June 12, 2018, Introduced by Rep. Brann and referred to the Committee on Law and Justice.
A bill to amend 1953 PA 232, entitled
"Corrections code of 1953,"
by amending sections 25a, 36a, and 85 (MCL 791.225a, 791.236a, and
791.285), sections 25a and 36a as amended by 2002 PA 502 and
section 85 as added by 2006 PA 172.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 25a. (1) The department shall collect supervision fees
2 ordered under section 13(2) of chapter II or section 1 or 3c of
3 chapter XI of the code of criminal procedure, 1927 PA 175, MCL
4 762.13, 771.1, and 771.3c. The department shall maintain records of
5 supervision fees ordered by the court, including records of payment
6 by persons subject to supervision fees and any amounts of
7 supervision fees past due and owing.
8 (2) A supervision fee is payable when the order of delayed
1 sentence or order of probation is entered, unless the court allows
2 a person who is subject to a supervision fee to pay the fee in
3 monthly installments.
4 (3) The department shall waive any applicable supervision fee
5 for a person who is transferred to another state under the
6 interstate compact entered into pursuant to 1935 PA 89, MCL 798.101
7 to 798.103, or the interstate compact entered into pursuant to 2002
8 PA 40, MCL 3.1011 to 3.1012, for the months during which he or she
9 is in another state. The Except as provided in subsection (4) and
10 subject to subsection (8), the department shall collect a
11 supervision fee of not more than $135.00 $30.00 per
month for each
12 month of supervision in this state for an offender transferred to
13 this state under an interstate compact who is being supervised
14 without an electronic monitoring device. If the offender is being
15 supervised under this subsection with an electronic monitoring
16 device, the department shall collect a supervision fee of $60.00.
17 In determining the amount of the fee, the department shall consider
18 the offender's projected income and financial resources. The
19 department shall use the following table of projected monthly
20 income in determining the amount of the fee:
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1 The department may collect a higher amount than indicated by
2 the table, up to the maximum of $135.00 for each month of
3 supervision in this state, if the department determines that the
4 offender has sufficient assets or other financial resources to
5 warrant the higher amount. If the department collects a higher
6 amount, the amount and the reasons for collecting that amount shall
7 be stated in the department records.
8 (4) The department shall waive any applicable supervision fee
9 for a person who is transferred to another state under the
10 interstate compact entered into pursuant to 1935 PA 89, MCL 798.101
11 to 798.103, or the interstate compact entered into pursuant to 2002
12 PA 40, MCL 3.1011 to 3.1012, if the department determines that the
13 offender is indigent.
14 (5) (4) If a
person who is subject to a supervision fee is
15 also subject to any combination of fines, costs, restitution
16 orders, assessments, or payments arising out of the same criminal
17 proceeding, the allocation of money collected for those obligations
18 shall must be as otherwise provided in the code of criminal
19 procedure, 1927 PA 175, MCL 760.1 to 777.69.
20 (6) (5) Twenty
percent of the money collected by the
21 department under this section shall must be
allocated for
22 administrative costs incurred by the department in collecting
23 supervision fees and for enhanced services, as described in this
24 subsection. Enhanced services include, but are not limited to, the
25 purchase of services for offenders such as counseling, employment
26 training, employment placement, or education; public transportation
27 expenses related to training, counseling, or employment;
1 enhancement of staff performance through specialized training and
2 equipment purchase; and purchase of items for offender employment.
3 The department shall develop priorities for expending the money for
4 enhanced services in consultation with circuit judges in this
5 state. At the end of each fiscal year, the unexpended balance of
6 the money allocated for administrative costs and enhanced services
7 shall must be available for carryforward to be used for the
8 purposes described in this subsection in subsequent fiscal years.
9 (7) (6) If a
person has not paid the full amount of a
10 supervision fee upon being discharged from probation, or upon
11 termination of the period of delayed sentence for a person subject
12 to delayed sentence, the department shall review and compare the
13 actual income of the person during the period of probation or
14 delayed sentence with the income amount projected when the
15 supervision fee was ordered. If the department determines that the
16 person's actual income did not equal or exceed the projected
17 income, the department shall waive any unpaid amount in excess of
18 the total amount that the person would have been ordered to pay if
19 the person's income had been accurately projected, unless the court
20 order states that a higher amount was ordered due to available
21 assets or other financial resources. Any unpaid amounts not waived
22 by the department shall be reported report the unpaid balance to
23 the department of treasury. The department of treasury shall
24 attempt to collect the unpaid balances pursuant to section 30a of
25 1941 PA 122, MCL 205.30a. Money collected under this subsection
26 shall must not be allocated for the purposes described in
27 subsection (5).(6).
