May 3, 2016, Introduced by Senators PROOS, HORN, JONES, GREGORY, SHIRKEY, COLBECK, WARREN, BRANDENBURG, KNOLLENBERG, GREEN and NOFS and referred to the Committee on Michigan Competitiveness.
A bill to amend 1953 PA 232, entitled
"Corrections code of 1953,"
(MCL 791.201 to 791.285) by adding chapter IIIB.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER IIIB
Sec. 58. This chapter shall be known and may be cited as the
"parole sanction certainty act".
Sec. 58a. As used in this chapter:
(a) "Chief supervising agent" means the highest ranking parole
administrator in each judicial circuit.
(b) "Controlled substance" means that term as defined under
section 7104 of the public health code, 1978 PA 368, MCL 333.7104.
(c) "Parole sanction certainty supervision" means being placed
on parole subject to conditions and sanctions as set forth in this
chapter.
(d) "Positive reinforcement" means any of a wide range of
rewards and incentives, including, but not limited to, awarding
certificates of achievement, reducing reporting requirements,
deferring a monthly supervision fee payment, awarding earned
compliance credits, removing supervision conditions such as home
detention or curfew, or asking the offender to be a mentor to
others.
(e) "Sanction" means any of a wide range of nonprison offender
accountability measures and programs, including, but not limited
to, electronic supervision tools, drug and alcohol testing or
monitoring, day or evening reporting centers, restitution centers,
forfeiture of earned compliance credits, rehabilitative
interventions such as substance abuse or mental health treatment,
reporting requirements to supervision officers, community service
or work crews, secure or unsecure residential treatment facilities
or halfway houses, and short-term or intermittent incarceration.
(f) "Supervised individual" means an individual who is placed
on parole subject to parole sanction certainty supervision under
this chapter.
(g) "Supervising agent" means the parole agent assigned to
directly supervise an individual on parole sanction certainty
supervision.
Sec. 58b. (1) By January 1, 2017, the department shall adopt a
system of sanctions for violations of conditions of parole sanction
certainty supervision. To the extent possible, the system of
sanctions shall be uniform throughout the state for all parolees
subject to parole sanction certainty supervision.
(2) Subject to subsection (3), the department shall determine
which offenders shall be placed in the community on parole sanction
certainty supervision under this chapter.
(3) The department shall implement the parole sanction
certainty system created in this chapter in the 5 counties in this
state in which the greatest number of individuals convicted of
criminal violations are sentenced to incarceration under the
jurisdiction of the department, as determined by the department's
annual statistical report.
(4) The department shall consult with and seek recommendations
from local law enforcement agencies in the counties where parole
sanction certainty supervision is implemented, including the
sheriff's departments, circuit courts, county prosecutor's offices,
and community corrections programs in developing a plan for
implementing parole sanction certainty supervision in the county.
Sec. 58c. (1) Subject to subsection (3), the system of parole
sanction certainty supervision described in section 58b shall set
forth a list of presumptive sanctions for the most common types of
supervision violations, including, but not limited to, failing to
report, failing to participate in a required program or service,
failing to complete community service, violating a protective or
no-contact order, or failing to refrain from the use of alcohol or
a controlled substance. The system of sanctions shall take into
account factors such as the severity of the violation, the
supervised individual's previous criminal record, the number and
severity of any previous supervision violations, the supervised
individual's assessed risk level, and the extent to which sanctions
were imposed for previous violations. The system also shall define
positive reinforcements that supervised individuals will receive
for complying with their conditions of supervision.
(2) Subject to subsection (3), the department shall establish
a process to review and to approve or reject, before imposition,
sanctions that deviate from those that are otherwise prescribed
under subsection (1).
(3) A supervised individual who violates the terms of his or
her parole sanction certainty supervision under this chapter, but
whose parole is not going to be revoked under section 40a as a
result of the violation, may be sanctioned with confinement in a
correctional or detention facility for not more than 30 days. After
a supervised individual completes his or her confinement under this
subsection, he or she may be returned to parole sanction certainty
supervision under the same terms of supervision under which he or
she was previously supervised, or under new parole sanction
certainty supervision terms at the discretion of the department.
