May 16, 2018, Introduced by Senator GREGORY and referred to the Committee on Oversight.
A bill to amend 1953 PA 232, entitled
"Corrections code of 1953,"
by amending sections 11a, 40, and 65c (MCL 791.211a, 791.240, and
791.265c), section 11a as amended by 1998 PA 204, section 40 as
added by 2006 PA 487, and section 65c as amended by 1993 PA 34.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 11a. (1) The director of corrections may enter into
contracts on behalf of this state as the director considers
appropriate to implement the participation of this state in the
interstate
corrections compact pursuant to under
article III of the
interstate corrections compact. The contracts may authorize
confinement of prisoners in, or transfer of prisoners from,
correctional facilities under the jurisdiction of the department.
of
corrections. A contract shall must not
authorize the confinement
of a prisoner who is in the custody of the department in an
institution of a state other than a state that is a party to the
interstate corrections compact. When transferring prisoners to
institutions of other states under this section, the director shall
endeavor to ensure that the transfers do not disproportionately
affect groups of prisoners according to race, religion, color,
creed, or national origin.
(2) The director of corrections shall first determine, on the
basis of an inspection made by his or her direction, that an
institution of another state is a suitable place for confinement of
prisoners committed to his or her custody before entering into a
contract permitting that confinement, and shall, at least annually,
redetermine the suitability of that confinement. In determining the
suitability of an institution of another state, the director shall
determine that the institution maintains standards of care and
discipline not incompatible with those of this state and that all
inmates confined in that institution are treated equitably,
regardless of race, religion, color, creed, or national origin.
(3) In considering transfers of prisoners out-of-state
pursuant
to under the interstate corrections compact due to bed
space needs the department shall do all of the following:
(a) Consider first prisoners who volunteer to transfer as long
as they meet the eligibility criteria for such transfer.
(b) Provide law library materials including Michigan Compiled
Laws,
Michigan state and federal cases, and U.S. sixth circuit
court
United States Sixth Circuit
Court cases.
(c) Not transfer a prisoner who has a significant medical or
mental health need.
(d) Use objective criteria in determining which prisoners to
transfer.
(4) Unless a prisoner consents in writing, a prisoner
transferred under the interstate corrections compact due to bed
space
needs shall must not be confined in another state for more
than 1 year.
(5) A prisoner who is transferred to an institution of another
state
under this section shall must
receive all of the following
while in the receiving state:
(a) Mail services and access to the court.
(b) Visiting and telephone privileges.
(c) Occupational and vocational programs such as GED-ABE and
appropriate vocational programs for his or her level of custody.
(d) Programs such as substance abuse programs, sex offender
programs, and life skills development.
(e) Routine and emergency health care, dental care, and mental
health services.
(6)
One year after April 13, 1994 and annually after that
date,
the department shall report all of the following to the
senate
and house committees responsible for legislation concerning
corrections
and to the appropriations subcommittees on corrections:
(a)
The number of prisoners transferred to or from
correctional
facilities in this state pursuant to the interstate
corrections
compact.
(b)
The cost to the state of the transfers described in
subdivision
(a).
(c)
The reasons for the transfers described in subdivision
(a).
Sec. 40. (1) If a prisoner serving a sentence for conviction
of a violent felony is placed on parole, both of the following
special provisions apply:
(a) The supervising parole agent shall make a home call within
the first 45 days after the prisoner is placed on parole.
(b) The supervising parole agent shall do a LEIN check not
less than quarterly for that parolee and not later than 1 month
before a parolee is discharged from parole.
(2) If a prisoner who has a history of substance abuse is
placed on parole and is assigned to intensive, maximum, or medium
parole supervision, the department shall require as a condition of
parole that the parolee submit to substance abuse testing at least
twice each month.
(3)
Not later than April 1 of each year, the department shall
report
to the legislature on the number of parolees who are
returned
to state correctional facilities for a violation of parole
involving
the use of alcohol or a controlled substance during the
preceding
calendar year. The report shall specify the number of
parolees
who are returned to a state correctional facility after 1
such
violation, 2 such violations, 3 such violations, 4 such
violations,
and 5 or more such violations.
(3) (4)
The department shall report to the legislature
on a
quarterly basis both of the following:
(a) The number of parolees who are absconders.
(b) The number of parolees who have been absconders for more
than 3 months.
(4) (5)
As used in this section:
(a) "LEIN" means the law enforcement information network
regulated under the C.J.I.S. policy council act, 1974 PA 163, MCL
28.211 to 28.215.
(b) "Substance abuse" means the taking of alcohol or other
drugs at dosages that place an individual's social, economic,
psychological, and physical welfare in potential hazard or to the
extent that an individual loses the power of self-control as a
result of the use of alcohol or drugs, or while habitually under
the influence of alcohol or drugs, endangers public health, morals,
safety, or welfare, or a combination thereof.
