SB-0011, As Passed House, March 8, 2017

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 11

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 program act".

Sec. 2. As used in this act:

(a) "County jail" means a facility operated by a county for

the physical detention and correction of individuals charged with

or convicted of criminal offenses and ordinance violations,

individuals found guilty of civil or criminal contempt, and

juveniles detained by court order.

(b) "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

and state operations teams to implement the criminal justice data

collection and management program.

or "program" means the program created under section 3.

(d) "Offense type" means the category of a criminal offense as

categorized by the department of corrections.

(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) "Report" means aggregated data and statistics collected

under this act. A report does not include any data that contain

uniquely identifying information that is not already available to

the public or any information that could reasonably lead to the

disclosure of nonpublic information as determined by the state

operations team.

(i) "State correctional facility" means any facility that

houses prisoners under the jurisdiction of the department of

corrections.

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

an individual, employed by the legislative council as an at-will,

nontenured employee, employed by a third party under contract with

the legislative council, or under contract with 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 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.

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

individual, employed by the legislative council as an at-will,

nontenured employee, employed by a third party under contract with

the legislative council, or under contract with 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) Subject to appropriation, a criminal justice data

collection and management program is created within the legislative

council. The program must be implemented in not fewer than 1

county, selected by the legislative council in consultation with

the county's governing body, and must 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) Subject to appropriation, the legislative council shall

assign a state operations team to oversee the work activities of

the state project team and the county operations teams.

(3) Subject to appropriation, the state court administrative

office and the department of corrections must be provided any

necessary and available funding to implement technological changes

and additional data collection or new data collection practices to

the state court administrative office and the department of

corrections' data collection systems based upon the recommendation

of the state operations team.

(4) Subject to appropriation, the counties participating in

the criminal justice data collection and management program must be

provided any necessary and available funding to implement

technological changes to county data collection systems based upon

the recommendation of the state operations team.

(5) Subject to appropriation, the counties participating in

the criminal justice data collection and management program must be

provided any necessary and available funding to implement

additional data collection and new data collection practices based

upon the recommendation of the state operations team.

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

distribute the funds, based upon the recommendations of the state

operations team, that are appropriated for the state court

administrative office, the department of corrections, and the

counties participating in the criminal justice data collection and

management program under subsections (3), (4), and (5).

(7) The counties participating in the criminal justice data

collection and management program shall, through their county

operations teams, collect and provide data to the state operations

team that support the determination of all of the following:

(a) County jail capacity.

(b) Rearrest recidivism.

(d) Reincarceration recidivism.

(e) The application of sentencing guidelines.

(8) The state court administrative office and department of

corrections shall collect and provide data to the state operations

team that support the determination of all of the following:

(a) State correctional facility capacity.

(b) Rearrest recidivism.

(d) Reincarceration recidivism.

(e) The application of sentencing guidelines.

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

subsections (7) and (8) and provide that data to the department of

technology, management, and budget.

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

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

(8), and (9).

(11) Subject to appropriation, the department of technology,

management, and budget shall charge the legislative council for a

service provided by the department of technology, management, and

budget to the legislative council under this act. The rate charged

under this subsection must reflect the actual cost for the service

provided and the department of technology, management, and budget

shall provide the legislative council with an invoice detailing

actual costs of the service provided upon a request for payment.

Sec. 4. (1) Except as otherwise provided in this section, the

data collected under this act is confidential and is not subject to

disclosure under the freedom of information act, 1976 PA 442, MCL

15.231 to 15.246.

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

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

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

state operations team and shall provide the state operations team

access to the data collected under this act.

(3) The legislative council may request the state operations

team to generate a report from the data collected under this act. A

member of the legislature may request the legislative council to

make a request for a report under this subsection.

(4) A report created by the state operations team under

subsection (3) is subject to the freedom of information act, 1976

PA 442, MCL 15.231 to 15.246.

Enacting section 1. This act takes effect 90 days after the

date it is enacted into law.