1 (8) Beginning October 1, 2019 and each October 1 thereafter,
2 the state court administrative office shall determine the fee
3 amount for the fees required to be collected under subsection (3)
4 to ensure that the total funds collected by the department under
5 this section are not less than those collected under this section
6 in the fiscal year that immediately preceded the year that the
7 amendatory act that added this subsection becomes effective.
8 (9) The department shall not collect any fees for offenders
9 supervised under this section for electronic monitoring other than
10 the fees required to be collected under subsection (3).
11 (10) As used in this section, "electronic monitoring device"
12 includes any electronic device or instrument that is used to track
13 the location of an individual, enforce a curfew, or detect the
14 presence of alcohol.
15 Sec. 36a. (1) The Except
as provided in subsection (6) and
16 subject to subsection (8), the parole board shall include in each
17 order of parole that the department of corrections shall collect
a
18 parole supervision fee of not more than $135.00 $30.00 multiplied
19 by the number of months of parole ordered, but not more than 60
20 months if the individual is placed on parole supervision without an
21 electronic monitoring device. If the individual is placed on parole
22 supervision under this subsection with an electronic monitoring
23 device, the parole board shall include in each order of parole that
24 the department shall collect a parole supervision fee of $60.00
25 multiplied by the number of months of parole ordered, but not more
26 than 60 months. The fee is payable when the parole order is
27 entered, but the fee may be paid in monthly installments if the
1 parole board approves installment payments for that parolee. In
2 determining the amount of the fee, the parole board shall consider
3 the parolee's projected income and financial resources. The parole
4 board shall use the following table of projected monthly income in
5 determining the amount of the fee to be ordered:
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13 The parole board may order a higher amount than indicated by
14 the table, up to the maximum of $135.00 multiplied by the number of
15 months of parole ordered but not more than 60 months, if the parole
16 board determines that the parolee has sufficient assets or other
17 financial resources to warrant the higher amount. If the parole
18 board orders a higher amount, the amount and the reasons for
19 ordering that amount shall be stated in the parole order.
20 (2) If a person who is subject to a supervision fee is also
21 subject to any combination of fines, costs, restitution,
22 assessments, or payments arising out of the same criminal
23 proceeding, the allocation of money collected for those obligations
24 shall must be as provided in section 22 of chapter XV of the
code
25 of criminal procedure, 1927 PA 175, MCL 775.22.
26 (3) A person shall must not be subject to more
than 1 parole
27 supervision fee at the same time. If a parole supervision fee is
1 ordered for a parolee for any month or months during which that
2 parolee already is subject to a parole supervision fee, the
3 department shall waive the fee having the shorter remaining
4 duration.
5 (4) The department shall waive the parole supervision fee for
6 a parolee who is transferred to another state under the interstate
7 compact entered into pursuant to 1935 PA 89, MCL 798.101 to
8 798.103, or the interstate compact entered into pursuant to 2002 PA
9 40, MCL 3.1011 to 3.1012, for the months during which he or she is
10 in another state. The department shall collect a parole supervision
11 fee of not more than $135.00 $30.00 per month for each
month of
12 parole supervision in this state for an offender transferred to
13 this state under an interstate compact if the offender is placed on
14 parole supervision without an electronic monitoring device. If the
15 offender is placed on parole supervision under this subsection with
16 an electronic monitoring device, the department of corrections
17 shall collect a parole supervision fee of $60.00 per month for each
18 month of parole supervision in this state. In determining the
19 amount of the fee, the department shall consider the parolee's
20 projected income and financial resources. The department shall use
21 the following table of projected monthly income in determining the
22 amount of the fee:
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3 The department may collect a higher amount than indicated by
4 the table, up to the maximum of $135.00 for each month of parole
5 supervision in this state, if the department determines that the
6 parolee has sufficient assets or other financial resources to
7 warrant the higher amount. If the department collects a higher
8 amount, the amount and the reasons for collecting that amount shall
9 be stated in the department records.
