April 19, 2017, Introduced by Rep. Lucido and referred to the Committee on Judiciary.
A bill to amend 1953 PA 232, entitled
"Corrections code of 1953,"
by amending section 16 (MCL 791.216), as added by 1980 PA 303.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 16. (1) The department shall develop a comprehensive plan
for determining the need for establishing various types of
correctional facilities, for selecting the location of a
correctional facility, and for determining the size of the
correctional facility. The comprehensive plan shall not be
implemented until the legislature, by concurrent resolution adopted
by a majority of those elected and serving in each house by a
record roll call vote, approves the comprehensive plan.
(2) The department shall determine the need for a correctional
facility based upon the comprehensive plan developed pursuant to
subsection (1).
(3) The department shall publish a notice that it proposes to
establish a correctional facility in a particular city, village, or
township. The notice shall appear in a newspaper of general
circulation in the area. In addition, the department shall notify
the following officials:
(a) The state senator and the state representative
representing the district in which the correctional facility is to
be located.
(b) The president of each state supported college or
university whose campus is located within 1 mile of the proposed
correctional facility.
(c) The chief elected official of the city, village, or
township in which the correctional facility is to be located.
(d) Each member of the governing body of the city, village, or
township in which the correctional facility is to be located.
(e) Each member of the county board of commissioners of the
county in which the correctional facility is to be located.
(f) The president of the local school board of the local
school district in which the correctional facility is to be
located.
(g) The president of the intermediate school board of the
intermediate school district in which the correctional facility is
to be located.
(4) With the notice, the department shall request the
chairperson of the county board of commissioners of the county in
which
the correctional facility is to be located and the person
official notified pursuant to subsection (3)(c) to create a local
advisory board to assist in the identification of potential sites
for the correctional facility, to act as a liaison between the
department and the local community, and to ensure that the
comprehensive plan is being followed by the department. The
officials requested to create a local advisory board pursuant to
this subsection shall serve as co-chairpersons of that local
advisory board.
(5) After the requirements of subsections (1), (2), (3), and
(4) are completed and the department has selected a potential site,
the department shall hold a public hearing in the city, village, or
township in which the potential site is located. The department
shall participate in the hearing and shall make a reasonable effort
to respond in writing to concerns and questions raised on the
record at the hearing. The hearing shall not be held until the
local advisory board created by subsection (4) has organized, or
sooner than 30 days after the notice is sent pursuant to subsection
(3), whichever occurs first.
(6)
Hearings conducted by the department shall conduct under
subsection (5) shall be open to the public and shall be held in a
place available to the general public. Any person shall be
permitted to attend a hearing except as otherwise provided in this
section. A person shall not be required as a condition to
attendance at a hearing to register or otherwise provide his or her
name or other information or otherwise to fulfill a condition
precedent to attendance. A person shall be permitted to address the
hearing under written procedures established by the department. A
person shall not be excluded from a hearing except for a breach of
the peace actually committed at the meeting.
(7)
The following provisions shall apply with respect to
public
notice of hearings required under this section:department
shall provide public notice of the date, time, and place of the
hearing as follows:
(a)
A The public notice shall always contain the name
of the
department, its telephone number, and its address.
(b)
A The public notice shall always be posted at the
department's principal office and other locations considered
appropriate by the department.
(c)
The required At least 10
days before the hearing, the
public
notice for a hearing shall be posted in the office of the
county clerk of the county in which the facility is to be located
and shall be published in a newspaper of general circulation in the
county
in which the facility is to be located.
(d)
A public notice stating the date, time, and place of the
hearing
shall be posted at least 10 days before the hearing.
(8) Minutes of each hearing required under this section shall
be kept showing the date, time, place, members of the local
advisory board present, members of the local advisory board absent,
and
a summary of the discussions at the hearing. The minutes shall
be
are public records open to public inspection and shall
be
available at the department's address designated on posted public
notices pursuant to subsection (7). Copies of the minutes shall be
available from the department to the public at the reasonable
estimated cost for printing and copying.
(9) On the basis of the information developed by the
department during the course of the site selection process, and
after community concerns have been responded to by the department
pursuant to subsection (5), the commission shall make a final site
determination for the correctional facility. The commission shall
make a finding that the site determination was made in compliance
with this section. This finding and notice of final site selection
shall be transmitted in writing by the commission to the local
advisory board, the officials described in subsection (3), and the
chairpersons of the senate and house appropriations committees.
(10) An option to lease, purchase, or use property may be
obtained but shall not be exercised by the state for a correctional
facility until the commission has made a final site determination
and has transmitted a notice of final site selection as required in
subsection (9).
(11) The department shall, by first-class mail or electronic
mail, immediately notify the clerk of a city, village, township, or
county if either of the following occurs:
(a) A correctional facility begins operation in that local
unit.
(b) The department enters a contract with a private vendor for
the placement of parolees in a community placement facility in that
local unit.
(12) Notwithstanding section 4, a correctional facility with
more than 6 residents shall not be located in a single-family
residential district in violation of a local zoning ordinance.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.