Bill Text: MI HB4657 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Courts: state court administration; state pretrial services division; create. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding secs. 11 & 11a to ch. V.
Spectrum: Partisan Bill (Democrat 20-1)
Status: (Introduced) 2023-05-25 - Bill Electronically Reproduced 05/24/2023 [HB4657 Detail]
Download: Michigan-2023-HB4657-Introduced.html
HOUSE BILL NO. 4657
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
(MCL 760.1 to 777.69) by adding sections 11 and 11a to chapter V.
the people of the state of michigan enact:
Sec. 11. (1) The state court administrative office shall create a pretrial services division. The pretrial services division shall do all of the following:
(a) For each judicial circuit, certify, contract with, and regularly review for recertification 1 or more agencies to provide pretrial services in the judicial circuit.
(b) Develop and publish the certification criteria used to select pretrial services agencies under subdivision (a) and update the published criteria every 5 years to reflect research on or developments in providing effective pretrial services.
(c) Maintain a list on the division's public website that identifies, by judicial circuit, each pretrial services agency certified under subdivision (a).
(d) Identify and disseminate evidence-based best practices to pretrial services agencies for the provision of pretrial services that will increase the likelihood that a defendant is not rearrested and attends all required court appearances.
(e) Establish training protocols to ensure pretrial services agencies are following the evidence-based best practices identified and disseminated under subdivision (d).
(f) Establish performance measures for pretrial services agencies and ensure complete and accurate information and data collection for those performance measures.
(g) Request and collect by January 31 of each year and publish on the division's website by April 30 of each year information and data, by judicial circuit, from each pretrial services agency regarding all cases closed during the previous calendar year, including, but not limited to, all of the following:
(i) Disaggregated by the defendants who receive supportive services only, pretrial supervision only, or both supportive services and pretrial supervision, all of the following information, as applicable:
(A) The number and rate of defendants released on pretrial services who fail to appear.
(B) The number of defendants who missed 1 or more court dates.
(C) Any known reason for a failure to appear collected by the pretrial services agency.
(D) The number of warrants issued for failures to appear.
(E) The number of defendants detained during the pretrial period or placed on pretrial electronic monitoring after a failure to appear.
(ii) Information regarding defendants in pretrial electronic monitoring programs, including, but not limited to, the total number of defendants in each program, each defendant's demographic information including race, ethnicity, age, and sex, the charges for which each defendant was ordered to electronic monitoring, and the length of time that each defendant was subject to electronic monitoring.
(iii) Information on the pretrial rearrest of defendants released during the pretrial period, including the number of the defendants rearrested and charged with a new misdemeanor, serious misdemeanor, nonviolent felony, and violent felony offense while on pretrial release, the outcome of any rearrest, and how long after the initial release during the pretrial period these rearrests occurred.
(iv) Information on the voluntary supportive services offered by the agency, including the number of defendants receiving each available service and those defendants' pretrial rearrest and court appearance rates.
(v) The ratio of full-time pretrial services agency staff to defendants who are under pretrial supervision and receiving supportive services from each agency.
(vi) The average salaries and other compensation paid to pretrial services agencies administrators and staff.
(h) Evaluate the performance of each pretrial services agency, assist each agency that does not meet the performance standards set by the division to improve pretrial services, and decertify agencies that are unable to meet the standards after assistance by the division.
(i) Analyze and evaluate the data collected and undertake any research or studies necessary to improve the delivery of pretrial services in a manner that is consistent with meeting the needs and circumstances of each county and of the defendants receiving pretrial services, ensuring the appropriate use of pretrial services, and identifying and mitigating racial or other disparities.
(j) Request and receive, from any department, division, board or commission, bureau, agency or political subdivision of this state, or public authority, any assistance or legally available information or data necessary to enable the division to properly carry out the division's functions, powers, and duties.
(k) Investigate and monitor any other matter related to pretrial services, as needed.
(l) Develop recommendations for the distribution and expenditure of appropriations for pretrial services. In developing the recommendations, the division may consider all of the following:
(i) A pretrial services agency's performance measures.
