SENATE BILL NO. 195

March 12, 2019, Introduced by Senators CHANG and LUCIDO and referred to the Committee on Judiciary and Public Safety.

"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.

(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.