Sec. 58d. A supervised individual shall be subject to 1 of the
following for violating any condition of his or her parole sanction
certainty supervision:
(a) Sanctions other than parole revocation and incarceration
as appropriate to the severity of the violation behavior, the risk
of future criminal behavior by the offender, and the need for and
availability of interventions that may assist the offender to
remain compliant with his or her conditions of release and to be
crime-free in the community.
(b) Parole revocation proceedings under section 40a and
possible incarceration for failure to comply with the condition of
supervision if that failure constitutes a significant risk to prior
victims of the supervised individual or the community at large and
the risk cannot be appropriately managed in the community.
Sec. 58e. Before being placed on parole sanction certainty
supervision subject to sanctions, the supervised individual shall
be informed in person of the conditions of that parole sanction
certainty supervision. The supervised individual shall also sign a
written agreement to abide by those conditions or to be immediately
subject to sanctions or to parole revocation under section 40a,
whichever is determined by the department to be appropriate.
Sec. 58f. (1) The department may do either of the following if
an individual violates a condition of parole sanction certainty
supervision:
(a) Modify the conditions of parole sanction certainty
supervision for the limited purpose of imposing sanctions.
(b) Place the individual in a state or local correctional or
detention facility or residential center for a period specified in
the list of presumptive sanctions or as otherwise provided under
section 58c(2) and (3). If an individual is to be placed in a local
correctional or detention facility, he or she shall only be placed
in a facility with whom the department has an existing
reimbursement agreement.
(2) A supervising agent intending to modify the conditions of
parole sanction certainty supervision by imposing a sanction shall
issue to the supervised individual a notice of this intended
sanction. The notice shall inform the supervised individual of each
violation alleged, the date of each violation, and the sanction to
be imposed.
(3) The imposition of a sanction by a supervising agent shall
comport with the system of sanctions adopted by the department
under sections 58b and 58c. The failure of the supervised
individual to comply with a sanction constitutes a violation of
parole. Sanctions specified and imposed by an agent are immediately
effective.
(4) A sanction that involves confinement in a correctional or
detention facility is subject to section 58c(3) and approval by the
chief supervising agent, but the supervised individual may be taken
into custody for a period not to exceed 4 hours while the approval
is sought. If the supervised individual is employed, the
supervising agent shall, to the extent feasible, impose the
sanction for weekend days or other days or times when the
supervised individual is not working.
(5) A sanction shall not be imposed for any violation of
parole that may warrant an additional, separate felony charge.
However, a sanction may be imposed if the violation is only based
upon the individual's testing positive for a controlled substance.
(6) If an individual successfully completes conditions imposed
under a sanction, the department shall not revoke the assigned term
of parole sanction certainty supervision or impose additional
sanctions for the same violation.
(7) If a supervising agent modifies the conditions of parole
sanction certainty supervision by imposing a sanction, the
supervising agent shall do all of the following:
(a) Deliver a copy of the modified conditions to the
supervised individual.
(b) File a copy of the modified conditions with the
department.
(c) Note the date of delivery of the copy in the supervised
individual's file.
Sec. 58g. (1) The chief supervising agent shall review
confinement sanctions recommended by supervising agents in the 5
counties where parole sanction certainty supervision is implemented
on a quarterly basis to assess any disparities that may exist among
agents, evaluate the effectiveness of the sanction as measured by
the supervised individuals' subsequent conduct, and monitor the
impact on the agency's number and type of revocations for
violations of the conditions of supervision.
(2) The chief supervising agent of each judicial circuit shall
report all of the following on a quarterly basis to the house and
senate committees concerned with corrections issues:
(a) The number of supervised individuals completing parole
supervision and being discharged from parole.
(b) The number of and type of parole violations, including
violations that do or do not result in parole revocation.
(c) The number of parole revocations.
(d) The number of parole violations specifically related to a
supervised individual's testing positive for controlled substances,
without a physician's prescription, or alcohol in violation of a
parole order, as applicable.
(e) The number of parole violations specifically related to a
supervised individual's failure to appear at a scheduled meeting
with his or her supervising agent.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.