SENATE BILL No. 935

 

 

May 3, 2016, Introduced by Senators SHIRKEY, HORN, JONES, GREGORY, COLBECK, PROOS, EMMONS, WARREN, BRANDENBURG, PAVLOV, NOFS and KNOLLENBERG and referred to the Committee on Michigan Competitiveness.

 

 

 

     A bill to create the supervising region incentive program act;

 

to create the supervising region incentive fund; to provide for use

 

of the fund; and to provide for the powers and duties of certain

 

state and local governmental officers and entities.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

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

 

"supervising region incentive act".

 

     Sec. 2. As used in this act:

 

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

 

     (b) "Field operations administration region" means 1 of the

 

geographic regions delineated by the department that oversee

 

supervised individuals within the region and that employ parole and

 

probation officers to engage in direct supervision of the


supervised individuals.

 

     (c) "Supervised individual" means an individual placed on

 

probation or serving a period of parole or postrelease supervision

 

from prison or jail.

 

     (d) "Supervising officer" means a person appointed or employed

 

by a field operations administration region to supervise supervised

 

individuals.

 

     Sec. 3. (1) The supervising region incentive fund is created

 

within the state treasury.

 

     (2) The state treasurer may receive money or other assets from

 

any source for deposit into the fund, including general fund

 

appropriations, gifts, grants, and bequests. The state treasurer

 

shall direct the investment of the fund. The state treasurer shall

 

credit to the fund interest and earnings from fund investments.

 

     (3) Money in the fund at the close of the fiscal year shall

 

remain in the fund and not lapse to the general fund.

 

     (4) The department shall be the administrator of the fund for

 

auditing purposes.

 

     (5) The department shall expend money from the fund, upon

 

appropriation, only for 1 or both of the following purposes:

 

     (a) As an incentive to field operations administration regions

 

that implement supervision practices, procedures, and sanctions

 

directed at parole and probation revocation reduction within the

 

region.

 

     (b) To assist field operations administration regions to

 

implement supervision practices, procedures, and sanctions directed

 

at parole and probation revocation reduction within the region.


     Sec. 4. (1) By January 1, 2017, the department shall adopt a

 

supervising region incentive program to be offered to field

 

operations administration regions that agree to seek not less than

 

a 10% reduction in parole and probation revocations in the region's

 

supervised population.

 

     (2) To be eligible to receive incentive funding under

 

subsection (1), a field operations administration region shall

 

enter into an agreement with the department to seek not less than a

 

10% reduction within a 1-year period in parole and probation

 

revocations in the field operations administration region by

 

implementing the practices, procedures, and sanctions, as

 

applicable, under the parole sanction certainty act in chapter IIIB

 

of the corrections code of 1953, 1953 PA 232, MCL 791.258 to

 

791.258g, as well as other efforts to reduce parole and probation

 

revocations.

 

     (3) A field operations administration region shall work with

 

local law enforcement agencies within the region, including the

 

sheriff's departments, circuit courts, county prosecutor's offices,

 

and community corrections programs in developing the region's plan

 

to reduce parole and probation revocations.

 

     (4) A field operations administration region shall only

 

receive incentive funding under this section if the field

 

operations administration region achieves not less than a 10%

 

reduction in parole and probation revocations within a 1-year

 

period.

 

     (5) A field operations administration region that receives

 

incentive funding under subsection (4) is eligible to receive


additional incentive funding if, after 3 years have elapsed after

 

the field operations administration region received incentive

 

funding under subsection (4), the field operations administration

 

region achieves an additional reduction in parole and probation

 

revocations of not less than 10% within a 1-year period compared to

 

the number of parole and probation revocations in the year it

 

received incentive funding under subsection (4).

 

     (6) A field operations administration region that receives

 

incentive funding under this section shall divide the funds between

 

the parole and probation divisions within the field operations

 

administration region in a manner that is commensurate to the

 

percentage of supervised individuals in each division.

 

     Sec. 5. Incentive funding received by a field operations

 

administration region may only be used for the following purposes:

 

     (a) The purchase and maintenance of monitoring technology.

 

     (b) Job training.

 

     (c) Substance abuse treatment.

 

     (d) Mental health counseling and treatment.

 

     (e) Approved parolee and probationer incentive programs.

 

     (f) Hiring additional supervising officers to reduce

 

supervising agent caseloads.

 

     (g) Reimbursement for jail services.

 

     (h) Evidence-based cognitive or behavioral programs and

 

practices that have demonstrated success in reducing recidivism.

 

     Sec. 6. The department shall submit an annual report not later

 

than November 1 of each year, providing all of the following to the

 

members of the senate and house appropriations subcommittees on


corrections and the senate and house fiscal agencies:

 

     (a) Which and how many of the field operations administration

 

regions are participating in the incentive funding program created

 

in section 4.

 

     (b) The total, if any, of the avoided costs of incarceration

 

realized through the implementation of the supervision practices,

 

procedures, and sanctions for probationers and parolees described

 

in section 4.

 

     (c) The total, if any, of the avoided costs to victims

 

realized through the implementation of the supervision practices,

 

procedures, and sanctions for probationers and parolees described

 

in section 4.

 

     (d) The total, if any, of the avoided costs of the probation

 

or parole revocation process realized through the implementation of

 

the supervision practices, procedures, and sanctions for the

 

supervised individuals described in section 4.

 

     Enacting section 1. This act takes effect 90 days after the

 

date it is enacted into law.

 

     Enacting section 2. This act does not take effect unless

 

Senate Bill No. 932                                                 

 

the 98th Legislature is enacted into law.