based upon the recommendations submitted
to the governor by nonprofit entities serving individuals with
family members who are incarcerated:
(a) Not fewer than 2 or more than 3 individuals who are family
members of individuals currently incarcerated in Michigan.
(b) Not fewer than 1 or more than 3 individuals who are family
members of individuals who were formerly incarcerated in Michigan.
(c) Not fewer than 1 individual who has a parent formerly or
currently incarcerated in Michigan.
(d) Not fewer than 1 or more than 2 individuals who were
formerly incarcerated in Michigan.
(e) One individual who is a social worker who has training and
expertise dealing with mental health issues and experience working
with formerly or currently incarcerated individuals.
(f) One individual who is an advocate for or mentor to
individuals incarcerated in Michigan.
(g) Not fewer than 1 or more than 2 individuals nominated by
the State Bar of Michigan who have experience working with formerly
or currently incarcerated individuals and their family members.
(3) Except for the members described in subsection (1),
members of the board shall serve for a term of 2 years, except that
of the members first appointed, 5 shall serve 1-year terms with the
remaining members serving 2-year terms.
(4) The members described in subsection (1) shall serve for
terms without expiration, except that a member described in
subsection (1)(a) shall only serve as a member of the board so long
as he or she is a department employee. A vacancy created as a
result of a member described in subsection (1)(a) leaving
employment with the department must be filled in the same manner as
the original appointment.
(5) A vacancy on the board must be filled in the same manner
as the original appointment. A member appointed to fill a vacancy
occurring other than by expiration of a term must be appointed for
the remainder of the unexpired term.
(6) The first meeting of the board must be called not more
than 90 days after the effective date of the amendatory act that
added this section. At the first meeting, the board shall elect
from among its members a chairperson and other officers as it
considers necessary or appropriate, who shall serve 1-year terms
and who may be reelected. After the first meeting, the board shall
meet at least quarterly, or more frequently at the call of the
chairperson, or if requested by a majority of the members then
serving.
(7) A majority of the members of the board constitute a quorum
for the transaction of business at a meeting of the board. A
majority of the members present and serving are required for the
official action of the board.
(8) Except as provided in this subsection, the business that
the board may perform must be conducted at a public meeting of the
board held in compliance with the open meetings act, 1976 PA 267,
MCL 15.261 to 15.275. The board may close a meeting to the public
for purposes of sharing or discussing confidential or private
information regarding a prisoner or his or her family member. If
the board closes a meeting to the public as described in this
subsection, the board shall reopen the meeting to the public after
the sharing or discussion of confidential or private information is
completed. The board shall close a meeting to the public for
purposes of sharing or discussing medical or psychological
information about a named prisoner and ensure that the sharing or
discussion of medical or psychological information about a named
prisoner also complies with any current departmental policies
regarding the sharing or discussion of medical or psychological
information about a named prisoner. Nothing in this section affects
the rights provided to a department employee under the state civil
service commission rules or an applicable collective bargaining
agreement. As used in this subsection, "confidential or private
information" means information regarding intimidation of or by a
named prisoner, formal and documented complaints of unprofessional
or criminal behavior by a named department employee or an
individual working under a contract with the department, medical or
psychological information about a named prisoner or a named family
member of a prisoner, or any other similar sensitive and private
information regarding a specific prisoner that the board and
department reasonably determine should be kept confidential.
Confidential or private information does not include information
that is currently available to the public, or that is readily
available to the public from another source.
(9) Except as provided in this subsection, a writing prepared,
owned, used, in the possession of, or retained by the board in the
performance of an official function is subject to the freedom of
information act, 1976 PA 442, MCL 15.231 to 15.246. A writing
prepared, owned, used, in the possession of, or retained by the
board in the performance of an official function is not subject to
the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246,
if the writing contains confidential or private information as that
term is defined in subsection (8).
(10) Members of the board shall serve without compensation.
However, members of the board may be reimbursed for their actual
and necessary expenses incurred in the performance of their
official duties as members of the board.
(11) The board shall do all of the following:
(a) Assist and advise the department regarding the development
of policies and procedures that support family reunification during
and after incarceration.
(b) Assist and advise the department regarding the development
of programs that support family reunification during and after
incarceration.
(c) Enhance communication between the department and families
regarding issues that impact a broad range of incarcerated and
formerly incarcerated individuals and their families, including,
but not limited to, gathering information from individuals in the
region and across the state with family members who are or have
been incarcerated, including a review of comment cards submitted at
individual correctional facilities.
(d) Identify barriers concerning family reunification during
and after incarceration.
(e) File an annual report with the chairs of the committees of
the senate and house of representatives concerned with the
department and criminal justice issues regarding its activities
under this section. The report must be filed not later than October
1 of each year.
(12) The department shall provide any staffing necessary for
the board to fulfill its duties under this section.
(13) The board may, in its discretion, create regional
committees or facility-focused family councils to carry out its
duties.
(14) The department shall provide information about the board
on its website and in the waiting rooms of correctional facilities,
including the board's contact information for obtaining information
and assistance with family-related issues.
Enacting section 1. This amendatory act takes effect October
1, 2019.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No. 196
of the 100th Legislature is enacted into law.
