HOUSE BILL No. 6167


     November 28, 2000, Introduced by Rep. Ruth Johnson and referred to the Committee on Criminal Law and Corrections.


        A bill to create drunk driver detention centers; and to pro-

   vide for the powers and duties of certain state officers and

   agencies.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 1.  This act shall be known and may be cited as the

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      "drunk driver detention center act".

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           Sec. 2.  As used in this act:

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           (a) "Convicted drunk driver" means a person convicted of a

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      violation of section 625(1) of the Michigan vehicle code, 1949 PA

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      300, MCL 257.625, punishable under section 625(8)(c) of that

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      act.

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           (b) "Department" means the department of corrections.

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           (c) "Detention center" means a drunk driver detention

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      center.



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           Sec. 3.  The department shall establish and operate, or

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      shall contract with a private vendor for the establishment and

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      operation of, 1 or more drunk driver detention centers for the

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      purpose of housing and training convicted drunk drivers committed

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      to a detention center as a condition of probation pursuant to

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      section 3d of chapter XI of the code of criminal procedure, 1927

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      PA 175, MCL 771.3d.  A convicted drunk driver who is placed in a

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      detention center by a court shall be transported by the county

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      sheriff directly to a unit and shall not be processed through the

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      department's reception center for prisoners.  A convicted drunk

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      driver may be transferred from 1 detention center to another

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      detention center at the discretion of the department or the pri-

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      vate vendor operating the detention centers, during the

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      probationer's incarceration in a detention center.

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           Sec. 4.  (1) Each detention center shall provide both of the

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      following:

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           (a) A program of physically strenuous work and exercise,

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      patterned after military basic training, and other compatible

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      programming as determined by the department.

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           (b) Treatment and rehabilitative services appropriate for

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      convicted drunk drivers, including treatment and rehabilitative

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      services for alcoholism.

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           (2) The term of any convicted drunk driver's incarceration

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      in a detention center shall be at least 90 days but not more than

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      1 year.

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           Sec. 5.  At any time during a convicted drunk driver's

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      incarceration in a detention center, but not less than 5 days



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      before the convicted drunk driver's expected date of release, the

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      department or the private vendor shall certify to the sentencing

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      court as to whether the convicted drunk driver has satisfactorily

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      completed the course of training at the detention center.

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           Sec. 6.  A convicted drunk driver who fails to work dili-

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      gently and productively at the program of the detention center,

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      or who fails to obey the rules of behavior established for the

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      detention center, may be reported to the sentencing court for

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      possible revocation of probation and may be housed in a county

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      jail while awaiting a probation revocation determination.

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           Enacting section 1.  This act does not take effect unless

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      all of the following bills of the 90th Legislature are enacted

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      into law:

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           (a) Senate Bill No. _____ or House Bill No. 6168 (request

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      no. 06702'00 a).

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           (b) Senate Bill No. _____ or House Bill No. 6169 (request

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      no. 06702'00 b).























   06702'00          Final page.                            DRM