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 House, December 13, 2012
HOUSE SUBSTITUTE FOR
SENATE BILL NO. 878
A bill to amend 1953 PA 232, entitled
"Corrections code of 1953,"
by amending sections 20i, 29, 63, 63a, 65, 65a, 69a, and 70 (MCL
791.220i, 791.229, 791.263, 791.263a, 791.265, 791.265a, 791.269a,
and 791.270), section 20i as added by 2006 PA 351, section 29 as
amended by 2010 PA 248, sections 63, 63a, 65, 69a, and 70 as
amended by 1998 PA 512, and section 65a as amended by 1998 PA 315,
and by adding section 20j.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
20i. (1) If the Michigan youth correctional facility
established
pursuant to described in section 20g in Webber
township,
Lake county, Michigan, is not
utilized by the department
for
housing inmates or detainees under the jurisdiction of the
department,
terms of section 20g, the private vendor contractor
that
operates the Michigan youth that
correctional facility may
utilize the facility for housing, custody, and care of detainees or
inmates
from other local, state, or federal agencies, 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
Webber
the township
, Lake or county in which the facility is
located, or the county sheriff for Lake the county in which the
facility is located, who in turn may contract with the private
vendor
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 vendor contractor
shall give
preference to the admission of inmates or detainees sent from
agencies within this state, including the department.
(3) (2)
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 vendor contractor
that operates the facility
shall do all of the following:
(i) Obtain accreditation of the facility by the American
correctional
association within 24 months after the private vendor
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.
(b)
The personnel employed by the private vendor 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, and also shall meet any higher
training and employment standards that may be mandated under a
contract
between the private vendor 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 Lake the county and the
state police.
(4) (3)
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) (4)
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 vendor contractor
submits a written report to
a local, state, or federal agency that sends inmates or detainees
to
the facility, the private vendor contractor shall send copies
of
the
written report to the township supervisor, for Webber township,
the
board of county commissioners, for Lake county, the county
sheriff, of
Lake county, and the department.
(6) (5)
Personnel employed at the facility
by the private
vendor
contractor who have met the employment and training
requirements set forth in the applicable standards of the American
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) (6)
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 vendor 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 vendor 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) (7)
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.
(9) (8)
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.
(10) (9)
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.
(11) (10)
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.
(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.
Senate Bill No. 878 (H-3) as amended December 14, 2012
Sec. 20j. (1) This act does not prohibit the department from
contracting with an operator of a privately owned correctional
facility to house and manage inmates under the jurisdiction of the
department [if
] the contract will result in an annual cost
savings of at least 10% to the state. [The department shall annually
document and report the savings to the legislature.]
(2) If the department contracts with a privately owned
correctional facility, the contractor shall interview and consider
for employment employees or former employees of the department who
lose or reasonably expect to lose their position of employment with
the department as a result of prison closures. The contractor shall
also give consideration to the hiring of unemployed national guard
and reserve officers and military personnel who are returning to
this state following active deployment. This section does not
create a property interest in employment.
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 facility or institution
that houses prisoners under the
jurisdiction of the department 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 or 20j 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 or
20j, 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 or 20j.
(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. 65. (1) Under rules promulgated by the director of the
department, the assistant director in charge of the bureau of
correctional facilities, except as otherwise provided in this
section, may cause the transfer or re-transfer of a prisoner from a
correctional facility to which committed to any other correctional
facility, or temporarily to a state institution for medical or
surgical treatment. In effecting a transfer, the assistant director
of the bureau of correctional facilities may utilize the services
of an executive or employee within the department and of a law
enforcement officer of the state.
(2) A prisoner who is subject to disciplinary time and is
committed to the jurisdiction of the department shall be confined
in a secure correctional facility for the duration of his or her
minimum sentence, except for periods when the prisoner is away from
the secure correctional facility while being supervised by an
employee
of the department or by an employee of a private vendor
contractor
that operates a youth correctional
facility under
section
20g facility or institution
that houses prisoners under the
jurisdiction of the department for 1 of the following purposes:
(a) Visiting a critically ill relative.
(b) Attending the funeral of a relative.
(c) Obtaining medical services not otherwise available at the
secure correctional facility.
(d) Participating in a work detail.
