SB-0006, As Passed Senate, March 9, 2017

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE SUBSTITUTE FOR

 

SENATE BILL NO. 6

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1988 PA 511, entitled

 

"Community corrections act,"

 

by amending sections 2 and 4 (MCL 791.402 and 791.404), as amended

 

by 2014 PA 466.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2. As used in this act:

 

     (a) "City advisory board" means a community corrections

 

advisory board created by a city under sections 6 and 7.

 

     (b) "City-county advisory board" means a community corrections

 

advisory board created by a county and the largest city by

 

population within that county under sections 6 and 7.

 

     (c) "Community corrections program" means a program that is

 

operated by or contracted for by a city, county, or group of

 

counties, or is operated by a nonprofit service agency, and that


offers programs, services, or both, instead of incarceration in

 

prison, and which that are locally operated and span provide a

 

continuum of programming options from pretrial through post-

 

adjudication.

 

     (d) "County advisory board" means a community corrections

 

advisory board created by a county under sections 6 and 7.

 

     (e) "Department" means the department of corrections.

 

     (f) "Evidence-based practices" means a progressive,

 

organizational use of direct, current scientific evidence to guide

 

and inform efficient and effective correctional services.

 

     (g) "Key performance indicator" means a measure that captures

 

the performance of a critical variable to expand and improve

 

community-based corrections programs to promote offender success,

 

ensure accountability, enhance public safety, and reduce

 

recidivism.

 

     (h) "Moderate to high risk" means that the individual assessed

 

has scored in the moderate to high range of risk using an

 

actuarial, objective, validated risk and need assessment

 

instrument.

 

     (i) "Nonprofit service agency" means a nonprofit organization

 

that provides treatment, guidance, training, or other

 

rehabilitative services to individuals, families, or groups in such

 

areas as health, education, vocational training, special education,

 

social services, psychological counseling, alcohol and drug

 

treatment, community service work, victim restitution, and

 

employment.

 

     (j) "Office" means the office of community corrections created


in section 3.

 

     (k) "Plan" means a comprehensive corrections plan submitted by

 

a county, city, or regional advisory board under section 8.

 

     (l) "Recidivism" means any rearrest, reconviction, or

 

reincarceration in prison or jail for a felony or misdemeanor

 

offense or a probation or parole violation of an individual 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, whichever is later.

 

     (m) (l) "Regional advisory board" means a community

 

corrections advisory board created by a group of 2 or more counties

 

under sections 6 and 7.

 

     (n) (m) "State board" means the state community corrections

 

advisory board created in section 3.

 

     (o) "Technical parole violation" means a violation of the

 

terms of a parolee's parole order that is not a violation of a law

 

of this state, a political subdivision of this state, another

 

state, or the United States or of tribal law.

 

     (p) "Technical probation violation" means a violation of the

 

terms of a probationer's probation order that is not a violation of

 

a law of this state, a political subdivision of this state, another

 

state, or the United States or of tribal law.

 

     Sec. 4. (1) The state board shall do all of the following:

 

     (a) Adopt a variety of key performance indicators that promote

 

offender success, ensure the effective monitoring of offenders, and

 

evaluate community corrections programs. Performance indicators

 

must be relevant to this act and must be reviewed on an annual


basis. At least Not less than 1 of the key performance measures

 

must be the recidivism rate of offenders supervised under this act.

 

There may be multiple recidivism measures to account for

 

accessibility to state and national databases, local ability to

 

collect data, and the resources needed to collect this data.

 

Nothing in this subdivision requires a community corrections

 

program operated under this act to collect, measure, maintain, or

 

track data for offenders who are not supervised by the community

 

corrections program.

 

     (b) Adopt minimum program standards, policies, and rules for

 

community corrections programs. The program standards must include

 

evidence-based practices. Program eligibility must include moderate

 

to high risk offenders regardless of crime class or adjudication

 

status.

 

     (c) Adopt an application process and procedures for funding

 

community corrections programs, including the format for

 

comprehensive corrections plans.

 

     (d) Review, at least once every 3 years, the actuarial,

 

objective, validated risk and need assessment instruments to ensure

 

that they continue to meet the needs and requirements of community

 

corrections.

 

     (e) Recommend funding for community corrections to the

 

director of the department based on program performance,

 

utilization, targeting of appropriate offenders, and adherence to

 

evidence-based practices.

 

     (f) Research, review, and make recommendations regarding the

 

use of performance-based contracts within community corrections.


     (2) Any data collected and maintained under this act regarding

 

recidivism rates must be collected and maintained in a manner that

 

separates the data regarding technical probation violations and

 

technical parole violations from data on new felony and misdemeanor

 

convictions.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.