Bill Text: MI SB1141 | 2011-2012 | 96th Legislature | Engrossed
Bill Title: Criminal procedure; probation; probation swift and sure sanctions act; create, and provide for program eligibility and program funding. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding ch. XIA. TIE BAR WITH: SB 1179'12
Spectrum: Partisan Bill (Republican 9-0)
Status: (Passed) 2012-12-31 - Assigned Pa 0616'12 With Immediate Effect [SB1141 Detail]
Download: Michigan-2011-SB1141-Engrossed.html
SB-1141, As Passed Senate, October 17, 2012
SUBSTITUTE FOR
SENATE BILL NO. 1141
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
(MCL 760.1 to 777.69) by adding chapter XIA.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER XIA
Sec. 1. This chapter shall be known and may be cited as the
"probation swift and sure sanctions act".
Sec. 2. As used in this chapter:
(a) "Circuit court" includes a unified trial court having
jurisdiction over probationers.
(b) "Probationer" means an individual placed on probation for
committing a felony.
Sec. 3. It is the intent of the legislature to create a
voluntary state program to fund swift and sure probation
supervision at the local level based upon the immediate detection
of probation violations and prompt the imposition of sanctions and
remedies to address those violations. In furtherance of this
intent, the state swift and sure sanctions program is created with
the following objectives:
(a) Probationers are to be aware of their probation terms as
well as the consequences for violating the terms of their
probation.
(b) Probationers are to be closely monitored and every
detected violation is to be promptly addressed by the court.
(c) Probationers are to be arrested as soon as a violation has
been detected and are to be promptly taken before a judge for a
hearing on the violation.
(d) Probationers are to be sentenced with prescribed terms of
probation meeting the objectives of this chapter. Continued
violations are to be addressed by increasing sanctions and remedies
as necessary to achieve results.
(e) To the extent possible and considering local resources,
probationers subject to swift and sure probation under this chapter
shall be treated uniformly throughout the state.
Sec. 4. (1) Beginning January 1, 2013, the state court
administrative office shall, under the supervision of the supreme
court, provide grants under this chapter to fund programs of swift
and sure probation supervision in the circuit court that meet the
objectives set forth in section 3 and the requirements of section
5.
(2) A court may apply for a grant to fund a program of swift
and sure probation supervision under this chapter by filing a
written application with the state court administrative office in
the manner required by that office. The funding of all grants under
this chapter is subject to appropriation.
Sec. 5. (1) A program of swift and sure probation supervision
funded under section 4 shall do all of the following:
(a) Require the court to inform the probationer in person of
the requirements of his or her probation and the sanctions and
remedies that may apply to probation violations.
(b) Require the probationer to initially meet in person with a
probation agent or probation officer and as otherwise required by
the court.
(c) Provide for the judicial review of any probation violation
as soon as possible but within 72 hours after the violation is
reported to the court unless a departure from the 72-hour
requirement is authorized for good cause as determined by criteria
established by the state court administrative office.
(d) Provide for the immediate imposition of sanctions and
remedies approved by the state court administrative office to
effectively address probation violations. The sanctions and
remedies approved under this subdivision may include, but need not
be limited to, 1 or more of the following:
(i) Temporary incarceration in a jail or other facility
authorized by law to hold probation violators.
(ii) Extension of the period of supervision within the period
provided by law.
(iii) Additional reporting and compliance requirements.
(iv) Testing for the use of drugs and alcohol.
(v) Counseling and treatment for emotional or other mental
health problems, including for substance abuse.
(vi) Probation revocation.
(2) The state court administrative office may, under the
supervision of the supreme court, do any of the following regarding
programs funded under this chapter:
(a) Establish general eligibility requirements for offender
participation.
(b) Require courts and offenders to enter into written
participation agreements.
(c) Create recommended and mandatory sanctions and remedies
for use by participating courts.
(d) Establish criteria for deviating from recommended and
mandatory sanctions and remedies when necessary to address special
circumstances.
(e) Establish a system for determining sanctions and remedies
that should or may be imposed under subdivision (c) and for
alternative sanctions and remedies under subdivision (d).
Sec. 6. The state court administrative office may, under the
supervision of the supreme court, consult with the department of
corrections when establishing initial programming and eligibility
requirements under this chapter.
Sec. 7. The state court administrative office shall, under the
supervision of the supreme court, review programs funded by grants
under this chapter on an annual basis for effectiveness and for
compliance with the requirements of this chapter. The state court
administrative office shall, under the supervision of the supreme
court, report its findings under this section in writing to the
secretary of the senate and to the clerk of the house of
representatives not later than March 1, 2013, and not later than
March 1 annually thereafter. The report shall also identify each
court that has applied for a grant under this chapter, the amount
requested, and the amount received.
Sec. 8. Programs funded under this chapter shall be subject to
audit as provided by law.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 1179 of the 96th Legislature is enacted into
law.
