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HB-5800, As Passed House, June 15, 2006

SUBSTITUTE FOR

HOUSE BILL NO. 5800

A bill to amend 1953 PA 232, entitled

"Corrections code of 1953,"

(MCL 791.201 to 791.283) by adding section 20i.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 20i. (1) If the Michigan youth correctional facility

established pursuant to 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, the

private vendor that operates the Michigan youth correctional

facility may utilize the facility for housing, custody, and care of

detainees or inmates from other local, state, or federal 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 township, Lake

county, or the county sheriff for Lake county, who in turn may

contract with the private vendor for services to be provided under

the terms of the interlocal agreement, subject to the requirements

of this section. If all contractual factors regarding potential

inmates or detainees are equal, the private vendor shall give

preference to the admission of inmates or detainees sent from

agencies within this state.

(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 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

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 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 and a local, state, or federal agency

that sends inmates or detainees to the facility.

reported immediately to the sheriff of Lake county and the state

police.

(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.

(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 submits a written report to a local, state, or

federal agency that sends inmates or detainees to the facility, the

private vendor shall send copies of the written report to the

township supervisor for Webber township, the board of county

commissioners for Lake county, the sheriff of Lake county, and the

department.

(5) Personnel employed at the facility by the private vendor

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.

(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 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 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.

(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.

(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.

(9) 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.

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.