Bill Text: MI SB0932 | 2015-2016 | 98th Legislature | Engrossed
Bill Title: Corrections; parole; parole sanctions certainty act; create. Amends 1953 PA 232 (MCL 791.201 - 791.285) by adding ch. IIIB.
Spectrum: Moderate Partisan Bill (Republican 9-2)
Status: (Engrossed - Dead) 2016-07-13 - Referred To Committee On Criminal Justice [SB0932 Detail]
Download: Michigan-2015-SB0932-Engrossed.html
SB-0932, As Passed Senate, June 9, 2016
SUBSTITUTE FOR
SENATE BILL NO. 932
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) "Confinement sanction" means a violation sanction
resulting in confinement in a departmental facility or local county
jail for not more than 30 days.
(b) "Controlled substance" means that term as defined under
section 7104 of the public health code, 1978 PA 368, MCL 333.7104.
(c) "Evidenced-based practices" means a progressive,
organizational use of direct and current scientific evidence to
guide and inform efficient and effective correctional services that
have been shown to reduce recidivism.
(d) "Nonconfinement sanction" means a violation sanction that
does not result in imprisonment in the custody of the department or
the county jail, including, but not limited to, any of the
following:
(i) Extension of the period of supervision with the time
period provided by law.
(ii) Additional reporting and compliance requirements.
(iii) Testing for the use of controlled substances or alcohol.
(iv) Counseling or treatment for behavioral health problems,
including substance abuse.
(e) "Parole sanction certainty program" means the program
created under this chapter that utilizes a set of established
sanctions to supervise eligible offenders that have been placed on
parole.
(f) "Parole sanction certainty supervision" means being placed
on parole subject to conditions and sanctions as set forth in the
parole sanction certainty program created under this chapter.
(g) "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,
counseling, reporting requirements to supervision officers,
Senate Bill No. 932 as amended June 9, 2016
community service or work crews, secure and unsecure residential
treatment facilities or halfway houses, and short-term or
intermittent incarceration.
(h) "Supervised individual" means an individual who is placed
on parole subject to parole sanction certainty supervision under
this chapter.
(i) "Supervising agent" means the parole agent assigned to
directly supervise an individual on parole sanction certainty
supervision.
(j) "Validated risk and needs assessment" means a tool or
tools adopted by the department that have been validated as to the
effectiveness of the tool in determining a supervised individual's
likely risk of reoffense, violent reoffense, or both, as well as
the offender's <<criminogenic>> needs.
Sec. 58b. (1) By January 1, 2017, the department shall adopt a
system of sanctions for violations of conditions of parole for
offenders supervised under the parole sanction certainty program.
The sanctions adopted under this section shall utilize evidence-
based practices that have been demonstrated to reduce recidivism
and increase compliance with the conditions of parole based on the
identified risk and needs of the supervised individual as
determined by a validated risk assessment. 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 under
the parole sanction certainty program under this chapter.
(3) The department shall implement the parole sanction
certainty program 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 the
parole sanction certainty program is implemented, including the
sheriff's departments, circuit courts, county prosecutor's offices,
and community corrections programs in developing a plan for
implementing the parole sanction certainty program in the county.
Sec. 58c. (1) Subject to subsection (3), the parole sanction
certainty program 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, 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 impact of the violation on the safety or well-being of the
crime victim, if applicable, the supervised individual's previous
criminal record, the number and severity of any previous
supervision violations, the supervised individual's assessed risk
level, the supervised individual's needs as established by a
validated risk and needs assessment, 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 subject to a confinement sanction
and be confined 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.
(4) Nothing in this chapter prevents the arrest of a parolee
under section 39 or the revocation of parole under section 40a.
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) A nonconfinement sanction.
(b) A confinement sanction.
(c) 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
Senate Bill No. 932 as amended June 9, 2016
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 <<that agrees to take the individual and>> 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). 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 department shall appoint an individual from
within the department to review confinement sanctions recommended
by supervising agents in the 5 counties where the parole sanction
certainty program is implemented on a biannual 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 individual appointed under subsection (1) shall report
all of the following on a biannual 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.
