SB-0938, As Passed Senate, June 9, 2016

SENATE BILL No. 938

May 3, 2016, Introduced by Senators COLBECK, HORN, JONES, GREGORY, SHIRKEY, PROOS, EMMONS, WARREN, ROCCA, BRANDENBURG, KNOLLENBERG, BOOHER, NOFS and MACGREGOR and referred to the Committee on Michigan Competitiveness.

A bill to create the criminal justice data collection and

management program act; to describe the criminal justice data

collection and management program; to provide for certain grants;

and to provide for the powers and duties of certain state and local

governmental officers and entities.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1. This act shall be known and may be cited as the

"criminal justice data collection and management act".

Sec. 2. As used in this act:

(a) "County operations team" means a group of individuals, or

an individual, selected by the governing body of a county

participating in the criminal justice data collection and

management program to work in coordination with the state project

Senate Bill No. 938 as amended June 9, 2016

and state operations teams to implement the criminal justice data

collection and management program.

(b) "Criminal justice data collection and management program"

means the program created under section 3.

categorized by the department of corrections.

(d) "Program" means educational and vocational training,

substance abuse treatment, parenting skills and anger management

classes, domestic violence counseling, health education, and sex

offender treatment provided to individuals as conditions of

probation, parole, or imprisonment.

(e) "Rearrest recidivism" means the rearrest of an offender

<<as measured first after 3 years and again after 5 years from the

date>> of his or her release from incarceration,

placement on probation, or conviction for a criminal offense,

whichever is later, for a new felony or misdemeanor offense, or for

a parole or probation violation.

(f) "Reconviction recidivism" means the reconviction of an

offender <<as measured first after 3 years and again after 5 years

from the date>> of his or her release from

incarceration, placement on probation, or conviction for a criminal

offense, whichever is later, for a new felony or misdemeanor

offense, or for a parole or probation violation.

(g) "Reincarceration recidivism" means the reincarceration in

jail or prison of an offender <<as measured first after 3 years and

again after 5 years from the date>> of his or her

release from incarceration, placement on probation, or conviction

for a criminal offense, whichever is later, for a new felony or

misdemeanor offense, or for a parole or probation violation.

(h) "State operations team" means a group of individuals, or

an individual, appointed by the legislative council to execute

state-level data collection processes and criminal justice data

collection processes and to manage the collection of data from

counties participating in the criminal justice data collection

program and from state agencies and departments, including, but not

limited to, the state court administrative office, the department

of technology, management, and budget, and the department of

corrections.

(i) "State project team" means a group of individuals, or an

individual, appointed by the legislative council to develop and

assist in the implementation of processes and technology

improvements that facilitate the collection of criminal justice

data from the counties participating in the criminal justice data

collection and management program and from state agencies and

departments, including, but not limited to, the state court

administrative office, the department of technology, management,

and budget, and the department of corrections.

Sec. 3. (1) A criminal justice data collection and management

program is created within the legislative council. The program

shall be implemented in not fewer than 1 county, selected by the

legislative council in consultation with the county's governing

body, that shall work in coordination with state agencies and

departments, including, but not limited to, the state court

administrative office, the department of technology, management,

and budget, and the department of corrections.

(2) Not more than 60 days after the effective date of this

act, the legislative council shall appoint a state operations team

that shall oversee the work activities of the state project team

and the county operations teams.

(3) The counties participating in the criminal justice data

collection and management program shall be provided, by

appropriation, any necessary grant funding to implement

technological changes to county data collection systems based upon

the recommendation of the state operations team.

(4) The counties participating in the criminal justice data

collection and management program shall be provided, by

appropriation, any necessary grant funding to implement additional

data collection and new data collection practices based upon the

recommendation of the state operations team.

(5) The legislative council shall distribute and manage grants

appropriated for counties participating in the criminal justice

data collection and management program under subsections (3) and

(4).

(6) The counties participating in the criminal justice data

collection and management program shall, through their county

operations teams, collect and provide the following data to the

state operations team on a daily basis:

(a) Offender data, including crimes committed by an offender,

facilities in which an offender was placed, and programs in which

an offender participated.

(b) Case data, including crimes of conviction, sentences

imposed, location where crimes occurred and court where the

criminal matter was disposed, and the sentencing judge.

rearrest recidivism rate for offenders after program completion,

reconviction recidivism rate for offenders after program

completion, reincarceration recidivism rate for offenders after

program completion, and offender dropout rate.

(d) Crime data, including data regarding sentences within or

outside of the sentencing guideline ranges, number of felony

convictions, and number of misdemeanor convictions.

(7) The state court administrative office and department of

corrections shall collect and provide the following data to the

state operations teams on a daily basis:

(a) Rearrest recidivism by offense type.

(b) Reconviction recidivism by offense type.

(d) Rearrest recidivism by risk assessment level as determined

by the parole board prior to the grant of parole.

(e) Reconviction recidivism by risk assessment level as

determined by the parole board prior to the grant of parole.

(f) Reincarceration recidivism by risk assessment level as

determined by the parole board prior to the grant of parole.

(8) The state operations team shall collect the data under

subsections (6) and (7) and provide that data to the department of

technology, management, and budget on a daily basis.

(9) The department of technology, management, and budget shall

house and maintain the data collected under subsections (6), (7),

and (8).

(10) The department of technology, management, and budget

shall only allow access to the data collected under this act by