April 26, 2006, Introduced by Senator SWITALSKI 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), 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).