(c) "Violent felony" means that term as defined in section 36.
Sec. 65c. (1) As used in this section, "work camp" means a
correctional facility that houses prisoners who are made available
for work as provided in subsection (3).
(2) The department may construct, maintain, and operate work
camps for the purpose of housing prisoners who are under its
jurisdiction.
(3) Prisoners assigned to work camps may be provided an
opportunity to do any of the following, as long as the department
has reasonable cause to believe the prisoner will honor the trust
placed in him or her by such an assignment:
(a) Perform meaningful work at paid employment in the
community.
(b) Provide labor on public works projects.
(c) Perform meaningful work on projects that serve the public
interest or a charitable purpose and are operated by organizations
that are exempt from taxation under section 501(c)(3) of the
internal
revenue code. Work performed by prisoners pursuant to
under
this subdivision shall must not
result in a competitive
disadvantage to a for profit enterprise.
(4) Prisoners made available for work under subsection (3)(c)
shall
must not be assigned to work on projects in a manner that
results in the displacement of employed persons in the community or
the replacement of workers on strike or locked out of work. If a
collective bargaining agreement is in effect at a place of
employment that is the site of a proposed work project under
subsection (3)(c), that bargaining unit must agree to the
assignment of prisoners at the place of employment before the
assignment is made.
(5) The warden at a correctional facility that makes prisoners
available for work under subsection (3)(c) shall appoint a 7-member
citizens advisory committee for the purpose of obtaining public
input on proposals for assigning prisoners to work on those
projects.
The committee shall must include broad representation
from the community in which the proposed work project is to be
located, including representatives of business, community service,
and religious organizations and the president of the local AFL-CIO
central labor council, or his or her designee. Before prisoners are
assigned
to a proposed work project, the proposed assignment shall
must be reviewed by the citizens advisory committee.
(6)
The department annually shall submit to the house and
senate
appropriations subcommittees on corrections a report on work
projects
in which prisoners are made available for work under
subsection
(3)(c), including, but not limited to, the number of
work
projects, the number of prisoners placed on each work project,
the
type of work performed, and any problems raised by an advisory
committee
with respect to the work project.
(6) (7)
The willful failure of a prisoner
to report to or
return from an assignment to paid employment in the community or on
a public work project within the time prescribed, or to remain
within
the prescribed limits of such an assignment, shall be is
considered an escape from lawful custody as provided in section
193(3)
of the Michigan penal code, Act No. 328 of the Public Acts
of
1931, as amended, being section 750.193 of the Michigan Compiled
Laws.1931 PA 328, MCL 750.193.
(7) (8)
Prisoners employed at paid
employment in the community
shall reimburse the department for food, clothing, and daily travel
expenses to and from work for days worked.
(8) (9)
The wages of prisoners employed at
paid employment in
the
community shall must be collected by the work camp responsible
for the prisoner's care.
(9) (10)
A work camp collecting wages of a
prisoner pursuant
to
under subsection (9) (8) shall disperse wages
collected in the
following priority order:
(a)
Reimbursement to the department pursuant to under
subsection
(8).(7).
(b) Support of the prisoner's dependents who are receiving
public assistance up to the maximum of the public assistance
benefit but not exceeding 50% of the prisoner's net earnings.
(c) For prisoners without dependents receiving public
assistance,
50% of the prisoner's net earnings shall must be
placed, at the prisoner's option, in either the prisoner's personal
noninstitutional savings account or in escrow by the department for
use by the prisoner upon release.
(d) The balance, if any, to the prisoner's institutional
account.
(10) (11)
An employer who employs a prisoner pursuant
to under
this
section for work to which Act No. 166 of the Public Acts of
1965,
as amended, being sections 1965
PA 166, MCL 408.551 to
408.558, of
the Michigan Compiled Laws, applies shall pay the
prisoner the prevailing wage as provided in that act.
(11) (12)
An employer who employs a prisoner pursuant
to under
this
section for work that is not under Act No. 166 of the Public
Acts
of 1965, as amended, 1965 PA
166, MCL 408.551 to 408.558,
shall pay the prisoner not less than the wage the employer pays to
other employees with similar skills and experience.
(12) (13)
The department shall promulgate
rules pursuant to
under
the Administrative administrative procedures act of 1969, Act
No.
306 of the Public Acts of 1969, as amended, being sections
24.201
to 24.328 of the Michigan Compiled Laws, 1969 PA 306, MCL
24.201 to 24.328, to establish criteria by which the department
shall determine eligibility for participation in the programs of
paid employment in the community established by this section.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.