HB-4272, As Passed House, March 22, 2007

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4272

 

February 14, 2007, Introduced by Rep. Condino and referred to the Committee on Judiciary.

 

     A bill to amend 1927 PA 175, entitled

 

"The code of criminal procedure,"

 

by amending section 3b of chapter XI (MCL 771.3b), as amended by

 

1998 PA 49.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

                              CHAPTER XI

 

     Sec. 3b. (1) In addition to any other terms or conditions of

 

probation provided for under this chapter, the court may require

 

under a probation order that a person convicted of a crime, except

 

a crime specified in subsection (17) (16), for which a sentence in

 

a state correctional facility may be imposed shall satisfactorily

 

complete a program of incarceration in a special alternative

 

incarceration unit, and a period of not less than 120 days of

 

probation under intensive supervision. The special alternative

 


incarceration program shall be established and operated by the

 

department of corrections as provided in the special alternative

 

incarceration act, 1988 PA 287, MCL 798.11 to 798.18. The court

 

also may require the person to satisfactorily complete a local

 

residential program of vocational training, education, and

 

substance abuse treatment, pursuant to subsection (9) or (10).

 

     (2) In order for a person to be placed in a special

 

alternative incarceration program, the person shall meet all of the

 

following requirements:

 

     (a) The person has never served a sentence of imprisonment in

 

a state correctional facility.

 

     (a) (b) The person would likely be sentenced to imprisonment

 

in a state correctional facility.

 

     (b) (c) The felony sentencing guidelines upper limit for the

 

recommended minimum sentence for the person's offense is 12 months

 

or more, as determined by the department. This subdivision does not

 

apply in either of the following circumstances:

 

     (i) The person's offense is not covered by the felony

 

sentencing guidelines.

 

     (ii) The reason for the person being considered for placement

 

is that he or she violated the conditions of his or her probation.

 

     (c) (d) The person is physically able to participate in the

 

special alternative incarceration program.

 

     (d) (e) The person does not appear to have any mental

 

disability that would prevent participation in the special

 

alternative incarceration program.

 

     (3) Subsection (2)(b) and (c) do (2)(a) and (b) does not

 


prevent the department of corrections from entering into contracts

 

with counties for participation in the county jail special

 

alternative incarceration program. The county jail special

 

alternative program is a program in which convicted felons who

 

would have been sentenced to a county jail with a sentence of 6 to

 

12 months can participate.

 

     (4) Before a court may place a person pursuant to this

 

section, an initial investigation shall be completed by the

 

probation officer. The initial investigation shall establish that

 

the person meets the requirements of subsection (2)(a). and (b).

 

     (5) After a person is placed in a special alternative

 

incarceration program, the department shall establish that the

 

person meets the requirements of subsection (2). If the person does

 

not meet the requirements of subsection (2), the person shall be

 

returned to the court for sentencing. The placement of a person in

 

a special alternative incarceration program is conditioned upon the

 

person meeting the requirements of subsection (2). If a person does

 

not meet the requirements of subsection (2), the probation order is

 

rescinded, and the person shall be sentenced in the manner provided

 

by law.

 

     (6) A person shall not be placed in a program of special

 

alternative incarceration unless the person consents to the

 

placement.

 

     (7) In every case in which a person is placed in a special

 

alternative incarceration program, the clerk of the sentencing

 

court shall, within 5 working days after the placement, mail to the

 

department of corrections a certified copy of the judgment of

 


sentence and the presentence investigation report of the person

 

being placed.

 

     (8) Except as provided in subsections (9) to (12), a person

 

shall be placed in a special alternative incarceration program for

 

a period of not more than 120 days. If, during that period, the

 

person misses more than 5 days of program participation due to

 

medical excuse for illness or injury occurring after he or she was

 

placed in the program, the period of placement shall be increased

 

by the number of days missed, beginning with the sixth day of

 

medical excuse, up to a maximum of 20 days. A medical excuse shall

 

be verified by a physician's statement, a copy of which shall be

 

provided to the sentencing court. A person who is medically unable

 

to participate in the program for more than 25 days shall be

 

returned to the court for sentencing pursuant to subsection (5).

 

     (9) The order of probation under subsection (1) may require

 

that a person who successfully completes a special alternative

 

incarceration program also successfully complete an additional

 

period of not more than 120 days of residential treatment in the

 

local governmental jurisdiction from which the person was

 

committed, beginning immediately upon completion of the special

 

alternative incarceration program, if the local unit of government

 

has created a residential program providing vocational training,

 

education, and substance abuse treatment, designed in whole or in

 

part for persons who complete a program of special alternative

 

incarceration.

 

     (10) The order of probation under subsection (1) may authorize

 

the department of corrections to require a person who successfully

 


completes a special alternative incarceration program to also

 

successfully complete an additional period of not more than 120

 

days of residential treatment in a program operated by the

 

department of corrections pursuant to section 4(2) of the special

 

alternative incarceration act, 1988 PA 287, MCL 798.14. A

 

probationer sentenced pursuant to subsection (9) is not eligible

 

for residential treatment pursuant to this subsection.

 

     (11) An order of probation under subsection (1) that requires

 

an additional period of residential treatment upon completion of

 

the special alternative incarceration program shall be considered

 

to be entered pursuant to subsection (9).

 

     (12) A person who successfully completes a program of special

 

alternative incarceration shall be placed on probation under

 

intensive supervision for a period of not less than 120 days. The

 

period of probation under intensive supervision shall begin upon

 

the completion of the program of special alternative incarceration,

 

unless the person has been ordered to complete an additional

 

program of residential treatment as described in subsection (9) or

 

(10), in which case the period of probation under intensive

 

supervision shall begin upon completion of the program of

 

residential treatment.

 

     (13) Upon receiving a satisfactory report of performance in

 

the program from the department of corrections, the court shall

 

authorize the release of the person from confinement in the special

 

alternative incarceration unit. The receipt of an unsatisfactory

 

report shall be grounds for revocation of probation as would any

 

other violation of a condition or term of probation.

 


     (14) A term of special alternative incarceration shall be

 

served in the manner provided in the special alternative

 

incarceration act, 1988 PA 287, MCL 798.11 to 798.18.

 

     (15) Except as provided in subsection (16), a person shall not

 

be incarcerated in a special alternative incarceration unit more

 

than once.

 

     (15) (16) If a person was placed in a special alternative

 

incarceration program but was returned to the court for sentencing

 

because of a medical condition existing at the time of the

 

placement, the person may be placed again in a special alternative

 

incarceration program after the medical condition is corrected.

 

     (16) (17) A person who is convicted of any of the following

 

crimes shall is not be eligible for placement in the special

 

alternative incarceration program:

 

     (a) A crime described in section 145c, 520b, 520c, 520d, or

 

520g of the Michigan penal code, 1931 PA 328, MCL 750.145c,

 

750.520b, 750.520c, 750.520d, and 750.520g.

 

     (b) Section 72, 73, or 75 of the Michigan penal code, 1931 PA

 

328, MCL 750.72, 750.73, and 750.75.

 

     (c) An attempt to commit a crime described in subdivision (a)

 

or (b).