10 (5) Twenty percent of the money collected by the department
11 under this section shall must be allocated for
administrative costs
12 incurred by the department in collecting parole supervision fees
13 and for enhanced services, as described in this subsection.
14 Enhanced services include, but are not limited to, the purchase of
15 services for parolees such as counseling, employment training,
16 employment placement, or education; public transportation expenses
17 related to training, counseling, or employment; enhancement of
18 staff performance through specialized training and equipment
19 purchase; and purchase of items for parolee employment. At the end
20 of each fiscal year, the unexpended balance of the money allocated
21 for administrative costs and enhanced services shall must be
22 available for carryforward to be used for the purposes described in
23 this subsection in subsequent fiscal years.
24 (6) The department shall waive the supervision fee under
25 subsections (1) and (4) if the department determines that an
26 offender is indigent.
27 (7) The department shall not collect any fees for offenders
1 supervised under this section for electronic monitoring in excess
2 of the fees required to be collected under subsections (1) and (4).
3 (8) Beginning October 1, 2019 and each October 1 thereafter,
4 the department shall determine the fee amount for the fees required
5 to be collected under subsections (1) and (4) to ensure that the
6 total funds collected by the department under this section are not
7 less than those collected under this section in the fiscal year
8 that immediately preceded the year that the amendatory act that
9 added this subsection becomes effective.
10 (9) (6) If a
parolee has not paid the full amount of the
11 parole supervision fee upon being discharged from parole, the
12 department shall review and compare the actual income of the person
13 during the period of parole with the income amount projected when
14 the parole supervision fee was ordered. If the department
15 determines that the parolee's actual income did not equal or exceed
16 the projected income, the department shall waive any unpaid amount
17 in excess of the total amount that the parolee would have been
18 ordered to pay if the parolee's income had been accurately
19 projected, unless the parole order states that a higher amount was
20 ordered due to available assets or other financial resources. Any
21 unpaid amounts not waived by the department shall be reported
22 report the unpaid amount to the department of treasury. The
23 department of treasury shall attempt to collect the unpaid balances
24 pursuant to section 30a of 1941 PA 122, MCL 205.30a. Money
25 collected under this subsection shall must not
be allocated for the
26 purposes described in subsection (5).
27 (10) As used in this section, "electronic monitoring device"
1 includes any electronic device or instrument that is used to track
2 the location of an individual, enforce a curfew, or detect the
3 presence of alcohol.
4 Sec. 85. (1) The lifetime electronic monitoring program is
5 established in the department. The lifetime electronic monitoring
6 program shall must
implement a system of monitoring
individuals
7 released from parole, prison, or both parole and prison who are
8 sentenced by the court to lifetime electronic monitoring. The
9 lifetime electronic monitoring program shall must accomplish
all of
10 the following:
11 (a) By electronic means, track the movement and location of
12 each individual from the time the individual is released on parole
13 or from prison until the time of the individual's death.
14 (b) Develop methods by which the individual's movement and
15 location may be determined, both in real time and recorded time,
16 and recorded information retrieved upon request by the court or a
17 law enforcement agency.
18 (2) An Subject
to subsection (3), an individual who is
19 sentenced to lifetime electronic monitoring shall wear or otherwise
20 carry an electronic monitoring device as determined by the
21 department under the lifetime electronic monitoring program in the
22 manner prescribed by that program and shall reimburse the
23 department or its agent for the actual cost of electronically
24 monitoring the individual.as
provided under section 36a while the
25 individual is still on parole, and at the rate of $30.00 per month
26 after the individual is discharged from parole but is still subject
27 to electronic monitoring.
1 (3) Beginning October 1, 2019 and each October 1 thereafter,
2 the department shall determine the fee amount for the fees that
3 must be collected under subsection (2) to ensure that the total
4 funds collected by the department under this section are not less
5 than those collected under this section in the fiscal year that
6 immediately preceded the year that the amendatory act that added
7 this subsection becomes effective.
8 (4) (3) As
used in this section, "electronic monitoring" means
9 a device by which, through global positioning system satellite or
10 other means, an individual's movement and location are tracked and
11 recorded.
12 Enacting section 1. This amendatory act takes effect 90 days
13 after the date it is enacted into law.
14 Enacting section 2. This amendatory act does not take effect
15 unless Senate Bill No.____ or House Bill No. 6148 (request no.
16 05661'18) of the 99th Legislature is enacted into law.