(ii) The commitment of local resources and changes to the pretrial services provided by a judicial circuit.
(iii) The geographic balance of funding by region, population, crime rate, poverty rate, and individual community need.
(m) Target grants that support innovative and cost-effective improvements to the provision of evidence-based pretrial services, including collaborative efforts serving multiple counties.
(n) Apply for and accept any grant or gift intended for a purpose of the division. Subject to the laws and regulations that apply to appropriated funds, the grants or gifts received under this subdivision may be expended by the division to effectuate any division purpose.
(2) From amounts appropriated to the pretrial services division to fund pretrial services agencies, the division shall determine the amount of funding to provide after consulting with the local funding unit and considering all of the following:
(a) The local needs and resources identified by local funding units.
(b) The average number of defendants receiving supervision or supportive services at any 1 time by the agency and in the judicial circuit.
(c) Any other factor as may be deemed necessary.
(3) As used in this section, "local funding unit" means a funding unit as that term is defined in section 4803 of the revised judicature act of 1961, 1961 PA 236, MCL 600.4803.
Sec. 11a. (1) A pretrial services agency certified by the division under section 11 shall provide supportive services and supervision to defendants released during the pretrial period and ordered to pretrial services. A pretrial services agency shall comply with the requirements of this section and section 11.
(2) A pretrial services agency must be a public entity under the supervision and control of a county or municipality or a nonprofit entity under contract to the county, the municipality, or this state. A county or municipality may contract with another county or municipality in this state to provide pretrial services in its area. A county, a municipality, and this state shall not contract with a private or for-profit entity for pretrial services.
(3) In addition to the requirements developed by the division under section 11, to be certified by the division, a pretrial services agency shall demonstrate all of the following:
(a) Independent operation from law enforcement and probation with separate leadership, staff, and operating budget.
(b) Collaboration experience with other community-based organizations.
(c) The capacity to create individualized plans and provide supportive services for each defendant released during the pretrial period and ordered to pretrial services.
(4) For each defendant, a pretrial services agency shall do all of the following:
(a) Conduct an individualized needs assessment to determine the least restrictive means of supervision or voluntary supportive services, if any are necessary, to reasonably ensure the defendant remains free of rearrest during the pretrial period and attends all required court appearances. The assessment tool utilized by the agency must be approved by the division and must not lead to unnecessary supervision practices.
(b) Provide evidence-based and voluntary supportive services that have been shown to increase the likelihood that a defendant is not rearrested during the pretrial period and attends all required court appearances, including all of the following:
(i) Automated text message reminders for required court appearances.
(ii) A dedicated and reliable procedure for communicating with the court regarding rescheduling court appearances.
(iii) Transportation assistance.
(iv) Child care assistance during required court appearances, where practicable.
(v) Resources and referrals for housing and employment, where practicable.
(c) If necessary, provide evidence-based supervision to reasonably ensure the defendant is not rearrested during the pretrial period and attends all required court appearances. The supervision must be limited to text message, telephone, or video check-ins unless the court determines, in accordance with section 6b of this chapter, that a significant liberty restraint is necessary to address the defendant's risk. The defendant must not be required to pay for services provided or mandated by a court or provided by a pretrial services agency.
(5) By January 30 of each year, each pretrial services agency shall prepare and file a report with the division that contains all of the information required under section 11(1)(g) for cases closed during the previous calendar year. The report must not include any personal identifying information for a defendant.
(6) As used in this section:
(a) "Division" means the pretrial services division created in section 11.
(b) "Personal identifying information" means a name, number, or other information that is used for the purpose of identifying a specific person or providing access to a person's court records, including, but not limited to, a person's name, address, telephone number, driver license or state personal identification card number, Social Security number, or criminal history report.
(c) "Public entity" means this state, including all agencies thereof, any public body incorporated in this state, including all agencies thereof, any registered nonprofit agency in this state, or any non-incorporated public body in this state of whatever nature, including all agencies thereof.
Enacting section 1. This amendatory act takes effect 2 years after the date it is enacted into law.
