November 30, 2017, Introduced by Rep. Howrylak and referred to the Committee on Law and Justice.
A bill to amend 1953 PA 232, entitled
"Corrections code of 1953,"
by amending section 20i (MCL 791.220i), as amended by 2015 PA 49.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 20i. (1) If the correctional facility described in
section 20g is not utilized by the department for housing inmates
or detainees under the terms of section 20g, the private contractor
that operates that correctional facility may utilize the facility
for housing, custody, and care of detainees or inmates from any of
the following agencies, either by directly contracting with those
local, state, or federal agencies or by having 1 or more local,
state, or federal agencies enter into an interlocal agreement with
the township or county in which the facility is located, or the
county sheriff for the county in which the facility is located, who
in turn may contract with the private contractor for services to be
provided under the terms of the interlocal agreement, subject to
the requirements of this section:
(a) Other local, state, or federal agencies.
(b) The department if the detainees or inmates are older than
19 years of age and under the jurisdiction of the department.
(2) If all contractual factors regarding potential inmates or
detainees are equal, the private contractor shall give preference
to the admission of inmates or detainees sent from agencies within
this state, including the department.
(3) Any contract under this section for the housing, custody,
and care of detainees or inmates from other local, state, or
federal
agencies shall must require all of the following:
(a) The private contractor that operates the facility shall do
all of the following:
(i) Obtain accreditation of the facility by the American
Correctional Association within 24 months after the private
contractor commences operations at the facility and maintain that
accreditation throughout the term of any contract for the use of
the facility.
(ii) Operate the facility in compliance with the applicable
standards of the American Correctional Association.
(b) The personnel employed by the private contractor in the
operation of the facility shall meet the employment and training
requirements set forth in the applicable standards of the American
Correctional Association, and also shall meet any higher training
and employment standards that may be mandated under a contract
between the private contractor and a local, state, or federal
agency that sends inmates or detainees to the facility.
(c)
Any serious incident that occurs at the facility shall
must be reported immediately to the sheriff of the county and the
state police.
(4) An inmate or detainee housed at the facility shall not
participate in work release, a work camp, or another similar
program or activity occurring outside the secure perimeter of the
facility without the authorization of the initiating jurisdiction.
(5) The facility shall allow the presence of on-site monitors
from any local, state, or federal agency that sends inmates or
detainees to the facility, for the purpose of monitoring the
conditions of confinement of those inmates or detainees. Whenever
the private contractor submits a written report to a local, state,
or federal agency that sends inmates or detainees to the facility,
the private contractor shall send copies of the written report to
the township supervisor, the board of county commissioners, the
county sheriff, and the department.
(6) Personnel employed at the facility by the private
contractor who have met the employment and training requirements
set forth in the applicable standards of the American Correctional
Association have full authority to perform their duties and
responsibilities under law, including, but not limited to,
exercising the use of force in the same manner and to the same
extent as would be authorized if those personnel were employed in a
correctional facility operated by the department.
(7) A contract with a local, state, or federal agency that
sends
inmates or detainees to the facility shall must not
require,
authorize, or imply a delegation of the authority or responsibility
to the private contractor to do any of the following:
(a) Develop or implement procedures for calculating inmate
release and parole eligibility dates or recommending the granting
or denying of parole, although the private contractor may submit
written reports that have been prepared in the ordinary course of
business.
(b) Develop or implement procedures for calculating and
awarding earned credits, including good time credits, disciplinary
credits, or similar credits affecting the length of an inmate's
incarceration, approving the type of work inmates may perform and
the wage or earned credits, if any, that may be awarded to inmates
engaging in that work, and granting, denying, or revoking earned
credits.
(8)
Inmates and detainees shall must
be transferred to and
from the facility in a secure manner. Any inmate or detainee housed
at the facility who was sent from another state, a local agency
outside
this state, or the federal government shall must be
returned to the agency that sent the inmate or detainee upon
completion of the inmate's or detainee's term of incarceration in
the
facility and shall must not be released from custody within
this state.
(9) The department of corrections is not responsible for
oversight of the facility. This state, or any department or agency
of this state, is not civilly liable for damages arising out of the
operation of the facility.
(10) Beginning July 1, 2018, an inmate or detainee must not be
housed at the facility unless the security classification of the
inmate or detainee, as it would be determined by the department if
he or she were being housed in a state correctional facility, is
level II or below, and has never previously been above a level II.
(11) (10)
As used in this section:
(a) "Facility" means the former Michigan youth correctional
facility described in subsection (1).
(b) "Security classification" means 1 of 6 levels of
restrictiveness enforced in housing units at each state
correctional facility, as determined by the department, with
security level I being the least restrictive and security level VI
being the most restrictive.
(c) (b)
"Serious incident" means
a disturbance at the facility
involving 5 or more inmates or detainees, a death of an inmate or
detainee, a felony or attempted felony committed within the
facility, or an escape or attempted escape from the facility.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.