SB-0011, As Passed Senate, February 2, 2017

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) "State correctional facility" means any facility that

houses prisoners under the jurisdiction of the department of

corrections.

(i) "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 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.

(j) "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 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) 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 state court administrative office and the department

of corrections must be provided, by appropriation, any necessary

grant 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) The counties participating in the criminal justice data

collection and management program must 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.

(5) The counties participating in the criminal justice data

collection and management program must 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.

(6) The legislative council shall distribute and manage grants

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) 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 legislative council.

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

date it is enacted into law.