(3) As used in this section, "offender" means a citizen of the
United States or a foreign country who has been convicted of a
crime and been given a sentence in a country other than the country
of which he or she is a citizen. If a treaty is in effect between
the United States and a foreign country, which provides for the
transfer of offenders from the jurisdiction of 1 of the countries
to the jurisdiction of the country of which the offender is a
citizen, and if the offender requests the transfer, the governor of
this state or a person designated by the governor may give the
approval of this state to a transfer of an offender, if the
conditions of the treaty are satisfied.
(4) Not less than 45 days before approval of a transfer
pursuant to subsection (3) from this state to another country, the
governor, or the governor's designee, shall notify the sentencing
judge and the prosecuting attorney of the county having original
jurisdiction, or their successors in office, of the request for
transfer. The notification shall indicate any name changes of the
offender subsequent to sentencing. Within 20 days after receiving
such notification, the judge or prosecutor may send to the
governor, or the governor's designee, information about the
criminal action against the offender or objections to the transfer.
Objections to the transfer shall not preclude approval of the
transfer.
(5) As used in this section, "secure correctional facility"
means a facility that houses prisoners under the jurisdiction of
the department according to the following requirements:
(a) The facility is enclosed by a locked fence or wall that is
designed to prevent prisoners from leaving the enclosed premises
and that is patrolled by correctional officers.
(b) Prisoners in the facility are restricted to the area
inside the fence or wall.
(c) Prisoners are under guard by correctional officers 7 days
per week, 24 hours per day.
Sec. 65a. (1) Under prescribed conditions, the director may
extend the limits of confinement of a prisoner when there is
reasonable assurance, after consideration of all facts and
circumstances, that the prisoner will not become a menace to
society or to the public safety, by authorizing the prisoner to do
any of the following:
(a) Visit a specifically designated place or places. An
extension of limits may be granted only to a prisoner housed in a
state correctional facility to permit a visit to a critically ill
relative, attendance at the funeral of a relative, or contacting
prospective employers. The maximum amount of time a prisoner is
eligible for an extension of the limits of confinement under this
subdivision shall not exceed a cumulative total period of 30 days.
(b) Obtain medical services not otherwise available to a
prisoner housed in a state correctional facility.
(c) Work at paid employment, participate in a training or
educational program, or participate in a community residential drug
treatment program while continuing as a prisoner housed on a
voluntary basis at a community corrections center or in a community
residential home.
(2) The director shall promulgate rules to implement this
section.
(3) The willful failure of a prisoner to remain within the
extended limits of his or her confinement or to return within the
time prescribed to an institution or facility designated by the
director shall be considered an escape from custody as provided in
section 193 of the Michigan penal code, 1931 PA 328, MCL 750.193.
(4) Subject to subsection (8), a prisoner, other than a
prisoner subject to disciplinary time, who is convicted of a crime
of violence or any assaultive crime is not eligible for the
extensions of the limits of confinement provided in subsection (1)
until the minimum sentence imposed for the crime has less than 180
days remaining.
(5) Subject to subsection (8), a prisoner subject to
disciplinary time is not eligible for the extensions of the limits
of confinement provided in subsection (1) until he or she has
served the minimum sentence imposed for the crime.
(6) However, notwithstanding subsections (4) or (5), if the
reason for the extension is to visit a critically ill relative,
attend the funeral of a relative, or obtain medical services not
otherwise available, the director may allow the extension under
escort as provided in subsection (1).
(7) A prisoner serving a sentence for murder in the first
degree is not eligible for the extensions of confinement under this
section until a parole release date is established by the parole
board and in no case before serving 15 calendar years with a good
institutional adjustment.
(8) A prisoner who is convicted of a crime of violence or any
assaultive crime, and whose minimum sentence imposed for the crime
is 10 years or more, shall not be placed in a community residential
home during any portion of his or her sentence.
(9) As used in this section:
(a) "Community corrections center" means a facility either
contracted for or operated by the department in which a security
staff is on duty 7 days per week, 24 hours per day.
(b) "Community residential home" means a location where
electronic monitoring of prisoner presence is provided by the
department 7 days per week, 24 hours per day, except that the
department may waive the requirement that electronic monitoring be
provided as to any prisoner who is within 3 months of his or her
parole date.
(c)
"State correctional facility" means a facility owned or
leased
by or institution that houses
a prisoner population under
the jurisdiction of the department. State correctional facility
does not include a community corrections center or community
residential home.
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.means a
facility or institution that houses
prisoners under the jurisdiction of the department.
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 or 20j, 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 or 20j by the department or a
private
vendor.contractor.
(b) "Monitor" means to listen to or record, or both.
