Bill Text: MI SB1043 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Law enforcement; other; sheriff's coordinating and training council; eliminate, and reorganize certain duties of certain boards, offices, and commissions relating to local corrections officers. Amends title & secs. 2, 8, 9, 10, 11, 12, 13, 14, 15 & 16 of 2003 PA 125 (MCL 791.532 et seq.); adds sec. 3a & repeals secs. 3, 4, 5, 6 & 7 of 2003 PA 125 (MCL 791.533 et seq.). TIE BAR WITH: SB 1042'09, SB 1044'09

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2009-12-18 - Referred To Committee On Judiciary [SB1043 Detail]

Download: Michigan-2009-SB1043-Introduced.html

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SENATE BILL No. 1043

 

 

December 18, 2009, Introduced by Senator RICHARDVILLE and referred to the Committee on Judiciary.

 

 

 

     A bill to amend 2003 PA 125, entitled

 

"Local corrections officers training act,"

 

by amending the title and sections 2, 8, 9, 10, 11, 12, 13, 14, 15,

 

and 16 (MCL 791.532, 791.538, 791.539, 791.540, 791.541, 791.542,

 

791.543, 791.544, 791.545, and 791.546) and by adding section 3a;

 

and to repeal acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

TITLE

 

     An act to improve the training and education of local

 

corrections officers; to provide for the certification,

 

recertification, and decertification of local corrections officers

 

and the development of standards and requirements for local

 

corrections officers; to provide for certain powers and duties of

 

the commission on law enforcement standards; to provide for the

 

creation of a sheriffs coordinating and training office and a local

 

corrections officers advisory board and a local correctional

 

officers training office and to prescribe their powers and duties;

 

and to prescribe the powers and duties of certain local and state

 

officers and agencies.

 

     Sec. 2. As used in this act:

 

     (a) "Board" means the local corrections officers advisory

 

board created in section 9.

 

     (b) "Council" means the sheriffs coordinating and training

 

council described in section 4 "Commission" means the 15-member

 

commission on law enforcement standards created in section 3 of the

 

commission on law enforcement standards act, 1965 PA 203, MCL

 

28.603.

 

     (c) "Executive secretary" means the executive secretary of the

 

council.

 

     (c) (d) "Local correctional facility" means county jail, work

 

camp, or any other facility maintained by a county that houses

 

adult prisoners.

 

     (d) (e) "Local corrections officer" means any person employed

 

by a county sheriff in a local correctional facility as a

 

corrections officer or that person's supervisor or jail

 

administrator. Local corrections officer does not include any of

 

the following:

 

     (i) A sheriff or undersheriff.

 

     (ii) A chief deputy sheriff, unless the chief deputy sheriff

 

serves exclusively as the jail administrator.

 

     (e) (f) "Office" means the sheriffs coordinating and training

 

office created in section 3 local corrections officers training

 

office created in section 3a.

 

     Sec. 3a. (1) The local corrections officers training office is

 

created in the commission.

 

     (2) The chief executive officer of the office is the local

 

corrections officers training administrator, who shall be appointed

 

by the commission and who shall hold office at the pleasure of the

 

commission. The local corrections officers training administrator

 

shall perform the functions and duties as may be assigned by the

 

commission. The commission may employ other persons as it considers

 

necessary to implement the intent and purpose of this act.

 

     (3) The local corrections officers training administrator

 

shall develop procedures to measure compliance with this act.

 

     Sec. 8. (1) Not later than October 1, 2004 and as As often as

 

the commission determines is necessary, after that, the council

 

commission shall approve minimum standards and requirements for

 

local corrections officers with respect to the following:

 

     (a) Recruitment, selection, and certification of new local

 

corrections officers based upon at least, but not limited to, work

 

experience, educational achievement, and physical and mental

 

fitness.

 

     (b) New employee and continuing training programs.

 

     (c) Recertification Annual recertification process.

 

     (d) Course content of the vocational certificate program, the

 

central training academy, and continuing training programs. The

 

course content shall include education and training on how to

 

identify and manage prisoners with a mental illness.

 

     (e) Decertification process.

 

     (2) The minimum standards approved under this section by the

 

former sheriffs coordinating and training council before the

 

effective date of the amendatory act that added this subsection

 

remain in effect until amended or replaced by the commission.

 

     Sec. 9. (1) The local corrections officers advisory board is

 

created within the council commission. The board shall consist

 

consists of 9 members appointed by the council commission, as

 

follows:

 

     (a) Three members of the board shall be members of the deputy

 

sheriff's association of Michigan.

 

     (b) Three members of the board shall be members of the

 

Michigan sheriffs' association.

 

     (c) One member of the board shall be a member of the police

 

officers association of Michigan.

 

     (d) One member of the board shall be a member of the fraternal

 

order of police.

 

     (e) One member of the board shall be a member of the Michigan

 

association of counties.

 

     (2) All members of the board shall hold office for terms of 3

 

years each. , except that of the members first appointed 3 shall

 

serve for terms of 1 year each, 3 shall serve for terms of 2 years

 

each, and 3 shall serve for terms of 3 years each. Successors shall

 

be appointed in the same manner as the original appointment.

 

     (3) A person appointed as a member to fill a vacancy created

 

other than by expiration of a term shall be appointed in the same

 

manner as the original appointment for the remainder of the

 

unexpired term of the member whom the person is to succeed.

 

     (4) Any member may be reappointed for additional terms.

 

     (5) The members of the board shall serve without compensation

 

but shall be are entitled to their actual expenses in attending

 

meetings and in the performance of their duties.

 

     (6) Not later than April 1, 2004 and as As often as necessary,

 

after that, the board shall develop and recommend to the commission

 

minimum standards and requirements for local corrections officers,

 

including a standardized annual core training curriculum

 

recertification process that shall be used by all sheriffs, and

 

shall submit those standards and requirements to the council

 

commission for the council's commission's approval under section 8.

