Bill Text: MI HB4146 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Corrections; other; housing of state prisoners at the former Michigan youth correctional facility; allow. Amends sec. 20i of 1953 PA 232 (MCL 791.220i).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2009-02-05 - Printed Bill Filed 02/05/2009 [HB4146 Detail]

Download: Michigan-2009-HB4146-Introduced.html

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HOUSE BILL No. 4146

 

February 4, 2009, Introduced by Rep. Hansen and referred to the Committee on Judiciary.

 

     A bill to amend 1953 PA 232, entitled

 

"Corrections code of 1953,"

 

by amending section 20i (MCL 791.220i), as added by 2006 PA 351.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 20i. (1) If the The former Michigan youth correctional

 

facility established pursuant to section 20g in Webber township,

 

Lake county, Michigan, is not may be utilized by the department for

 

housing inmates or detainees under the jurisdiction of the

 

department, the private vendor that operates operated the former

 

Michigan youth correctional facility may utilize the facility for

 

housing, for either or both of the following purposes:

 

     (a) Housing, custody, and care of prisoners who are under the

 

jurisdiction of the department. The department shall not commit

 

prisoners to the facility under this subsection unless it enters

 

into a contract with the private vendor for that purpose.

 

     (b) Housing, custody, and care of detainees or inmates from

 

other local, state, or federal agencies, either by directly

 

contracting with those local, state, or federal agencies or by

 

having 1 or more local, state, or federal agencies enter into an

 

interlocal agreement with Webber township, Lake county, or the

 

county sheriff for Lake county, who in turn may contract with the

 

private vendor for services to be provided under the terms of the

 

interlocal agreement, subject to the requirements of this section.

 

If all contractual factors regarding potential inmates or detainees

 

are equal, the private vendor shall give preference to the

 

admission of inmates or detainees sent from agencies within this

 

state.

 

     (2) Any contract under this section for the housing, custody,

 

and care of detainees or inmates from the department or from other

 

local, state, or federal agencies shall require all of the

 

following:

 

     (a) The private vendor that operates the facility shall do all

 

of the following:

 

     (i) Obtain accreditation of the facility by the American

 

correctional association within 24 months after the private vendor

 

commences operations at the facility and maintain that

 

accreditation throughout the term of any contract for the use of

 

the facility.

 

     (ii) Operate the facility in compliance with the applicable

 

standards of the American correctional association.

 

     (b) The personnel employed by the private vendor in the

 

operation of the facility shall meet the employment and training

 

requirements set forth in the applicable standards of the American

 

correctional association, and also shall meet any higher training

 

and employment standards that may be mandated under a contract

 

between the private vendor and the department or between the

 

private vendor and a local, state, or federal agency that sends

 

inmates or detainees to the facility.

 

     (c) Any serious incident that occurs at the facility shall be

 

reported immediately to the sheriff of Lake county and the state

 

police.

 

     (3) An inmate or detainee housed at the facility shall not

 

participate in work release, a work camp, or another similar

 

program or activity occurring outside the secure perimeter of the

 

facility.

 

     (4) The facility shall allow the presence of on-site monitors

 

from the department or any local, state, or federal agency that

 

sends inmates or detainees to the facility, for the purpose of

 

monitoring the conditions of confinement of those inmates or

 

detainees. Whenever the private vendor submits a written report to

 

a local, state, or federal agency that sends inmates or detainees

 

to the facility, the private vendor shall send copies of the

 

written report to the township supervisor for Webber township, the

 

board of county commissioners for Lake county, the sheriff of Lake

 

county, and the department.

 

     (5) Personnel employed at the facility by the private vendor

 

who have met the employment and training requirements set forth in

 

the applicable standards of the American correctional association

 

have full authority to perform their duties and responsibilities

 

under law, including, but not limited to, exercising the use of

 

force in the same manner and to the same extent as would be

 

authorized if those personnel were employed in a correctional

 

facility operated by the department.

 

     (6) A contract with the department or with a local, state, or

 

federal agency that sends inmates or detainees to the facility

 

shall not require, authorize, or imply a delegation of the

 

authority or responsibility to the private vendor to do any of the

 

following:

 

     (a) Develop or implement procedures for calculating inmate

 

release and parole eligibility dates or recommending the granting

 

or denying of parole, although the private vendor may submit

 

written reports that have been prepared in the ordinary course of

 

business.

 

     (b) Develop or implement procedures for calculating and

 

awarding earned credits, including good time credits, disciplinary

 

credits, or similar credits affecting the length of an inmate's

 

incarceration, approving the type of work inmates may perform and

 

the wage or earned credits, if any, that may be awarded to inmates

 

engaging in that work, and granting, denying, or revoking earned

 

credits.

 

     (7) An A prisoner, inmate, or detainee shall not be housed at

 

the facility unless the security classification of the prisoner,

 

inmate, or detainee, as it is determined by the department for a

 

prisoner under the jurisdiction of the department or, in the case

 

of an inmate or detainee who is not under the jurisdiction of the

 

department, as it would be determined by the department if he or

 

she were being housed in a state correctional facility, is level IV

 

or below, and has never previously been above level IV.

 

     (8) Inmates and detainees shall be transferred to and from the

 

facility in a secure manner. Any inmate or detainee housed at the

 

facility who was sent from another state, a local agency outside

 

this state, or the federal government shall be returned to the

 

agency that sent the inmate or detainee upon completion of the

 

inmate's or detainee's term of incarceration in the facility and

 

shall not be released from custody within this state.

 

     (9) The department of corrections is not responsible for

 

oversight of the facility. This state, or any department or agency

 

of this state, is not civilly liable for damages arising out of the

 

operation of the facility.

 

     (10) As used in this section:

 

     (a) "Facility" means the former Michigan youth correctional

 

facility described in subsection (1).

 

     (b) "Security classification" means 1 of 6 levels of

 

restrictiveness enforced in housing units at each state

 

correctional facility, as determined by the department, with

 

security level I being the least restrictive and security level VI

 

being the most restrictive.

 

     (c) "Serious incident" means a disturbance at the facility

 

involving 5 or more inmates or detainees, a death of an inmate or

 

detainee, a felony or attempted felony committed within the

 

facility, or an escape or attempted escape from the facility.