HOUSE BILL No. 4786

 

May 12, 2005, Introduced by Reps. David Law, Schuitmaker and Nofs and referred to the Committee on Judiciary.

 

     A bill to amend 2003 PA 125, entitled

 

"Local corrections officers training act,"

 

by amending section 15 (MCL 791.545).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 15. (1) The local corrections officers training fund is

 

created in the state treasury. The fund shall be administered by

 

the council, which shall expend the fund only as provided in this

 

section.

 

     (2) There shall be credited to the local corrections officer

 

training fund all revenue received from fees and civil fines

 

collected under section 4b of 1846 RS 171, MCL 801.4b, and funds

 

from any other source provided by law.

 

     (3) The council shall use the fund only to defray  the  costs


 

relating to the mandatory requirements of continuing education,

 

certification, recertification, decertification, and training of

 

local corrections officers as approved by the council under section

 

8; the personnel and administrative costs of the office, board, and

 

council; and other expenditures related to the mandatory

 

requirements of this act. Only counties that forward to the fund

 

100% of fees collected under section 4b of 1846 RS 171, MCL 801.4b,

 

are eligible to receive grants from the fund. A county that

 

receives funds from the council under this section shall use those

 

funds only for costs relating to the mandatory requirements of

 

continuing education, certification, recertification, and training

 

of local corrections officers in that county as approved by the

 

council under section 8 and shall not use those funds to supplant

 

current spending by the county for those purposes, including state

 

grants and training funds.

 

     (4) The council, upon written request, shall reimburse the

 

full amount of any fee paid by a person under section 4b of 1846 RS

 

171, MCL 801.4b, if the person was incarcerated pending trial and

 

was found not guilty or the prosecution against the person was

 

terminated for any reason. The council shall create and make

 

available to all local correctional facilities in this state a

 

written form explaining the provisions of this subsection. The form

 

shall include the address to which the reimbursement request should

 

be sent.

 

     (5) Unexpended funds remaining in the fund at the end of the

 

fiscal year shall remain in the fund and shall not revert to the

 

general fund.


 

     Enacting section 1.  This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 4785(request no.

 

01471'05 *) of the 93rd Legislature is enacted into law.