 

     (7) The board shall recommend to the council all facilities

 

that the board approves for providing training to local corrections

 

officers under this act.

 

     (8) Any employee of the sheriff's department who is appointed

 

to the board under subsection (1)(a) shall be allowed by his or her

 

supervising sheriff to attend any meeting of the board without loss

 

of pay or benefits.

 

     (9) The board created in subsection (1) is transferred from

 

the former sheriffs coordinating and training council to the

 

commission by a type II transfer, as that term is defined in

 

section 3(b) of the executive organization act of 1965, 1965 PA

 

380, MCL 16.103.

 

     Sec. 10. The board shall make an annual report to the council

 

commission that includes pertinent data regarding the standards and

 

requirements established and an evaluation on the effectiveness of

 

local corrections officer training programs.

 

     Sec. 11. (1) Beginning April 1, 2004, a person shall not be a

 

local corrections officer unless he or she is certified or

 

recertified by the council as provided in section 12 or 13. The

 

council commission shall certify those persons and recertify on an

 

annual basis those persons who satisfy the criteria set forth in

 

section 12 or 13. Certification and recertification applies to all

 

local corrections officers employed by a county sheriff's

 

department.

 

     (2) A local corrections officer who is not annually

 

recertified as provided in this act shall be considered to be

 

decertified as a local corrections officer. The commission shall

 

establish procedures for a local corrections officer to appeal his

 

or her decertification.

 

     (3) A person who was certified or recertified by the former

 

sheriffs coordinating and training council pursuant to this section

 

as it existed before the effective date of the amendatory act that

 

added this subsection shall be considered to be fully certified or

 

recertified to the same extent as if that certification or

 

recertification had been authorized by the commission.

 

     Sec. 12. Effective January 1, 2005 2010, a person who is

 

employed as a local corrections officer before January 1, 2005

 

2010, upon furnishing the council commission satisfactory evidence

 

of his or her employment as a local corrections officer, shall be

 

certified and recertified by the council commission as a local

 

corrections officer if he or she applies to the council commission

 

for certification not later than April 1, 2004 2009.

 

     Sec. 13. A person who was not employed as a local corrections

 

officer before January 1, 2005 2010 but who becomes employed as a

 

local corrections officer on or after January 1, 2005 2010 shall

 

not be certified or recertified by the council commission unless he

 

or she meets all of the following conditions:

 

     (a) He or she is a citizen of the United States and is 18

 

years of age or older.

 

     (b) He or she has obtained a high school diploma or attained a

 

passing score on the general education development test indicating

 

a high school graduation level.

 

     (c) Not later than 12 months after becoming employed as a

 

local corrections officer, he or she has fulfilled other standards

 

and requirements developed by the board and approved by the council

 

for certification.

 

     (c) (d) He or she has fulfilled standards and requirements

 

developed by the council commission upon the recommendation of the

 

board for recertification.

 

     Sec. 14. The council commission may do all of the following:

 

     (a) Enter into agreements with other public or private

 

agencies or organizations to implement the intent of this act.

 

     (b) Cooperate with and assist other public or private agencies

 

or organizations to implement the intent of this act.

 

     (c) Make recommendations to the legislature on matters

 

pertaining to its responsibilities under this act.

 

     Sec. 15. (1) The local corrections officers training fund is

 

created in the state treasury. The fund shall be administered by

 

the council commission, which shall expend the fund only as

 

provided in this section.

 

     (2) There shall be credited to the local corrections officer

 

training fund all revenue received from fees and civil fines

 

collected under section 4b of 1846 RS 171, MCL 801.4b, and funds

 

from any other source provided by law.

 

     (3) The council commission shall use the fund only for grants

 

to counties or groups of counties to be used to defray the costs of

 

continuing education, certification, recertification,

 

decertification, and training of local corrections officers; for

 

the personnel and administrative costs of the office, board , and

 

council commission; and for other expenditures related to the

 

requirements of this act. Only counties that forward to the fund

 

100% of fees collected under section 4b of 1846 RS 171, MCL 801.4b,

 

are eligible to receive grants from the fund. A county that

 

receives funds from the council commission under this section shall

 

use those funds only for costs relating to the continuing

 

education, certification, recertification, and training of local

 

corrections officers in that county and shall not use those funds

 

to supplant current spending by the county for those purposes,

 

including state grants and training funds.

 

     (4) The council commission, upon written request, shall

 

reimburse the full amount of any fee paid by a person under section

 

4b of 1846 RS 171, MCL 801.4b, if the person was incarcerated

 

pending trial and was found not guilty or the prosecution against

 

the person was terminated for any reason. The council commission

 

shall create and make available to all local correctional

 

facilities in this state a written form explaining the provisions

 

of this subsection. The form shall include the address to which the

 

reimbursement request should be sent.

 

     (5) Unexpended funds remaining in the fund at the end of the

 

fiscal year shall remain in the fund and shall not revert to the

 

general fund.

 

     Sec. 16. The council commission may accept funds, grants, and

 

gifts from any public or private source which shall be used to

 

defray the expenses incident to implementing its responsibilities

 

under this act.

 

     Enacting section 1. Sections 3, 4, 5, 6, and 7 of the local

 

corrections officers training act, 2003 PA 125, MCL 791.533,

 

791.534, 791.535, 791.536, and 791.537, are repealed.

 

     Enacting section 2. This amendatory act does not take effect

 

unless all of the following bills of the 95th Legislature are

 

enacted into law:

 

     (a) Senate Bill No. 1042.                                  

 

             

 

     (b) Senate Bill No. 1044.